Thursday, October 31, 2019

Discussion Questions Essay Example | Topics and Well Written Essays - 500 words - 19

Discussion Questions - Essay Example This difference has caused social and economic changes in Europe and United States, which include aging population, changing role of women in the labor force, changing family structure, and demographic shifts towards urbanization (Bloom, Canning & Fink, 2008, 15). Labor force is expected to increase but due to changes in age participation rates and low fertility, youth dependency is lowered and female participation in the labor force increases. Economic growth apace and aging population proliferates due to betterment of health care. Thus, to stabilize and increase populations, developed countries focused on behavioral and economic responses that would aid in the betterment of health of working individuals to improve economic growth (Bloom, Canning & Fink, 2008, 1). 2. You are studying the community of a small pond and discover two similar species of fish. You believe they may be competitors, but you want scientific evidence to support or refute this idea. How would you conduct research, including studies you might carry out and findings you would expect if your hypothesis were true? Explain. Answer: To support the belief that two similar species of fish can be competitors, a research should be conducted and started through review of literatures, studies, and theoretical bases as these would provide the strong foundation for the study. For instance, Helfman, Collette, Facey & Bowen (2009) support the idea that members of the same species (like fishes) can compete with the resources and is called intraspecific competition (542). Researcher might carry out an experimental type of research observing two set ups – two same species of fish and two different species of fish to differentiate existence of competition or to assess the degree of competition between two set ups. The existence of competition even with the same species is the expected

Tuesday, October 29, 2019

Antimony Essay Example for Free

Antimony Essay The ancient Egyptians used it as makeup and today we use it in many ways, â€Å"it† is the element antimony. Discovered by the ancients, this element serves many purposes (it is no longer used as eyeliner, like it was for them), but also has many negative effects on people and the environment. Antimony is a metalloid found in group 15. It is a silvery lustrous rock, and its standard state is a solid. It is a poor conductor of heat and electricity. Antimony has many universal applications that are meant to be beneficial to people. One of its usages is in its form of antimony trioxide, is made into a flame retardant frequently used in toys and seat covers. Of its many functions, antimony is commonly used as an alloy to make other metals stronger. It is primarily alloyed with lead to make it harder. Its alloys are frequently used in batteries and cables. It is also used in some food packaging, usually used as a catalyst in manufacturing polyethylen terephthalate. One can come in contact with antimony in many ways. Antimony is found in the environment, but found in very low levels. The majority of antimony comes from the resources humans use. The antimony used in human products increase the amount of antimony in the natural environment. There is some antimony in soil, but high concentrations of it are found in wastes sites. The most common ways antimony can enter the body is simply consuming it or breathing its dusts in. Also contact with soil with high amounts of antimony can increase unwanted exposure. Since antimony is used to produce some types of food packaging, such as plastic water bottles, consumption is much more likely than breathing it in and touching toxic soil. The use of antimony in the medical field is very scarce considering it has negative side effects. To name a few, some utilizations are, compounds of antimony are used as antiprotozoan drugs and veterinary purposes, tending to be used as a skin conditioner, which is quite ironic considering what antimony is known for doing to skin. Antimony is known for having negative health effects. Antimony as well as its compounds are known to be toxic. If one has too much exposure to antimony it can cause major health impairments. A modest exposure to antimony by breathing it in can have an effect on skin and eyes. A skin condition that one can get by contacting antimony is antimony spots. It is a rash of pustules around sweat glands. Its effect on eye health consists of ocular conjunctivitis. Extreme amounts of antimony exposure can lead to more severe effects on the heart and lungs as well as skin and eyes. And although not proven, antimony and some of its products have been linked to cancer. The only way to prevent any of the bad conditions some antimony product provide, one needs to make sure that one gets as little exposure as possible. It is impossible to steer completely clear of antimony, and it is not necessary, a little exposure will not kill a person, but too much of something is never good.

Sunday, October 27, 2019

Comparison Between Lan And Wan Architecture Computer Science Essay

Comparison Between Lan And Wan Architecture Computer Science Essay We have been given this assignment to discuss about the awareness of technologies that are related to the internet and the topic Internet application which we have decided that my topic will be Comparison between LAN and WAN architecture. Using this topic we would have to discuss the current and latest issues that are related to the topic and subject, furthermore discuss the uses of technology and internet applications used in the topic. This topic is about the networks that are used by users across the globe they use these wondrous networks to work, communicate, do business, find information and even play games. Ever since these networks are made people are able to purchase an item or send a massage all by the push of a button. WAN is a network that is more wide in range while LAN is a network that is more limited or has a localized range, both of these networks have their perks and drawbacks and this report is about to discuss all about them including the technologies involved. Objectives Introduce the latest issues of the topic Discuss about the topics advantages and disadvantages Discuss critical comments and analysis What is LAN and WAN Network Architectures WAN A network is a connection between two or more computers that share information, hardware and software with each other this connection can be established via wireless or non-wireless media. LAN and WAN are two different networks that are used by users all around the world. The internet is an example of a WAN network, WAN was first created in 1969 it was first a networking project by ARPANET Pentagons Advance Research Projects Agency the main goal of the project was to allow scientists all around the globe, at different locations to share their information. Only four host nodes at the time and grew to 1000 host nodes in 1984, today there are over 350 million host nodes worldwide using the internet. The internet uses Domain name and IP address to differentiate or identify the computers connected to the internet. WAN is a network that spans over large geographical areas and is consisting of smaller networks called LAN or MAN. WAN is mostly used for business, collecting information, commu nication and other daily uses regardless of the users location. There are many ways to access the internet for example trough Wireless Internet Service Provider, Access provider where some business that provides individuals and other companies and their employees access to the internet with payment or for free. LAN Local area network better known as LAN is a network that has a limited area such as a house, school, computer laboratory, workshop or a small office building. LAN is normally connected through a twisted pair cable, hub or Wi-Fi, LAN is also faster than WAN because of the small area of the network and that the network lack of the need for a leased telecommunication line, in order to share data, printers or a LAN party which means a gathering of users, computers and game consoles for a multiplayer game. In a LAN network there is the main computer called a server and remote computers called clients, a LAN connection can be wireless or wired. Wired LAN network uses cable to connect to all the computers which would like to join the network and the main device called a switch. The wireless however uses radio waves to connect with other clients. Comparison between LAN and WAN Network Architectures There are many differences between LAN and WAN networks, the table displayed below compares the many differences between these two everyday networks. Differences LAN WAN Speed Higher(1000mbps) Lower(150mbps) Owners Owned and controlled by only one user, organization or server Not owned by anyone or any organization Set up costs Set-up costs are low as the devices are low-cost Set-up cost is higher then LAN as the there will be a monthly payment for connection, some connections are free as they are provided by companies Data transfer rate Higher then WAN Lower then LAN Components Use hubs, repeaters, bridges and switches Use router, frame relay switches and multilayer switches Connection Telephone lines and radio waves Often connect trough public networks example telephone lines, leased lines, satellite Maintenance LAN network encounters fewer problems as there are few systems to deal with. Maintenance is easy, faster and cheaper than WAN More errors are encountered in WAN as there are many systems that are at work. Maintenance is harder, slower and tends to be more expensive then LAN Geographical Area LAN covers an area which is within 100meters in length WAN covers a geographical area which is more than 100meters in length Bandwidth High bandwidth then WAN is accessible Low bandwidth is accessible Technical Area of LAN and WAN Network Architectures LAN: How LAN connects LAN has both wired and wireless methods to connect to each other, most LAN networks have a cable running from every computer to a wall jack. The wall jack is connected to a very similar type of cable that runs to a patch panel in a wiring closet. A patch panel is simply cable ports that allow all of the cables coming out of each wall jack to be connected to the LAN freely. Any active wall jack must have the matching port in the patch panel connected to a switch in the wiring closet. A wiring closet is small room or area where all of the wires connect and a building that uses computer networking will have more than one of these wiring closets placed in them, these wiring closets are mainly used for LAN networking. If there are many switches in a wiring closet, they are connected to one or two switches within in the same closet. These serve to connect all of the switches there as well as some of the cable runs entering the room. The switches in a wiring closet are connected to a switch pair in a main wiring closet. The switch pair helps to connect the entire LAN together. These distribution switches connect to the routers that helps the network travel further, connect the switches to the internet or the WAN thus extending the LAN.C:UsersuserDownloadsLANArchitectureDiag1.jpeg LAN Network: Cabling or Wired network Coaxial cable Cable is a medium in where information flows freely from one network device to next and then the next. In a LAN network there are many different types of cables used to connect the devices and computers in it, in the early LAN cabling system LAN used various versions of the coaxial cable. These cables are hard to install and are highly resistant to signal interference. They have a single central solid wire that symmetrically surrounded by a braided or foil conductor. Between the center wire and foil there is the insulation wire and then comes the copper mesh and the outer insulator.C:UsersuserDownloadscoaxla.gif Twisted-pair cable A twisted-pair cable is a cable that is made with an interesting technique, by intertwining the two separate insulated cables together with a certain color code, by doing this process it helps blocking out the electromagnetic interference EMI that could cause problems in the information sent through it. This cable is also the most widely used cable or the most suitable one for LAN networks. There are two different types of twisted pair cable unshielded twisted-pair UTP and shielded twisted-pair STP, the difference is that the STP has a fine wire mesh that surrounds the wire to protect transmissions while the UTP does not, and this is why the UTP is more sensitive than the STP. The STP can also extend to maximum distances and can withstand most environments. This cable was used in IBMs Token Ring in LAN implementation. C:UsersuserDownloadsutp and stp.jpg Fiber Optic cable Fiber optic cable is a the latest version of a LAN cable since the twisted-pair cable, this cable consists of tiny hair like fiber optic glass tubes that transmit the data which is protected by several layers of protective material called Kevlar. These hair like glass tubes transmit information or data with light signals rather than electronic signals, with this design and technology he fiber optic cable eliminates electrical interference, the cable is also known for its immunity to the effects of moisture and lightning which makes it ideal for network connections between buildings. This cable has the ability to transmit signals faster and further then both the coaxial and twisted-pair cable. However there are several disadvantages of the cable, which are the cable is more difficult to install and more costly than both the twisted-pair cable and the coaxial cable.C:UsersuserDownloadsFiber-Cable.jpg LAN Network Topology Network topology is the way they are assembled in which the network of computers and devices connect, each of this topology are used for a specific task and have their own advantages and disadvantages. The computers or users in a network topology are called nodes. Most network topology use a cable as a medium. Bus Topology The bus network topology is the simplest way to connect with multiple nodes, the bus has a single main cable that connects to other nodes, this main cable is also known as the backbone. Each node is connected one right after the other along the backbone, data or information that is sent from a node goes through the backbone until it reaches its receiving node, if an information or data sent such as an email does not reaches the receiving node it will be sent to the terminator which deletes the email completely. The bus is commonly used for implementing Ethernet at 10mbps.C:UsersuserDownloadsbus_topology.gif Advantages Disadvantages Easy to connect to computer or peripheral Backbone breaks entire system shutdown Requires less cable length then star topology Troubleshooting is difficult Ring Topology The ring network is a network topology where each node connects to two other nodes beside it forming a circle or ring and a single continuous link, the nodes are then connected to a main node or the first node. In the network information is passed from one node to the other, which means that a node acts as both the receiver and sender.C:UsersuserDownloadsRING_Topology.png Advantages Disadvantages Easy to wire and install If one node fails entire system fails Troubleshooting is difficult when the entire network fails. Star Topology Star topology is the most common network topology used, unlike the previous topology network the star has a hub or switch in its center, which acts as a conduit that transmits information through the network. Every device in the network is connected to the hub. The hub does not preform filtering or routing type tasks.C:UsersuserDownloadsfigure2.jpg Advantages Disadvantages Easy to modify and add new computers to network without shutting down network Requires more cable then bus and ring topology If one node fails the rest of the network will still function If the hub or switch goes fails the entire network fails Troubleshooting is easy More expensive WAN: NSP NSP also known as network service provider is an organization that does business by selling bandwidth or access to networks such as the internet by providing the backbone access to the internet itself as such the NSP is sometimes referred to or also known as backbone providers or internet providers. WAN network uses NSP to connect to other networks around the world and this is how, by connecting the NSP of other WANs together using links at Internet Packet Interchanges a global communication infrastructure is formed, these interchanges are also called peering points. The NSPs do not generally handle individual customer accounts except for the major corporate customers, but instead deal with intermediate organizations that they can charge for high capacity communications. They generally have an agreement to exchange certain volumes of data at a certain quality of service with other NSPs. So practically any NSP can reach any other NSP, but may require the use of one or more other NSP n etworks to reach the required destination. NSPs vary in terms of the transit delay, transmission rate, and connectivity offered.C:UsersuserDownloadswan.gif WAN: Dial-up access Dial-up internet is a connection which is made by the modem that is built in your computer and through a standard telephones line, by running by running the telephone line to the modem the computer can connect to the internet. This dialing must be done with a specific phone number. The dial-up system is a method that has been the thing of the past as it tends to take a long time to establish a connection with the internet, when it does the internet speed will be very slow. DSL DSL or dial subscribe line is a family of technologies that provide internet access by transmitting data by using the local telephone lines. POTS or better known as Plain Old Telephone Service One, POTS makes the most of the telephone companys wires and equipment is by limiting the frequencies that the switches, telephones and other equipment will carry. Human voices, speaking in normal conversational tones, can be carried in a frequency range of 0 to 3,400 Hertz cycles per second  for a great demonstration of this. This range of frequencies is tiny. These telephone lines are connected by copper wires to each home. Wi-Fi Wi-Fi is a wireless modem that allows a computer to connect to the internet. Wi-Fi can be less secure then the cable connections as bad weather or any other electrical interferences could damage the connection. Wi-Fi has adopted various encryption technologies. The early encryption  WEP, proved easy to break. Higher quality protocols WPA, WPA2 were added later. An optional feature added in 2007, called  Wi-Fi Protected Setup or  WPS, had a serious flaw that allowed an attacker to recover the routers password. Slow speed technology High speed technology Dial-up access uses a modem built in the computer that connects to the telephone line in the house to connect to the internet Cable modem, DSL, WI-FI and satellite modems Connection must be switched on when computer is turned on Connection is always on, when computer is running C:UsersuserDownloadsWAN-network.gif Critical Comments and Analysis This assignment has been a very interesting experience, not only have I learned a lot more regarding aspects of the Internet Applications module but it has also improved my understanding regarding various issues related to Wan and Lan network architectures. Ive come to understand that fundamental difference between them especially in the ways they function, and also in the way to set them up. Lan and Wan are two different networks architectures that are built to serve various users types and will come to play a very fundamental role as the world of information technology develops further. Conclusions The conclusion is, that LAN and WAN is two different networks yet both are just as important, these networks are used every day by everyday people like us. We use them to gather information and communicate with each other. This technology has helped develop our community and will continue developing it.

Friday, October 25, 2019

Harriet Powers :: biographies bio biography

Harriet Powers was born as a slave in 1837 in the state of Georgia. Powers was the creator of two specific quilts which are the most famous and well preserved examples of Southern American quilting tradition still in existence. Powers used the traditional African appliquà © technique coupled with the European record keeping and biblical reference traditions. Using these techniques, Powers was able to capture historical legends and Biblical stories in her quilts. Harriet Powers’ quilts were first seen at a crafts fair by an artist, a Southern white woman named Jennie Smith. Ms. Smith, who kept a diary and upon first meeting Harriet, recalls -- "I found the owner, a negro woman, who lived in the country on a little farm whereon she and her husband made a respectable living. She is about sixty five years old, of a clear ginger cake color, and is a very clean and interesting woman who loves to talk of her 'old miss' and life 'befo de wah.' " At first Harriet Powers was unwilling to sell her quilts to Ms. Smith. Yet when she and her family came into financial difficulty she agreed to sell them. Ms Smith writes -- " Last year I sent her word that I would buy it if she still wanted to dispose of it. She arrived one afternoon in front of my door in an ox-cart with the precious burden in her lap encased in a clean flour sack, which was still enveloped in a crocus sack. She offered it for ten dollars, but I told her I only had five to give. After going out consulting with her husband she returned and said 'Owin to de hardness of de times, my ole man lows I'd better tech hit.' Not being a new woman she obeyed. After giving me a full description of each scene with great earnestness, she departed but has been back several times to visit the darling offspring of her brain.

Thursday, October 24, 2019

Cross Cultural Leadership Essay

Leadership is the process of getting work done through others. A leader encourages and motivates others towards accomplishment of certain pre-defined organizational goals. The management maintains the status quo whereas the leadership is responsible for predicting fresh solutions and methodologies. The leadership is responsible for motivating people to bring out their best. The modern leader must be multicultural because corporate success, profit, and growth depend increasingly on the management of a diverse work force. Cross-cultural leadership is a term that identify the diversity of work culture, the fact that the leader (or leaders) may come from social, linguistic, ethnic, or cultural groups but work would be remain same for all. Working with people from different countries, conducting meeting, dealing with clients, entertaining, negotiating and corresponding with colleagues or clients can be a beneficial to the employee to understand the intercultural differences. Understanding intercultural difference ultimately breaks down the barrier and helps to build trust and increase good relationship which yields concrete results in terms of business success. Few key components of cross cultural leadership skill are: Attitudes towards time, Commitments, Success Status Authority Accountability Planning Negotiation Rewards Teamwork Personal boundaries and social interactions Effectively managing a multicultural business requires at least a basic knowledge of employee’s culture and traditions. Familiarity with both is essential because each has a bearing on an employee’s every day behavior. Whether we realize it or not, culture and tradition are powerful principles we always carry with us. Culture is always with people even though people are unaware of it.

Wednesday, October 23, 2019

Fairy Tales Final Exam Short Answers Essay

1. The Idea of Naming Unique names and titles contribute greatly to the success of fairytales. In classic fairytales, readers identify the protagonist as an icon, rather than a requisite to push the plot. Timeless â€Å"appellations,† such as â€Å"Cinderella,† â€Å"The Little Red Ridinghood,† â€Å"Snow White,† â€Å"Blue Beard,† etc. inheritably connect to public impression. Nowadays, every name has a story behind it, and the name itself is a story. In general, classical fairytale names feature descriptive adjectives, especially colors, which directly refer to the protagonist’s physical characteristic. As a result, names sound both natural and indigenous that readers can easily remember. Thanks to the widely recognized popularity, these vivid appellations now become universal symbols. For example, â€Å"Snow White† denotes unsurpassable beauty rather than a beautiful child â€Å"as white as snow.† In addition, â€Å"Cinderella† literally addresses to a maiden who works all day long in â€Å"cinder,† while nowadays the appellation represents any girl who successfully achieves materialistic progress through marriage, such as Princess Kate. Furthermore, these lively descriptive dictions greatly impact fashion and entertainment industry nowadays; Recently, Christian Louboutin, the famous shoe designer known for his trademark red soles, announced his latest challenge: to design a pair of modern glass slippers since woman has been longing for centuries to find a perfect fit. Names in classic fairytales serve more than a reference to the character, but an idol to carry the timeless stories forward. However, compared to the straightforward names in classics, modern fairytale names feature simplicity and artificial symbolization. For more recent days, fairytale writers tend to simplify the names but focus more on the storylines themselves. Hans Christian Anderson, the celebrated fairytales authors in 19th century, emphasizes on the character’s identity such as â€Å"the little Mermaid, † â€Å"The little match girl,† â€Å"Princess on the peas† instead of detailed physical descriptions. Another 19th century writer, Oscar Wilde also adopts straightforward appellations such as â€Å"the Giant,† â€Å"The happy prince† that inevitably weaken the visual impact on readers. However, the simplicity contributes greatly to the story telling itself, since readers now pay more attention to the plot. People memorize the happy princess as a selfless donor rather than a beautiful, grandeur statue. Also, the â€Å"little match girl† from Anderson wins worldwide sympathy not for the fact she sells matches, but for the suffering. Thus, during the 19th to 20th century, fairytale names move toward simplification and frankness. Furthermore, in contemporary works such as Judy Budnitz’s Flying Leap and Donald Barthelme’s Snow White, writers either artificially embody names with symbolization, or utilize names as agent numbers. For example, in Judy Budnitz’s Hershel, readers intuitively connect the protagonist Hershel, who sells baby as a product through baking them in the oven, to the Hershey chocolate factory. What would happen if technologies allow human to reproduce as baking chocolates? On the other hand, names do not necessarily convey any information of the character. Barthelme assigns random names to the seven dwarfs such as Kevin, Edward, Huburt, etc. in Snow White that carry few significant annotations but effectively smooth the story telling. Thus, in modern days, authors add an artificial flavor to fairytale names that either designed for clarification purposes or for intentional symbolization. As a result, the impact of names gradually deceases from classics to modern works, since modern writers tend to focus more on the ideas rather than to establish a universally recognized icon. 5. Fairytale Family Tree Although most fairytales initially contain violence, cruelty, and sexual descriptions, modern readers intuitively associate fairytales with a perfect heaven-like world. Why? Throughout the past three hundred years, writers, producers, and scholars gradually collaborate to not only remove the dark side of fairytales, but also invest heavily on comic elements to win popularity. As a result, from traditional Perrault to innovative Shrek, modern fairytale reinterpretations celebrate laughter, humor, and optimism to a dramatic extent. As the first person to mark fairytales as a new genre, Perrault maintains most of the violence, sexual inference, and tragic endings in Tale of Mother Goose. However, he attempts to draw a moral lesson from each story, especially those with a sad ending. As a result, these comments provide valuable relief to readers. For example, in Little Red Ridinghood, Perrault warns children against the danger of â€Å"talking to strangers.† Thanks to the warning, children would fear less of the unpredictable death− swallowed by a wolf, but behave cautiously in real life. Obviously, although pessimistic elements inevitably accompany some fairytales, storytellers endeavor to restore the belief of ultimate truth, happiness, and beauty in the end. Following Perrault’s trend, Grimm Brothers deliberately minimizes the number of gloomy fairytale endings. Despite the remaining violence, almost all the princes and princesses symbolically â€Å"live happily ever after.† Since Grimm brothers target children as the major readers, they offer immediate satisfaction to intensify the optimism−originated from Perrault’s moral lessons. As a result, in Grimm Brother’s version, little red ridinghood successfully rescues her grandma as well as defeats the wolf through the hunter’s assistance. Along with Grimm Brother’s efforts, modern movie productions, especially the Walt Disney productions, further strengthen the delightful side in fairytales that elevate the genre as a symbolization of the ideal world. Thanks to the overwhelming influence of Disney productions, fairytales win the favor of children and parents from all walks of life. In addition to the ultimate happy ending, Disney eliminates most of the bloody scenes in movies. For example, in Snow White and the Seven Dwarfs, the evil queen falls off the cliff instead of dancing until death on iron slippers. Thanks to Disney’s emphasis on the bright side, most antagonists receive reduced punishments. Moreover, Disney introduces music, funny appellations, and humanlike animal figures to promote the comical atmosphere. For the first time, producers assign distinguishable names, such as â€Å"Sleepy,† â€Å"Happy,† to the seven dwarfs in the Snow White movie. As a result, Disney movies root deeply in children’s hearts with a perfectly moral kingdom. Furthermore, modern artists seek innovations to alleviate the struggle on the protagonists’ quest in Disney movies; indeed, every moment should bring laughter instead of nervousness to the audience. In addition to the removal of violence, films and productions such as Shrek and Into the woods totally renovate the storyline. No longer serving as the puppets under writers’ manipulation, fairytale characters start to reflect, comment, and even tease each other in a good nature. Undeniably, worldwide audience celebrates the humor when the green ogre Shrek awkwardly kisses the green princess Fiona, proven by Shrek’s commercial and critical success. Based on Disney’s illusion of a perfect world, modern producers further reduce the struggles but laugh at the hardship into lighthearted humor. Overall, through Perrault, Grimm Brother, Disney and contemporary producers’ efforts, worldwide children and parents regard fairytales as the ultimate relief of the real world. Gradually moving away from the dark sides, fairytale nowadays celebrate love, trust, truth and most importantly, humor. 6. Dorian Gray and Budnitz’s stories, fairytales or not? According to Bruno Bettelheim’s definition, Dorian Gray by Oscar Wilde hardly meets the qualifications of fairytales. For Bettelheim, fairytale must provide security to readers by directly addressing to the â€Å"existential anxieties and dilemmas,† while Dorian Gray fails to offer such assurance. Instead, Wilde industriously portrays the dark side of human psyche. Also, Bettelheim regards fairytale as a reflection of growth and maturity. However, Dorian Gray obviously never grows up but dies of self-obsession. In fact, Oscar Wilde focuses on Dorian’s struggle to fight against the physical aging process rather than addresses to spiritual awakening. Although Dorian sacrifices his soul in exchange of forever youth and beauty, the eventual punishment fails to show any lessons of struggle. Dorian not only fails to achieve salvation through good deeds, but also shows no regrets of the evil trade. Thus, Bettelheim would very likely dismiss the proposal of categorizing Dorian Gray as a fairytale. In addition, Bettelheim’s theory states that fairytales respond to â€Å"the desperate feelings of loneliness and isolation† rather than narcissism or hedonism. As an aristocrat, Dorian Gray enjoys both materialistic affluence and spiritual fulfillment. Physical beauty effortlessly wins Dorian the love from the upper class under the setting of Victorian London. Especially the appreciation from Lord Henry greatly satisfies Dorian’s self-pride. Thus, Dorian suffers from neither loneliness nor isolation as Bettelheim highlighted but self-obsession. Moreover, Dorian lacks adventures into the world since he mostly struggles against internal human greed, violating Bettelheim’s belief of â€Å"only by going out into the cord†¦can find himself†¦and others live happily ever after.† Furthermore, Dorian Gray’s interaction with the outside world only intensifies his self-obsession, as the crowd incessantly celebrating his beauty. As a result, Dorian Gray only portrays the dark side of human psyche without suggesting any lessons about maturity and growth. On the other hand, Budnitz’s short stories satisfy partially Bettelheim’s expectation of fairytales, but still fail to generate a valuable lesson for adult to learn and grow. For example, Barren directly addresses to the insecurity of adult world: what would happen if human suddenly lose the capability to raise children? However, the story itself fails to provide assurance and relief. In Barren, despite countless endeavor to make babies, humans achieve no progress. The protagonists â€Å"go out into the world† for solutions, for example adopting babies in China and Indian and orphans and sex. However, they return with disappointment and panic. Babies eventually re-appear not because of human’s efforts, but of the invisible hands of fate. Under Bettelheim’s theory, fairytales suppose to show children that â€Å"if one does not shy away from severe difficulties†¦but steadfastly meets unexpected†¦masters all obstacles and emerges victorious†¦Ã¢â‚¬  Unfortunately, Budnitz not only rings the alert of the danger of generation gaps, but also eliminates the optimism. Compared to fate, human efforts appear so fragile that even the most fundamental ability of reproduction faces the danger. As a result, at the end of the story, readers close the book with unprecedented fear rather than relief. Furthermore, even happy endings do not fully represent fairytales under Bettelheim’s theory. Although stories such as Direction provide a happy reunion, the story itself fails to articulate how to achieve such success. Even old magic provides the readers something to believe, instead of the absolute randomness. Compared to traditional fairytales, Budnitz’s stories leave the readers with too many concerns shadowing the satisfaction. Obviously, Bettelheim would not agree with such incompleteness. Instead, he would probably classify Budnitz’s stories as modern fables since they do teach a meaningful lesson to the readers. 7. Ownership of fairytales As fairytales evolve throughout history, every generation has a unique interpretation. Obviously, Disney productions dominate the modern fairytale interpretation, for children recognize the little mermaid as â€Å"Ariel† and Beauty as â€Å"Bella.† Understandably, critics such as Jack Zipes express blatant jealousy towards Disney’s success by charging that the animation giant â€Å"has attempted to fix them in our minds.† However, in the modern era, Disney movies achieve unprecedented popularity only because they capture the value of modern audience most successfully. Through animations, pillow books, toys, and Disneyland, Disney creates a universal fairytale kingdom with followers in every age group. Although Disney heavily emphasizes on American dream such as affluence, humor, endeavor, and perseverance, the cartoons cross the culture boundary and win recognition all over the world. After all, if Disney does own a monopoly, it is the readers themselves that voluntarily allow Disney characters to root in their minds as fairytale stereotypes. In addition, Disney domination not necessarily sentences the death of other fairytale interpretations. Beyond the Disney stereotypes, Anne Sexton’s Transformation and Bruno Bettelheim’s The Enchant of Fairytales revolutionize my impression of fairytales in the semester, especially the brilliant comments by Sexton. As a huge Disney lover, I never doubt the beauty of fairytale imaginaries. However, lines such as â€Å"The two sisters came to curry favor/and the white dove pecked their eyes out/two hollow spots were left/like soup spoons/† and â€Å"like two dolls in a museum case/never bothered by diapers or dust† in Cinderella add an intrinsic flavor of the real world imperfection into the Disney kingdom. Too many marriages end up with arguments. Maybe the relationship was as perfect as Cinderella and the Prince’s, but what daily arguments actually ruin the sweetness? Or perfect marriage only lasts in the museum case? Although readers frequently seek an idealistic escape in fairytales, such sarcastic comments actually provide an insightful reflection over the real life conflicts. Compared to Sexton’s abrupt commentary, Bettelheim explores the symbolic interpretation of fairytales under logics. In the past, fairytales bring nothing more than happiness, spiritual fulfillment, and moments of relaxation. However, Bettelheim’s The Enchant of Fairytales connects the most straightforward stories to the sophistication of literature. Every character symbolizes a group of children; every adventure teaches a lesson; every journey leads to growth. Most importantly, through Bettelheim’s psychological analysis, the seemingly artificial explanation indeed collaborates into a well-developed theory. For example, Bettelheim interprets the deprivation of the cow as a turning point for Jack to â€Å"encounter the world† and â€Å"do it by himself.† Also, the symbolization â€Å"gold† as pure wealth, â€Å"golden eggs† as the importance of producing wealth, and â€Å"golden harp† as â€Å"beauty,† or â€Å"higher things in life† totally fascinate me. As a result, Bettelheim’s logical analysis overrides my impression from Disney; for the first time that I realize that fairytales can suggest more than dream, but the complete process of growth and maturity as well. In addition, Bettelheim’s theory about the quest into the woods in pursuit of success arouses my personal memory. As an international student, studying abroad itself simulates the adventure. Maybe I am the Hansel or Gretal who fights for survival? Or maybe I am the Jack who climbs into the sky for wealth, recognition, and maturity? Fairytales serve as a reminder of the dream. Undeniably, audience cherishes Disney stories for the vivid visualization of fairytale characters, the celebration of success, or a moment of relief. However, insightful comments in Sexton and Bettelheim also provide an alternative view: rather than stories for entertainment, fairytales open an encyclopedia that guides the path to maturity.

Tuesday, October 22, 2019

COMMERCIAL LAW Lifting the Veil of Incorporation essay

COMMERCIAL LAW Lifting the Veil of Incorporation essay COMMERCIAL LAW: Lifting the Veil of Incorporation essay COMMERCIAL LAW: Lifting the Veil of Incorporation essayLimited Liability Company is undoubtedly one of the most outstanding inventions of mankind. Along with technological advances, it provided an opportunity for rapid economic development of our civilization over the past century and a half. Such a company, first, is a subject to law separate from its members, and, second, the parties are not liable for its obligations. The latter makes it possible to attract funds of investors into various businesses, including high-risk ones, which creates favorable conditions for the realization of all kinds of innovative projects.Unfortunately, limited liability companies are often used in bad faith, in particular, as a tool to defraud creditors. This raises the question whether it is necessary to always adamantly follow the principle of limited liability, or sometimes this principle can be omitted placing the responsibility to the creditors on the participants of the company or other responsibl e persons. It is obvious that such exceptions are sometimes quite feasible and can be realized in the frameworks of piercing the veil of incorporation doctrine. At the same time, these conditions must be sufficiently restrictive so as not to discredit the very concept of limited liability. Further in this paper, we will explain the concept of lifting corporate veil by using real life examples and show the imperativeness of its importance.Lifting the veil: law practicePerhaps for the first time the issue of lifting the corporate veil was discussed at a high judicial level in a classic case of Salomon v A. Salomon Co Ltd of 1897. The majority shareholder owned 20001 shares of the company, while his wife and children owned six more (under the law of time the company should have had at least seven shareholders). Despite the fact that the majority shareholder completely controlled the shoe factory, which eventually went bankrupt, the House of Lords, acting as a court of highest resort, denied liquidator to entrust the shareholder liable for the debts of the company. The court in this case took quite a formalistic position, stating that all the requirements of the law regarding the establishment of a limited liability company had been met, and the court had no right to add any additional requirements to them (Presser, 2012, p.24). However, development of corporate forms in global business environment led the jurisprudence to the fact that in some cases the courts recognized the need to retreat from the principle of limited liability of shareholders (participants) of the company and the company’s management bodies, as well as the liability of parent companies for the actions of their subsidiaries.The essence of the doctrine of lifting the corporate veil is in assigning responsibility of an independent legal entity to third parties. In practice, this term is used in three cases (Presser, 2012; Franklin, 2013):When the court in dealing the issue of liability of the legal entity departs from the principle of the limited liability of the founders (participants) and places the responsibility on them;When the court ignores the separateness of legal entities belonging to a holding or a group of legal entities, and, based on the principle of â€Å"single economic unit†, imposes liability of an independent legal entity on separate legal entities comprising the holding or group;When the court imposes liability on the bodies of the legal entity.However, the most difficult issue in such cases is to determine the criteria by which the company will be subject to lifting the veil. In general, basing on Presser (2012), Franklin (2013), and Nyombi (2014), in the context of civil proceedings the courts have identified at least three situations where it is appropriate to lift the corporate veil. First, if the offender is trying to hide behind the corporate facade or veil to hide one’s crime and benefits from it. Second, if the offender commi ts an act on behalf of the company, which (with the mandatory presence of guilt) constitutes a criminal offense leading to one’s conviction; in this case the corporate veil is not even lifted but rather offhandedly torn off. Third, if the transaction or commercial structures are â€Å"device†, â€Å"cloak† or â€Å"sham†, that is, an attempt to disguise the true nature of the transaction or structure to defraud third parties or courts. Thus, we can conclude that the corporate veil lifting in civil disputes is based on the criteria of â€Å"ownership and control’ and â€Å"bad faith† subject to mandatory proof.The first element is denoted by the term â€Å"dominance† and the idea is that the controlling person has the ability to fully define actions of the controlled entity. To establish the fact of control, a number of factors can be used that considered together may indicate the presence of total control feature (situation where the company is the alter ego or instrumentality of its owner), as researched by Nyombi (2014), Franklin (2013) and OECD (2001):Insufficient independence, i.e. providing a minimum ownership capital insufficient for conducting activities;Milking the company use of company’s funds for personal needs of the owner (direct payment of personal telephone calls, personal vehicles, personal purchases, expenses of relatives, etc. from the corporate accounts);Misrepresentation – distortion of facts regarding business activities, information about location, company’s assets, managerial staff, providing false addresses, nominees as the administrative body of the company;Commingling and holding out the use of joint accounts, facilities, transport and other property;Non-compliance with corporate procedures/formalities: the absence or irregular conduct of meetings of participants, absence or merely a nominal presence of directors and other employees, inobservance of recordkeeping requirements, lack of bank account or conducting corporate transactions from the owner’s account, conducting business on behalf of the company and not on behalf of the owner, submitting no reports or irregular reporting documentation to the public and other authorities;Non-payment of dividends, non-distribution of profits;Using the company to pay the debts of other companies or those of the owner.The main criteria for the recognition of a company as the shareholder’s agent were established in 1939 in the case of Smith, Stone Knight Ltd v Birmingham Corporation (BC wanted to compulsorily acquire the land owned by SSK’s subsidiary Birmingham Waste Co Ltd, and parties disputed the compensation directly to Smith, Stone Knight Ltd, cited in Presser (2012, p.65), which included the following noticeable ones (Presser, 2012, p.69):Profit of the company is considered as the profit of the shareholder;Shareholder appoints the persons carrying out activities on behalf of the company;Shareholder is the brain center of the company;Shareholder has permanent control over the company’s business;Turning to more modern precedents, we should remember the case of DHN Food Distributors v Tower Hamlets London Borough Council of 1976, though it was not quite usual in the sense that the very controlling entity of the company demanded to lift the corporate veil (Presser, 2012, p. 93). Thus, the parent company wanted to take the place of the subsidiary it controlled. In this case, a plot of land in London formally owned by the company belonging to DHN-holding group that owned a grocery store was subject to the mandatory buyout for public use. DHN store warehouse was located on the buy-out land, and by the agreement with the affiliate DHN enjoyed the right perpetual lease of land. Its withdrawal led to the cessation of DHN business, and it could claim for damages if it owned the plot. DHN applied to the court for the corporate veil lifting, referring to the fact that it completely controlled its subsidiary. Namely, (1) it participated in the affiliate’s capital by 100%, (2) directors were the same people, and (3) the affiliate was used by the holding exceptionally to own the land and did not conduct any independent activity. The Court agreed with the arguments of the plaintiff and lifted the corporate veil, allowing DHN receive compensation for withdrawal of the land instead of the subsidiary.In all cases of principal-agent relationship between the company and its shareholder, the company actually lost its independence, which gave courts the grounds for departing from the principle of Solomon. At the same time, ownership and control are not sufficient criteria to lift the corporate veil. The court cannot lift the veil only because, in its opinion, it meets the interests of justice, but the corporate veil should be lifted if the case also involves impropriety, abuse of rights, deception or offense (Anderson, 2012, p. 133). As ex plained by OECD Taxation (2001, p.39), the essence of this criterion is that the controlled entity is used by the controlling person to the detriment of a third party and at the same time as the tool to escape from responsibility of the controlling person itself. In this situation, the case goes about using the corporate structure of the company as a facade to conceal the facts.For example, in Jones v Lipman (1962) (cited in Franklin, 2013, p.10), the defendant made a commitment by the contract to sell the land to the plaintiff, after which the one decided not to carry out the sale, set up a company being its shareholder and director, passed the land to its possession and refused to execute the contract with the plaintiff. Respondent filed suit for specific performance. The court obliged the director of the established company, and the company itself which was the creation of the controlling director, tool and veil, the mask which he held in front of his face to become invisible to the law of justice. Furthermore, in Adams v CapeIndustries (1990), it was found that there is no general principle according to which a group of companies should be regarded as one person (Anderson, 2012, p. 134). Thus, in Polly Peck International Plc (1996) it was found that a subsidiary being a financial mechanism created with the sole purpose of obtaining a loan should not have been considered part of the holding company (respectively, holding’s responsibility was not attached), even despite the fact that lenders issuing the loan, obviously, gave the money based on the trust to the latter (Presser, 2012, p.111). The precedent for further monitoring of offshore companies and for the recovery of lost revenue due to the activities of their owners was also created y the case of Antonio Gramsci v Stepanovs (2011) (Anderson, 2012, p. 135).Thus, in case of the presence of dominant control and impropriety related to the use of corporate structure to avoid or conceal liability, cor porate veil should be lifted in order to prevent corporate fraudulent activities and avoidance of executing contractual or other legal obligations. At the same time, shareholders may be accepted as personally liable if their illegal purposes or deliberate concealment of the true state of affairs is proved.ConclusionUnder current law, a legal entity is separate, individual and independent from its founders, having the ability to own property, to enter into commitments, and sue and be sued. An immanent feature of the legal entity’s independent nature is the limited liability of its founders: they are not liable for the obligations of the legal entity, that is, they are behind its veil. Development and complication of civil turnover led to the need to develop a list of exceptions to this principle, mainly to counteract the abuse of this right. â€Å"Lifting the veil† doctrine is included today in the corporate law of many countries aimed at providing diligent and proper e xercise of civil rights and civic duties.Piercing the corporate veil is an instrument for balancing the interests of the companies’ members (shareholders) and the interests of creditors, and is valid to uncover the ultimate beneficiary and fulfill the rights of creditors, if the entity is created only for the use of participants’ limited liability in terms of debts, which is particularly evident in activities of â€Å"one person† companies. In our opinion, despite the existing differences in interpretation, the institution should be used not to destruct the limited liability, but to prevent the unlimited one. In particular, it makes sense to consider the doctrine of lifting the corporate veil in the overall context of the fight against abuse of corporate relations, as well as a kind of addition to the norms of the written law, stipulating that under certain circumstances company participants can be deprived of their privilege of limited liability.