Australian Corporate Law Understanding Law

Question: Describe about the Australian Corporate Law for Understanding Law. Answer: Issue: The legal issue that arises in this question is if Bob will be able to escape the provisions of Scallop Fishing and Marketing Act if he forms a company. According to this legislation, a quota system has been prescribed and under this system, a person can catch 50 tons of scallops in a single year. On the other hand, Bob's daughter Alice states that if Bob forms a company, he will be able to double his catch as a company is considered as a distinct legal entity that is separate from its members. Relevant law: the relevant legal provision in this regard is the doctrine of separate identity of a corporation. This norm has been provided by the court in the decision given in Salomon v Salomon.[1] In this case, the court came up with the principle that is known as the veil of incorporation. Generally the courts consider that they are bound by this principle. As a result of this principle, it is considered that a fictional veil is present between the members of the company and the company itself.[2] Or in other words, a corporation enjoys a corporate personality that is unique from its members. However there can be certain cases where this corporate veil may be lifted by the courts or the veil may be ignored to impose liability on a person behind the veil or to reveal the real form of the corporation concerned. The rationale that is present behind the notion of piercing the corporate veil is that the law will not allow the persons to misuse or abuse the corporate veil.[3] Therefor e if under the circumstances of a case, the court feels that certain persons are misusing the corporate form, it is available to the court to rip apart the veil and expose the real nature of the company. Therefore in such a case, the court may disregard the principle that has been established in Salomon's case by the House of Lords. Therefore, as mentioned above, the corporations law provides that a legal entity comes into existence on the day of the registration of a company. However, in some cases it is available to the court that this veil of incorporation may be ripped apart and can impose liability on the person behind this veil of incorporation. Therefore in this case, the law allows the court to ignore the legal fiction of the distinct identity of a corporation.[4] This is known as lifting the corporate veil by the court. In this case, the circumstances have been described where the court may decide that the distinct identity of the corporation needs to be ignored and the court should look at the real character of the corporation. The result is that when the court has decided to impale the corporate veil, it has the choice to look beyond the structure of the company for the purpose of imposing rights or duties on the members of the company even if in such a case, if the norm provided in Salmon's case is s trictly applied, the right or the liability cannot be enforced by the court against these members and only the company can be held liable. Therefore when the court has decided that the corporate veil needs to be lifted, the court can ignore the veil and impose the liabilities of the company on the members who have formed the company. But the courts are allowed to do so only under very exceptional circumstances. The result is that still the general rule that is applicable in such cases that the liabilities of the corporation can be imposed only is the corporation and not against its members. Argument on facts: when the relevant legal provisions that have been mentioned above are applied to the facts of this case, it appears that in this case also, the Scallop Fishing and Marketing Act as clearly provided that each person is allowed to catch only 50 tons of scallops per year. But in this case, Bob Beech wants to know if he can escape the application of this legislative provision. For this purpose, his daughter Alice advises him that if he forms a company, he will be in a position to double his catch. The reason is that a company is considered as a distinct legal entity in the eyes of law. Therefore, Alice believes that Bob and the company formed by him will be treated as two persons and they can catch double the quota of scallops. Conclusion: But in this case, Bob's daughter Alice had ignored the fact that if it becomes clear that a company has been formed only for the purpose of evading the liability of its members, the court may rip apart the corporate veil and impose liability on the members of such a corporation. Therefore in the present is also, if it becomes known that the company has been formed by Bob only with a view to escape your application of the Scallop Fishing and Marketing Act, the court may pierce the veil and won't Bob liable for the breach of the provisions of this legislation. As a result it is clear that Bob cannot double the scallops caught by him even if he incorporates a company. 2. Issue: the issue that needs to be decided in this question is if the liability of Nuclear Blast Sounds Pty Ltd can be imposed against its parent company, New Nirvana Ltd. Nuclear Blast Sounds is one of the several subsidiary companies that have been created by New Nirvana for the purpose of establishing its rock concerts. In this regard, Nuclear Blast Sounds as the responsibility to set the sound at the concerts of New Nirvana. However in this case, due to the negligence of Nuclear Blast Sounds, the sound level was set too high and the result was that some members of the audience suffered hearing loss permanently. When these audience members decided to bring a claim against Nuclear Blast Sounds, they came to know that this company does not have the funds to pay the likely damages and in the same way, it does not have any negligence insurance. The result was that these audience members want to know if they can bring a claim against the parent company, New Nirvana as it is in a posi tion to pay the likely damages. Relevant law: According to the corporations law, it is considered that in case of a group of companies, each company has its own distinct identity. At the same time, there is a corporate veil that separates the company and the members of the company. The principle regarding the company being a separate entity was provided in Salmon's case. However, under certain circumstances, it is available to the court to disregard the company as a separate entity and therefore the court may impale the corporate veil.[5] When a group of companies is involved, sometimes it may be decided by the court that the corporate veil needs to be impaled for considering the economic realities that were related with the group of companies.[6] An example in this regard can be given of the case titled D.H.N. food products Ltd. V. Tower Hamlets.[7] Therefore the Court has stated in this case that the separate legal identity of a corporation can be ignored by the courts if under the circumstances, doing so will be just and equitable. In this case, it was the opinion of the court that the corporate veil needs to be impaled regarding a group of companies. The result was that the court arrived at the conclusion that three subsidiary companies of the group were in fact the same economic entity and the result was that the court stated these companies to be entitled to compensation. The general rule that applies in such cases is that when a group of companies is involved, each company of the group needs to be treated as having its own distinct legal identity. But there can be certain cases where the court may decide that they will not be afraid of gays to impale the corporate veil. A similar example was seen in Adams v Cape Industries.[8] The issue in this case deals with the application of a foreign judgment against the company. However while arriving at its decision in the case, the court was of the opinion that each company, forming a part of the group needs to be treated as having its own distinct identity. Therefore, the decision of the court was that when a group of companies is involved, the general principle will be that each company, forming a part of such group should be considered as a distinct entity. However, under the circumstances mentioned above, in some cases the court may arrive at the decision that the general principle should be disregarded a nd the corporate veil needs to be impaled so that the liabilities of the subsidiary company may be imposed on its parent company. Application of the law: In this case, Nuclear Blast Sounds does not have the funds that may be required to pay the likely damages to the audience members and at the same time, this company does not have negligence insurance. Under these circumstances, the audience members who have suffered hearing loss want to bring a claim against the parent company of Nuclear Blast Sounds, New Nirvana Ltd. Conclusion: However this can be allowed only if these audience members can establish that New Nirvana Ltd. has complete control over the activities of Nuclear Blast Sounds and as a result, the corporate veil needs to be impaled and the liabilities of the subsidiary company needs to be imposed on New Nirvana Ltd. 3. Issue: There are two issues that need to be decided in this question. First of all, it has to be seen if the clause mentioned in the constitution of Millennium Pty Ltd can be enforced by Don in his position as the company's solicitor. At the same time, it also needs to be seen if the cause is unforeseeable which provides that whenever a dispute may arise between the company and its members, such dispute should be taken before an arbitrator before starting legal proceedings. Relevant law: the relevant provision in this regard section 140 of the Corporations Act, 2001. This section provides that the company's constitution needs to be considered as a contract that has been concluded between the corporation and its members; the corporation and its directors or a contract between individual members of the corporation. But in this regard it is to be mentioned that the contractual effect of the companies constitution is only restricted to these situations. The relevant case that can be applied on the above-mentioned facts is that of Eley v Positive Life Assurance Co Ltd.[9] In this case, Eley was acting as company's solicitor and it was mentioned in the articles of the company that he will remain the company's solicitor for a lifetime. Later on, he also became a member of the company. But after some time, the company decided to remove him from his position as the company's solicitor. As a result, he started legal proceedings for the breach of contract. However the court did not agree with the submissions of Eley. The code was of the opinion that the contractual effect of articles was limited to Eley's position as a member of the company. Therefore, he cannot enforce this right as the company's solicitor. Another case that deals with the second issue in this question is Hickman v Kent or Romney Marsh Sheep-breeders Association.[10] In this case, the companies constitution provided that if there was a dispute among the company and members, before starting any legal proceedings, such dispute should be taken to an arbitrator. But in this case, Hickman started legal proceedings in a court directly without taking the dispute before an arbitrator first of all. The result was that the court stated that because of the constitution can be enforced by the company against its members. Consequently, the proceedings in the court were stayed. Application: in the present case also, Don is willing to enforce a clause of the constitution of Millennium Pty Ltd not in his capacity as the company's member but as its solicitor. Therefore in this case, he cannot be allowed to do so. On the other hand, the clause which provides that a dispute should be referred to an arbitrator, is legally enforceable. Hence the company can prevent Don from taking recourse to legal action without referring to this due to an arbitrator first of all. Conclusion: Don cannot enforce the clause of the Constitution according to which he was to act as the company's solicitor for all the transactions of the company. But the company can enforce the clause which provides that a dispute has to be taken to an arbitrator before starting legal proceedings. References Harris, J. Hargovan, A. Adams, M. 2015, Australian Corporate Law LexisNexis Butterworths 5th edition Latimer, P, 2016, Australian Business Law CC, Edition Lipton P, Herzberg A and Welsh, M, 2016, Understanding Company Law, 18th edition, Thomson Reuters Parker, G. and Sangkuhl W., 2015, Understanding Business Law 7th ed LexisNexis Butterworths Stephen Graw, 2011, An Introduction to the Law of Contract, 7th Ed., Thomson Reuters. Vermeesch,R B, Lindgren, K E, 2011, Business Law of AustraliaButterworths, 12th Edition Case Law Adams v Cape Industries plc [1990] Ch 433 DHN Food Distributors Ltd v Tower Hamlets London Borough Council [1976] 1 WLR 852 Eley v Positive Life Assurance Co Ltd [1876] 1 Ex D 88 Hickman v Kent or Romney Marsh Sheep-breeders Association [1915] 1 Ch D 881 Salomon v Salomon Co [1897] AC 22

Organ Donation Essay Paper Example For Students

Organ Donation Essay Paper In March of 1999, I was given a gift from a person I never knew; a person Ill never get to know. This gift cost the person who gave it to me, no money, but it was the most valuable gift Ill ever receive. The gift was a piece of life from another person. At the age of twenty-four, I broke my hip. After three unsuccessful surgical attempts to heal it, my doctors performed a total hip replacement. The top four inches of my femur were sawed off, and the inside of my bone was hollowed out. A steel rod, nine inches long, was pressed fit into my bone. I was on crutches for over a year, but I really believed I would be able to walk on my own again. Less than one year after the surgery, I was back on crutches and in terrible pain. I had developed stress fractures in several places along my femur. For nearly one year I walked only when it was necessary and ate painkillers as though they were candy. Finally, my doctors decided to try something new. On March 9, 1999, my doctors took a rib bone, donated from a cadaver, split it in half, and wired it around my broken femur. Less than two months later, I was off crutches and walking normally for the first time in almost five years. I could actually enjoy life. I was lucky. I wasnt going to die if I had no donor, donated bone is easier to acquire that a heart, lung or kidney. Other people are not as lucky. Patients waiting for one of those life-sustaining organs must rely on the generosity of others, and the misfortune of that generous person. Someone must die, in order for that person to live. No one likes to talk about death, but lets face it, we all die. Dying is a part of life. Many people dont talk about organ donation because it involves talking about death. But, what if, from our death, we could give another person a chance to live, or merely improve the quality of his or her life?As of September 1999, over 65,000 people wait, with their name on a list, for a life saving organ. Only a fraction of those will live long enough to receive that organ. Many people are not aware of what it actually means to be an organ donor. An organ donor is someone who has previously consented to donate his or her organs after death. Organ donations are usually taken from victims of motor vehicle accidents, gun shot wounds, strokes or major head injury. Organs that can be donated are heart, kidney, liver, lung, pancreas and intestines, also tissues such as skin, bone, and ligaments can be donated. According to the Center for Organ Recovery and Education (CORE), between 10,000 and 12,000 people die annually who are considered medically suitable for organ donations, yet, only an estimated 5,200 donate(www.core.org 11 Nov 99). One of the most common reasons for objecting to organ donation is a belief that doctors will not try to save ones life if they are aware he or she is an organ donor. The only way to completely convince someone that this would never happen is to explain the whole process of organ donation. First, and most important, if a person is dead, he or she can not be an organ donor. If someone dies outside the hospital setting or in the emergency room of a cardiac death, he would be able to donate tissues and corneas, not organs(www.core.org 11 Nov 99). Organ donations are taken from people who have been pronounced brain dead. Extensive tests are done on the donor to determine that the brain has stopped working. Lifesaving measures are taking place continuously throughout. When brain death occurs, blood is no longer flowing to the brain. The brain has ceased functioning. The victim can not breathe on his own. When a person suffers from a brain injury, the brain swells and creates pressure. Sometimes this pressure is so great it prevents blood flow to the brain, the result being brain death. After brain death is determined the potential donor is sent to intensive care. Doctors notify the family of the potential donor and obtain consent for organ donation. At this point the patien t is still, essentially alive, only being kept this way by machinery. However, his brain is no longer functioning. The doctors who are taking care of him are entirely separate from the doctors who will handle the donation procedure. .u1d160000fe099458d68300ceedff7b46 , .u1d160000fe099458d68300ceedff7b46 .postImageUrl , .u1d160000fe099458d68300ceedff7b46 .centered-text-area { min-height: 80px; position: relative; } .u1d160000fe099458d68300ceedff7b46 , .u1d160000fe099458d68300ceedff7b46:hover , .u1d160000fe099458d68300ceedff7b46:visited , .u1d160000fe099458d68300ceedff7b46:active { border:0!important; } .u1d160000fe099458d68300ceedff7b46 .clearfix:after { content: ""; display: table; clear: both; } .u1d160000fe099458d68300ceedff7b46 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u1d160000fe099458d68300ceedff7b46:active , .u1d160000fe099458d68300ceedff7b46:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u1d160000fe099458d68300ceedff7b46 .centered-text-area { width: 100%; position: relative ; } .u1d160000fe099458d68300ceedff7b46 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u1d160000fe099458d68300ceedff7b46 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u1d160000fe099458d68300ceedff7b46 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u1d160000fe099458d68300ceedff7b46:hover .ctaButton { background-color: #34495E!important; } .u1d160000fe099458d68300ceedff7b46 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u1d160000fe099458d68300ceedff7b46 .u1d160000fe099458d68300ceedff7b46-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u1d160000fe099458d68300ceedff7b46:after { content: ""; display: block; clear: both; } READ: Case Creve Couer Pizza, Inc EssayAccording to Dr. Punch, In reality, you must be more dead to be brain dead than is necessary to be declared dead. As weird as this sounds, you officially dead when a licensed physician declares you deadyou are brain dead when a complex set of conditions are satisfied that vary from state to state and hospital to hospital (www.transweb.org 07 Nov 99). When consent is given the potential donors vital information is put into a computer and matches are printed out for recipients in that area. Time is critical. Organs can only be out of the body for a certain amount of time. Once the organs are harvested from the donor, they are packed in ice and transported to the transplant location, by the quickest means possible. Again, only 10,000 to 12,000 people die each year in a way that enables them to become organ donors, one can understand the urgency of pre-consenting to organ donation. Another common objection to organ donation is ones religious beliefs. However, according to CORE, Major organized religions support donation, typically considering it a generous act(www.core.org 11 Nov 99). Many people have expressed feelings that well connected people, or wealthy people receive organs for transplant quicker than others do, for example, Mickey Mantle receiving a liver. Many people stated it was because he was famous. However, Dr. Punch states, There is absolutely no evidence that he was not the most ill person in his region of the country on the day he got his liver transplant(www.transweb.org 07 Nov 99). Organs are matched within regions. When CORE receives information of a potential donor, that persons height, weight and blood type are put into a computer. A list is then printed out of most medically in need of the organ. Sometimes, there is more than one name on that list, then the time ones name has been on the list becomes the determining factor. In essence the organ goes to the sickest patient, if there is more than one, then the one who has been on the list the longest, receives the organ. Concerns about having an open casket funeral if one chooses to donate his or her organs is also a factor in deciding to become an organ donor. Many people fear their bodies will be mutilated in the organ recovery process. CORE states, Donated organs, tissues and eyes are removed surgically, in an operation similar to gall bladder or appendix removal. Normal funeral arrangements are possible(www.core.org 11 Nov 99). Procedures have been developed to make it hard to distinguish if that person was an organ donor. In addition, one can specify which organs or tissues he or she wants to donate with prior consent to organ donation and discussion with family members. For example, if one does not want his whole eye donated, the cornea of the eye can be surgically removed and used for transplant, while the eye itself is left intact. Another common objection to organ donation is the belief that one might be too old for donation. But, organs may be donated from someone as young as newborn, and there are no age limits for organ donation. Along with this, people often believe that they may not be healthy enough to donate. At the time of brain death, complete medical history is taken from the potential donors family. Tests are performed to determine that no damage has been done to vital organs. CORE states, With the exception of AIDS, very few diseases-including diabetes-prevent someone from donating(www.core.org 11 Nov 99). Misconceptions aside, the lack of organ donors is a result of non-communication. If one wishes to be an organ donor, and has signed a donor card, often the consent of his or her family must still be given. Ones family must be aware of his or her wishes about organ donation. Jeffery Prottas states in his book, The Most Useful Gift, Willingness to donate ones own organs is relevant to actual donation, however, only if that decision is communicated to ones family(55). A study done by Prottas and Batten, in 1991, revealed 90% of respondents approve of organ donation, but, only 46% of those have discussed it with their families. And, only 53% would donate the organs of a relative who had not discussed the issue(Prottas 56) Communication is a huge factor in organ donation. Merely signing a donor card is not enough. One must discuss the issue with family members. .u15de1901cf9ad04b1adddfb71ff260b8 , .u15de1901cf9ad04b1adddfb71ff260b8 .postImageUrl , .u15de1901cf9ad04b1adddfb71ff260b8 .centered-text-area { min-height: 80px; position: relative; } .u15de1901cf9ad04b1adddfb71ff260b8 , .u15de1901cf9ad04b1adddfb71ff260b8:hover , .u15de1901cf9ad04b1adddfb71ff260b8:visited , .u15de1901cf9ad04b1adddfb71ff260b8:active { border:0!important; } .u15de1901cf9ad04b1adddfb71ff260b8 .clearfix:after { content: ""; display: table; clear: both; } .u15de1901cf9ad04b1adddfb71ff260b8 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u15de1901cf9ad04b1adddfb71ff260b8:active , .u15de1901cf9ad04b1adddfb71ff260b8:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u15de1901cf9ad04b1adddfb71ff260b8 .centered-text-area { width: 100%; position: relative ; } .u15de1901cf9ad04b1adddfb71ff260b8 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u15de1901cf9ad04b1adddfb71ff260b8 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u15de1901cf9ad04b1adddfb71ff260b8 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u15de1901cf9ad04b1adddfb71ff260b8:hover .ctaButton { background-color: #34495E!important; } .u15de1901cf9ad04b1adddfb71ff260b8 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u15de1901cf9ad04b1adddfb71ff260b8 .u15de1901cf9ad04b1adddfb71ff260b8-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u15de1901cf9ad04b1adddfb71ff260b8:after { content: ""; display: block; clear: both; } READ: Farm Subsidies - A Necessary EssayThe lists of people waiting for donated organs are not getting shorter. New names are added each day. Me must make a decision about organ donation, and make our families aware of our wishes. One organ, tissue and eye donation may help between 200 and 400 people(www.core.org 11 Nov 99). Organ and tissue donation not only saves lives; it greatly improves the quality of some peoples lives. Twelve people on that list will die today. Picture the name of a loved one on that list. Wouldnt you hope and pray, that someone, in his or her death had agreed to donate that heart or liver your loved one needed to continue to live? We may not be able to help today, or tomorrow, but someday, although it may be sad, our death could give another life. BibliographyCenter for Organ Recovery and Education Home Page. General Statistics and Questions. http://www.core.org.html 11 Nov 99. Punch, Jeffery MD. Can well-connected people like Mickey Mantle get transplants faster? http://www.transweb.org/qa 07 Nov 99. Prottas, Jeffery. The Most Useful Gift: Altruism and the Public Policy of Organ Donation and Transplants. San Francisco: Jossey-Bass Pub., 1994. Creative Writing

Music Lyrics Do Not Promote Violence free essay sample

Rap music can be considered a style of art, and a way for the artists to express feelings through their words on paper. However, there are quite a few rap artists that get criticized for their lyrics. In my essay, I want to discuss why rappers use certain lyrics in their music and why people shouldnt believe that it causes violence among the younger generations. People shouldnt censor the music Just because of violent, vulgar and abusive messages it promotes to the world.I believe in my own mind, that there is a reason for these types of lyrics hat rap artists use and I will simply explain those reasons in this essay. Rap has been called one of the most Important music forces to emerge In two decades. Its pounding beats and staccato rhymes exploded on the streets of the urban America In the early asses and since have become the theme music and lyrical heart of the vibrant youth culture called hip-hop ( SIRS 1993). We will write a custom essay sample on Music Lyrics Do Not Promote Violence or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page There are many different types of rap artist. There are some that talk about money, some talk about righteousness, and the list goes on and on. Every rap artist had their own way of expressing themselves. There are those that talk about sex, drugs, and violence who receive the negative attention( SIRS 1993). People, think this so- called gangster rap Is a bad Influence on children In the world and that It promotes violence and that It also Is abusive to women. Dolores Tucker, head of national congress of black women has been among those pressuring different record companies to stop distributing gangster rap music. There were other significant names that participated in this action.Names like Senate Majority leader Bob dole, and former education Secretary William J. Bennett(Surveys, pig. 1). There are some rap artists that have been openly criticized for their lyrics. Rappers Like Ill Kim, Too Short, Snoop Doggy Dog, and a member from Too Live Crew, named Luke Jaywalker. These rap artists In the past have been appointed for the things they say in their music. Ill Kim talks about sex in her music, Too Short talks about drugs, sex, and how much of a pimp he is, and Luke Jaywalker talks about girls and sex.The lyrics that these rap artist use in their music might not e suitable for everybody to listen to but I dont think their music should be banned or criticized because you dont have to listen to It If you dont choose to. Rap music, how much Influence does It really have on Its youthful listeners? Many, from record company executives to high school students agree that it plays a critical role in the lives of many tans, affecting the way they dance, dress and speak(Slurs 1993). Personally, I feel that rap music is a form of art.I think it takes a great deal of talent to write lyrics that rap artists write, because you have to use metaphors and similes, ND at the same time get your point across so the listeners can understand. I give rappers a great deal of credit because I know It took them a long time to get where their at today, and I know It takes a tremendous amount of time to write a song. Its also true and strongly agree with that rap artists use lyrics that reflect on their childhood and the way they grew up.That could be the reason why gangster rappers and rappers talk about sex, drugs, and violence in their music because that was what they were exposed to through out their life. Rap artists generally write about what they know because it is easier to write about things and situations that you know, and situations that involve those subjects. Not Just write about them in hopes to cause more violence in our world. Young rap fans caution it is wrong and simplistic to believe music can dictate their actions. Upbringing and circumstance steer a childs behavior, they say, not a record on a turntable or a performer posturing on stage(Newsweek, 1998).There are other reasons why gangster rappers should not be criticized for their lyrics. One reason is that I would rather hear gangster rappers talk about violence on the streets than them actually going out on the streets and participate in the violence. Another reason why rappers shouldnt be criticized is because the world was violent long before rap was invented, and it is not rap music that is making the world more violent then it is already. I strongly believe that people have the freedom of choice to listen to rap music and if you dont like what rap artists talk about, then you do not have to listen to the music.If people didnt have a choice hat would be one thing, but as long as people have a choice to do or not to do something then they shouldn t try to criticize it. To me, rap music is more than a strain. It is the reflection of horrible suffering, struggle and pain of the ghetto life. I feel that art reflects life, so I ask myself why arent the National Black leaders like Dolores Tucker, more concerned about where the source of rap music exists than the work denuding these types of harsh conditions(Slurs 1993). I think that kids know the difference between right and wrong, music and reality.They know its not right to go kill somebody and if there driven to that, thats not the fault of the music, says Jon Chester, editor of The Source, a rap magazine(SIRS 1993). If the people throughout the world that criticize gangster rap music would begin to really care then they would try to find and fix the conditions that this art of music comes from and stop criticizing the artist. In other words, the abusive language and rise of violence found in most gangster rap songs are the reality of our present day society. Americans should be tauter enough to realize that not talking about something wont cause it to go away. People talk about the violence of gangster rap music, but look at the violence we see on television everyday, on almost every channel you turn to. Violence is everywhere, you might see or hear something violent every day of your life, whether it is on television, radio or in real life. Violence has been existing for hundreds and hundreds of years, gangster rap music hasnt remotely made violence more intense or worse than it already is( Surveys, pig. 1).So is it then fair to pin point rap music and blame its lyrics on the violence happening around the world? Teen-eager, both black and Latino, say it is the driving beat that attracts them and many other young people to rap. That, and the musics honesty(Slurs 1993). Its not the guns and drugs that make them like the music. The rappers arent saying to solve a problem you must kill, they are Just stating what they know. In which, ever since they were young, that violence around them always ends in a shooting or stabbing, so is it right to blame them for singing about it when really they learned it from television?Sex in rap music shouldnt be criticized either because look at all the pornography that is in the world today. There are magazines that are being sold nearly everywhere. They have triple X rated movies that could be purchase and you could rent these kind of movies at your nearest video store(Showbiz, pig. 1). So, lyrics that talk about sex cant hardly be no worse than the movies and magazines being sold all over the world today. When used in their neighborhoods growing up, and maybe they had to sell drugs for a while to put food on their table( Newsweek 1998).I feel, people get confused about what the rap artist is trying to say to people. They are missing the whole point. Just because rap artists talk about drugs in their songs doesnt mean they are actually selling the drugs or using the drugs. These rap artists are making thousands of dollars Just by making records, why would they go out and sell drugs? That doesnt make any sense. There are plenty of artists that are positive, and speak positive aspects in their music about life, like A Tribe Called Quest, the Roots, De La Soul, and many others.So for those that think that rap music has a negative effect on children, and people in the world, there are a lot of rappers that speak unity, and things that are positive about life(Showbiz, pig). If a person could listen to some of these positive rap artists, they could learn about life. There have been plenty of times where I was in a terrible mood or I was upset about something, and I popped in a CD of a rapper, and after I was finished listening to the CD I felt much better. The words and phrases used, are words of actual life events and the positive things or outcomes of them.In inclusion, I speak in favor of gangster rap, and I dont think people should criticize these rap artists because they are speaking the truth. Situations theyve been in are shown through their lyrics and we need to try to find the source of the problem instead of criticizing the person speaking about the problem. Drugs, Sex, and Violence are what gangster rappers are considered to be glorifying, but drugs, sex, and violence was in effect long before rap music was even thought of and so we shouldnt use the type of music against the type of behavior caused by teens around the world. Word Count: 1667

Film Analysis - Gattaca essays

Film Analysis - Gattaca essays Gattaca is a film about conquering the human gene via genetic manipulation and how this technology cannot eradicate the problems of human nature. This assumes that to manipulate human genetics is justifiable and that human nature is a flaw. This film is about human nature triumphing over a society in which perfect DNA is the only measure of success. There are many examples of scientific advances in Gattaca. The main advance is genetic engineering and the ability to extract potential diseases of faults from a persons DNA, and the ability to conduct DNA testing within seconds rather than the weeks that it currently takes. Other advances include using solar power as the main energy source, electric cars and regular, frequent space travel. Science has been able to eliminate physical imperfections but even the strict and harsh environment of Gattaca cannot remove or limit human emotions and frailties. This film shows that while technology can eradicate many physical imperfections it is actually Gattaca itself which forces people to resort to flawed behavior. The first scene in which we see Gattaca we see expressionless, robotic workers, uniform in manner and dress. Although there is no dialogue here we are aware the Gattaca is a sterile and emotionless environment, no body talks to anybody else and there is no social interaction. Irenes comment, Can you please make sure that I dont lose my place is indicative of the extreme competitiveness of this society. Another example is the scene where we see the fitness training. Irene is dismissed summarily You can go back to your work now Irene when she does not perform well physically. The director's comments maybe there should be a new measuring stick and No-one exceeds their potential are symptomatic of Gattaca society - only the best is acceptable. Vincent is an example of human nature triumphing over t...

Figurative Language in Verbal Communication Literature review

Figurative Language in Verbal Communication - Literature review Example It is evidently clear from the discussion that gaining knowledge of the function of figurative language in effective communication necessitates an understanding of the interpersonal processes of everyday interaction. Individuals express themselves figuratively for purposes of civility, to escape liability for the introduction of what is conveyed, to articulate insights that are hard to communicate employing exact language, and to articulate ideas in a dense and vibrant way (Jacques 2006). Hence, figurative language is employed to articulate and induce emotions in numerous forms of conversational contexts. Politics is an excellent domain to view how figurative language may be used particularly to induce specific emotions (Jacques 2006), which may consequently affect an individual’s perception of several issues. Politicians are prominent, or controversial, for their application of figurative language to stir up emotions. Take for instance the deliberation that occurred in 1991 i n the U.S. Senate over whether the nation should intervene militarily against Iraq for its attack on Kuwait (Sadri & Flammia 2011). Figurative language was extensively exercised by the Democrats and the Republican to strengthen their arguments. For example, a Republican senator attempted to stir up the public’s emotional reaction to Hussein by portraying him in dramatic figurative expressions (Sadri & Flammia 2011: 156): Saddam Hussein is like a glutton—a geopolitical glutton. He is sitting down at a big banquet table, overflowing with goodies. And let me tell you—like every glutton, he is going to have them all. Kuwait is just the appetizer. He is gobbling it up—but it is not going to satisfy him. After a noisy belch or two, he is going to reach across the table for the next morsel. What is it going to be? Saudi Arabia? He is going to keep grabbing and gobbling. It is time to let this grisly glutton know the free lunch is over. It is time for him to pay the bill. Hence, this paper argues that figurative language can communicate understated indications of meaning in a manner that exact language cannot. Specifically, various figurative terms strongly express an individual’s figurative idea of the emotional encounter. Various empirical and linguistic scholars substantiate this assumption (Walch Publishing 2007). Moreover, according to Jacques (2006), one indication of meaning that metaphorical language may convey is the extent of emotion. In everyday life, individuals do not merely reveal emotional encounters with partners, friends, and family members, but these emotional encounters may comprise these family members and close friends in varied ways. Due to this, emotional communication is prone to be moderated by issues of face management and by standards of self-recognition of emotions (Walch Publishing 2007). A number of studies have reported findings consistent with the assumption that face management issues and social stand ards influence emotional communication.  

Business Memo on AVON Essay Example | Topics and Well Written Essays - 750 words

Business Memo on AVON - Essay Example More and more women aspired to be more than just homemakers and part time sales women and more importantly fewer women purchased products door to door. New innovative ways of selling such products are being adopted by its competitors like specialty retail chains. Selling through internet was taking off in a big way. There were no doubt many other reasons also contributed for this; product positioning and price (Avon’s products had little appeal with teens and many lower-income women found Avon’s products too expensive), poor brand image (not glamorous), inadequate research and lack of new products, but these as has been seen could be quickly addressed with appropriate results. While suggesting solutions to problems, it is being taken without questioning for the time being that the company does not want to change its core value of reaching customers predominantly through its direct representatives. Avon is the world’s largest direct seller of beauty products (Miller and associates, 107). Whether the company is deriving competitive edge through this strategy is not verifiable because of lack of data. Assuming it does, the solution to the problem will have to address the issue of how to better equip its sales representatives to deliver better. The solution in brief would see the entire marketing model is reengineered to see that the selling agents add substantial value as channel partners to the company, as well as create scope for themselves to earn much more and find self-fulfillment in their association with Avon. Such an exercise should also make it possible for the company to become flexible in deciding its channels of marketing. Players in the CFT industry operate in an oligopolistic market (Oligopoly watch 19 March 2006). No company derives advantage from one sole unique competitive advantage. They follow several strategies

Grant proposal Research Example | Topics and Well Written Essays - 1250 words

Grant - Research Proposal Example In many instances, these convicted felons are injured while in correctional facilities and due to the lack of funds due to their poor backgrounds, LITTLE Engineers aim at improving the quality of life of such students in correspondence to CCPH aims by restoring their health. The drastic positive shift of this technology influences business, society, and government. We plan to collaborate with other organizations like the Federal Bonding Program, Work Opportunity Tax Credit, and Workforce Investment Act (WIA) that look into the welfare of such students including the University of Houston Graduate College, which will further the skills of the convicted felons. METHODS: The Work Opportunity Tax Credit and Federal Bonding Program help us manage our foundation with the local Houston community center. A family oriented approach incorporated in the rehabilitation process of the convicted felons. As a result, our program has a limited number of individuals, which leaves the convicted felons feeling like a family and embrace the new technologies that build their self-esteem and restores their health. Moreover, the training curriculum incorporated in the program is healthy in terms of preventing the felons from engaging in illegal activities. We have an on-the-job-training environment for technology, information, and training for customer skills. OBJECTIVE: In Houston, the number of convicted felons is rising and is affecting the development of Houston and other major Texas cities. There are programs offered by Houston and Texas governments, but they are not able to accommodate the rising numbers of convicted felons. As a result, our program plans to reach out to 100 students and give them a chance to reach their dreams by restoring their lives and that of their other convicts. The collaborative effort of employees and staff personnel has seen the convicts benefit from the information and skills impacted and offered by LITTLE Engineers. These convicts are the future lead ers and as an organization, we have seen the need to advocate for promoting hard work, commitment, and embracing of new technology in the society. The work ethic and dedication they learn from LITTLE Engineers will help them learn and utilize the knowledge for the rest of their lives. As a result, the lives of both college students and the community will be changed forever. LITTLE Engineers Overview The rise of immoral behavior is a factor that has contributed to the rise of school dropouts in major cities and towns (Marchevsky and Theoharis ). The Federal Bonding Program, Work Opportunity Tax Credit, and Workforce Investment Act (WIA) has been able to team up with the LITTLE Engineers in overseeing the activities of community building through healthy living education workshops. LITTLE Engineers are aware of the need to familiarize students with the technological systems in the medical field and have formed partnerships with other organizations to give rehabilitation services to be able to succeed in the current work environment. Background Convicted felons in the United States have increased at an alarming rate that has brought the attention of many organizations because the health of young people is in jeopardy. It