Tuesday, December 24, 2019
A Lawsuit Over Plagiarism in H. Bruce Millers Life is Not...
In ââ¬Å"Life is Not Measured by Grade-Point Averagesâ⬠by H. Bruce Miller, Miller announces that a young lady named Gabrielle Napolitano was suing the University for accusing her of plagiarism in her paper. Napolitano hired a lawyer and built the case stating that the so called ââ¬Å"plagiarismâ⬠was just a, quote ââ¬Å"technical errorâ⬠(Miller, par.2). Miller announces this problem but doesnââ¬â¢t get his true argument out until the last few paragraphs of his paper, stating that students need to stop worrying about their grades or grade-point averages and need to start enjoying the process of learning, to embrace the knowledge and use it without the fear of lack of money in the back of their minds. Miller uses strong terminology throughout his paper andâ⬠¦show more contentâ⬠¦Miller does not take in account that Napolitano might have been suing for what was right, suing the University because she was having her life delayed for a mistake. Miller doesnââ¬â¢t include Napolitanoââ¬â¢s side of the story but he also does not relate to his audiences beliefs and includes fallacies in his writing. Throughout the paper there was no emotional statements or statements showing understanding for the students of the Nation, Miller automatically assumes that everyone is just worried about grades and not actually there to learn for the fun and joy of it. There are several occasions where Miller uses the faulty causality fallacy, for example; Miller states ââ¬Å"Students get a lower grade in a course than they think they deserve; they sue. Students graduate and fail to get a job, or as good a job as they expected; they sueâ⬠(Miller, par.3). At this point he is using the faulty causality fallacy by making that the assumption that negative outcomes would automatically lead to suing, for example ââ¬Å"Jacob got a bad grade on his school work so he sued the schoolâ⬠. Even though Miller makes assumptions in his writing, he does keep the readerââ¬â¢s attention with a face-paced tone and long sentences with similes. For example, when Miller says ââ¬Å"The notion that the principal, or only, purpose of going to college is to win a ticket of admission to the great upper middleShow MoreRelatedFundamentals of Hrm263904 Words à |à 1056 Pagesavailable 24/7 Instructors personalize and manage their course more effectively with assessment, assignments, grade tracking, and more manage time better study smarter save money From multiple study paths, to self-assessment, to a wealth of interactive visual and audio resources, WileyPLUS gives you everything you need to personalize the teaching and learning experience. à » F i n d o u t h ow t o M A K E I T YO U R S à » www.wileyplus.com ALL THE HELP, RESOURCES, AND PERSONAL SUPPORT YOU ANDRead MoreLibrary Management204752 Words à |à 820 Pages9. Highland Park Public Library Strategic Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . Figure 6.1. Ten Reasons for Marketing Library and Information Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Figure 7.1. The Life Cycle of Organizations. . . . . . . . . . . . . Figure 7.2. Organization Chart Showing Authority Lines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Figure 7.3. Line and Staff Organizational Units . . . . . . . . . Figure 7.4. Organization
Monday, December 16, 2019
Environmental Studies Essays â⬠Global Warming Free Essays
string(104) " the cost of electricity generated by the air current down by 82 per centum since 1981 \( Overview \) \." Cautions: Global Heating! The air quality of our ambiance has been in drastic alterations in the past century. Industrial revolution has cause major injury to our environment. Pollution, dumping toxic wastes into our ocean, and let go ofing harmful gases and sprays into the ambiance. We will write a custom essay sample on Environmental Studies Essays ââ¬â Global Warming or any similar topic only for you Order Now These are some of the cause of planetary warming so unsafe in the universe ââ¬Ës environment. We should take more action towards planetary heating before it ââ¬Ës excessively late. What is Global warming? Global warming refers to an mean addition in the Earth ââ¬Ës temperature, which in bend causes alterations in clime ( Global ) . Population growing, deforestation, and pollution have increased by a big border from 20, 40, or even a hundred old ages ago. Since the Industrial Revolution, machines have changed the manner life we lived. Before the Industrial Revolution, human activity released really few gases into the ambiance, but now through population growing, fossil fuel combustion, and deforestation, we are impacting the mixture of gases in the ambiance ( Global ) . It is imperative that we, the people, take action on our deceasing environment, for the hereafter of our childs and coevalss to come. Unless stairss are taken to halt this patterned advance of events, and even in malice of such stairss, the huge bulk of the grounds shows that the Earth will go on to turn heater, with widespread and even ruinous consequences. How did we happen out what was the cause of planetary heating? After making some research, I learned that planetary heating is created by the nursery consequence: The nursery consequence is the rise in temperature that the Earth experiences because certain gases in the ambiance ( H2O vapour, C dioxide, azotic oxide, and methane, for illustration ) trap energy from the Sun. Without these gases, heat would get away back into infinite and Earth ââ¬Ës mean temperature would be about 60 F colder. Because of how they warm our universe, these gases are referred to as nursery gases ( Global ) . Make you cognize what a nursery is? Have you of all time seen houses with a little glass house in the backyard merely for workss? Well these glass houses besides known as a nursery. They are meant for workss to last through the winter clip by pin downing heat within the house. Since, Earth ââ¬Ës ambiance is really much like the nursery theoretical account, energy from the Sun passes through our ambiance where energy is absorbed by the air, H2O, and workss. Once absorbed, the energy so releases itself back into the ambiance and so releases into infinite. Without the nursery consequence, our clime could be black because the ambiance regulates our clime. It could raise or take down the temperatures, misbalancing nature. Even though the nursery consequence is good for the environment, it could besides be bad. Since the ambiance is filled with pollution, the energy re-releasing back into infinite sometimes gets trapped by the ambiance and warms up the Earth ââ¬Ës clime. Pollution is one of the largest jobs in today ââ¬Ës environment. By breathing harmful gases such as C dioxide which are chiefly released from autos and power workss, harmful gases will construct up into the ambiance. The harmful effects of gas build up in the ambiance and can increase the temperature of the Earth which could jeopardize workss, cause wild conditions forms, or alter land formations ( Global ) . There are many ways to increase the effects of planetary heating such as taint, wastes, or deforestation. One of the largest manufacturers of pollution is power workss. Harmonizing to the Environmental Protection Agency ( EPA ) , turning on the telecasting, utilizing the washer/dryer, or even turning on a visible radiation can assist take to more nursery gases since they use electricity which originate from power workss. The exhausts of power workss are created from the combustion of dodo fuels which are released into the ambiance. What is fossil fuel? Harmonizing to the Greenhouse Effect article, fossil fuel originated from workss. Plants take C dioxide from the air. When the works dies, the remains are buried in the dirt. After 1000s and 1000s of old ages, the C dioxide is transformed into a coal or oil which is fossil fuel. The General Accounting Office survey forecasts a 42 per centum rush in electricity production over the following two decennaries that will hike U.S. power workss ââ¬Ë C dioxide emanations by 35 per centum and quicksilver emanations by 9 per centum ( Eaton ) . Si nce the population of the universe is turning each twenty-four hours ; people are traveling to utilize more power which would make more fossil fuels being burned up and more power workss being built to suit the rate of the population. Even though there are no innovations to do fossil fuel exhausts to be more friendl to the environment, there are other options to cut back on firing fossil fuels. By conserving power, we can cut back on electricity which could assist by firing less fossil fuel. Part of the job could be solved by change overing these workss to fire cleaner natural gas ( Overview ) . There are other options to bring forth energy that do nââ¬â¢t come from power workss such as solar and weave energy. Solar energy is known to utilize solar panels to garner energy from a heat beginning such as the Sun. This energy is gathered and stored in a level panel where it is stored until the energy is consumed. Unlike Solar energy, there is another manner to garner energy from our environment. Wind-power energy gathers energy from the air current. Have you of all time driven in the main road and seen these big white fans on the top of a hill? Well, those fans are wind conservers. They act the same as solar but by the air current. The sum of energy additions depending on the velocity of the air current. In other words, the faster it goes, the more energy is gathered. Technological progresss have brought the cost of electricity generated by the air current down by 82 per centum since 1981 ( Overview ) . You read "Environmental Studies Essays ââ¬â Global Warming" in category "Essay examples" Today, the mean individual normally drives himself/herself to work, go, traveling or dropping person away at school, yet do they cognize how much injury it can do merely to make an errand? With 1000000s of autos goaded each twenty-four hours, many harmful toxins are released from the autos exhaust. The sum of gases released can do harmful effects to the environment and to wellness. Like power workss, autos are merely little versions of power workss, but with so many of them being driven, it could be worse than power workss. The exhausts of these autos can take to take a breathing jobs chiefly for older people since their lungs are normally weaker. Organophosphate insect powders, such as diazinon, disulfoton, azinphos-methyl, and fonofos, are used widely in agribusiness and in family applications as pesticides. Over 25,000 trade names of pesticides are available in the United States, and their usage is monitored by the Environmental Protection Agency ( EPA ) . The release of the pesticide can do kids or people, if inhaled, to do malfunctions in their immune system because it mutants their cells. To assist the environment, engineering can be really helpful in diminishing the nursery consequence that is blighting our environment. While there is no engineering to take C02 from a auto ââ¬Ës fumes, we can do them foul less by doing them more fuel efficient ( Overview ) . Making autos that are fuel efficient can cut back on fuels being used by autos. Hybrid autos ( Gas/Electric Cars ) are being created that Lashkar-e-Taiba you go over 800 stat mis before a fill up for fuel. Newer engineering is leting autos to run further by utilizing less gas by switching the engine between electricity and gas. If we are to do any advancement in decelerating planetary heating, we must do our autos go further on a gallon of gas ( Overview ) . Wastes are another big job in our environment and a helper of planetary heating. Sometimes anti-environmental groups shit wastes into lakes and oceans where they could pollute an country and misbalance the ecosystem. This can do a job because wastes could let go of risky stuffs that could be radioactive or really harmful that can do people to be ill. Yet, do the people know what the consequence of this waste can do make to the environment? As a Norman Myers said, if we do nââ¬â¢t watch what we do with our resources and what we do to our environment, our resources will shortly be depleted which will do a immense struggle throughout the universe. Make you cognize where your rubbish is being dumped everyday? If you say in a landfill, you are right. A landfill is where your rubbish is processed and compacted and stored. Yet what does the construct up of landfill have to make with planetary heating? The rubbish that we send to landfills produces a nursery gas called methane. It is a merchandise of decomposition of organic affair and of the carbonisation of coal. Methane is one of the nursery gas chemical compounds. Methane is besides produced by the animate beings we raise for dairy and meat merchandises and when we take coal out of the land ( Global ) . Like power workss and autos, rubbish can be really risky in the physique up of the nursery consequence. Since rubbish and wastes are acquiring overcrowded in landfills it could take to problem in the close hereafter. Runing out of room to hive away our wastes, there are ways of shortening the burden of rubbish by recycling. Recycling is the procedure of recycling waste to do new stuff. Even though the public thinks recycling is good, it can besides be bad. The usage of sewerage sludge as a fertiliser poses a more important lead menace to the land than did the usage of leaded gasolene. All sewerage sludges contain elevated concentrations of lead due to the nature of the intervention procedureâ⬠¦ Lead is a extremely toxic and cumulative ( Stauber 108 ) . Recycling wastes to make fertiliser on workss can harm husbandmans and ruin agribusiness. The stuff in these wastes is really harmful because it could be contaminated with unnatural substances. Land spreading of sewerage sludge is non a true ââ¬Ëdisposal ââ¬Ë method, but instead serves merely to reassign the pollutants in the sludge from the intervention works to the dirt, air and land H2O of the disposal site ( Stauber 109 ) . Destroying nature can besides shorten the life span of the Earth. Deforestation, the procedure of cutting down trees could upset the ecosystem or the environment. Harmonizing to the EPA, The projected 2C ( 3.6F ) heating could switch the ideal scope for many North American wood species by about 300 kilometers ( 200 myocardial infarction. ) to the North ( EPA ) . Since trees remove C dioxide from the air, cutting down the trees would merely ensue in clime alterations. If the clime alterations easy plenty, warmer temperatures may enable the trees to colonise north into countries that are presently excessively cold, at about the same rate as southern countries became excessively hot and dry for the species to last ( EPA ) . Due to deforestation and planetary heating, the displacement of clime alteration dries up the dirt which would be impossible to turn anything. This is how comeuppances are created. The per centum of the universe ââ¬Ës workss threatened with extinction is much larg er than normally believed, and could be every bit high as 47 per centum if tropical species are included, research workers said ( Study ) . How can we assist halt the people who are cutting down the trees? By making the antonym, seting trees would assist the environment since it removes C dioxide, a nursery gas. At the rate of seting one tree is about the same rate of 1000s of trees being cut down. Regulating tree cutting companies would decelerate down the procedure of deforestation but it is still a job because wood is really high in demand for lodging and building. How is nature keeping up against planetary heating? The effects of planetary heating have destroyed 1000s of places by inundations, created new diseases, and have left 100s homeless to the violent disorder of awkward conditions forms. Global warming effects do non merely alter the temperatures ; they can take to the alteration of conditions forms and the rise of sea degrees. Lay waste toing floodsjust some of 526 important natural catastrophes in the first nine months of the yearripped through parts of Europe, China, India, Nepal, and Bangladesh this twelvemonth, killing 1000s of people and go forthing 1000000s more homeless. Even though some states might acquire positive effects such as helping against drouths, other states would acquire effects from planetary heating ( UN ) . The alteration of conditions forms can be really black to nature and the sea since it alters the ecosystem. By altering the ecosystem, animate beings and flora are pushed out of their home ground and into a different location. Wild life is nââ¬â¢t able to accommodate to the new environment easy because they would nââ¬â¢t cognize where to garner nutrient or struggles with other species. Weather forms can make tsunamis ( big tidal moving ridges ) which would crash into coastal parts making erodings. Sea degrees are lifting due to the rise of temperature due to planetary heating. Sea degree may lift between several inches and every bit much as 3 pess during the following century ( EPA ) . Due to the thaw of glaciers, H2O is lifting from the ocean which is saltwater and it can distribute or deluge inland endangering workss and animate beings. If we do non assist the environment now, our planet wo nââ¬â¢t be in the close hereafter. It is of import that the people understand that harming the planet to a grade can do the extinction of the Earth. Rise of temperature, alteration in conditions forms, toxic wastes skulking in our air, we are vulnerable. If we want to last on this planet in the hereafter, we must move now before it is excessively late. Stairss need to be taken to cut back and decelerate down planetary heating until newer engineering can change and to assist the length of service of our universe. How to cite Environmental Studies Essays ââ¬â Global Warming, Essay examples
Sunday, December 8, 2019
Business LawS of ET Services Pty Limited â⬠MyAssignmenthelp.com
Questions: 1.Why was it necessary to determine when Mr. Lee was removed as a director of both companies? 2.What was the relevance of the statutory assumptions to the validity of the administrators appointment by Mr Lee? 3.Do you agree with the ultimate determinations of the Court on the issues arising in this case? What must your clients be aware of as a result of this decision? Answers: Briefly describe the essential facts of this case The case is related to the provisions of The Corporation Act 2001 (Cth)[1]. In this case there are four defendants namely S.E.T. Services Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) (SET), Sydney Project Group Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) (SPG), Mr Salim Mehajer and Ms Khadijeh Mehajer. The plaintiffs in this case are Mr. Christian Peter Sprowles and Mr. Michael Andrew Hogan[2]. The plaintiffs in this case had been appointed the Administrators of both the defendant companies by their only director Mr Kenneth Wen Hsi Lee. The defendants had made a claim that the Mr. Lee had been removed from his post as a director through passing of a special resolution as stated in section 249B of the CA on the morning of the same day when the plaintiffs had been appointed as the administrators. The plaintiffs had been appointed as administrators through the due process as has been provided through section 436A of the CA.Therefore the re was an emergence of possibilities which could suggest that the appointment of the plaintiffs as the administrator may not have been done in a valid way. Thus the plaintiff commenced proceedings in as quickly as possible seeking substantive relief for themselves. The plaintiff pleaded for an under in relation to section 447C of the CA a declaration which would ensure that the plaintiffs had been appointed in a valid way as the administrators of both the company. The plaintiffs also demanded an order under section 1322(4) and/or 447A of the CA which would validate their appointment as the administrators of both the company. In addition the plaintiffs asked for the cost incurred by them in relation to this application be deemed as the cost incurred by the defendant company in the capacity of them being the administrators and also cost against the other defendants of this case. An interlocutory injunction had been granted by the court which restricted the plaintiffs from exercising their powers as the administrators of the two defendant companies until 29th June. The order was than extended on 29th June till the final judgment had been made by the court. The defendants were sole shareholders of the company[3]. Mr Lee had received statutory deman d by the creditors of both the companies and asked the defendant to appoint administrator. Mr. Lee thought the company had become insolvent or was likely to become insolvent and thus opted for the appointment of administrators. ASIC search in relation to the directors of the company had been made by the plaintiff prior to being appointed as administrator[4]. 1. It was important to determine whether Mr. Lee had been removed as a director or not in order to establish the fact that whether the plaintiffs had been appointed as the administrators of the company in a valid manner. If it was found by the court that the removal of the director had been made after the plaintiff had been appointed than the appointment would be held as a valid appointment[5]. This is because if the director would have been removed after the appointment of the administrators the appointment would have been done in proper capacity and would have been valid. To the contrary if the appointment of the administrators would have been done after the removal of Mr. Lee as a director the appointment would not have been valid as it would have been outside the scope of authority of Mr. Lee to take a decision in relation to the defendant companies. Thus it was a fundamental issue in this case to decide whether Mr. Lee had been removed as the director of the defendants company b efore appointing the plaintiffs as their administrators. The authenticity of the date and time when the director had been removed by the defendants had to be brought out by the defendants as provided by the court although the burden of proof in retain to Mr. Lees removal as a director after appointment was on the plaintiffs. The CA acts provides that along with a special resolution the required forms also have to be lodged by the ASIC for the purpose of removing a director of the company. The belief of the defendants that as soon as the minutes were signed they became effective was rejected by the court stating that the evidence provided by defendant purported that during the course of dealing it was believed that Mr. Lee was still the director of the company. The court therefore concluded that the plaintiff should be given a declaration under section 447C of the CA that they had been appointed validly as the administrator of the company as the court was not able to come to the conclusion that Mr. Lee had not been removed as the director o f the company before the appointment of the plaintiffs as administrators had been made by him[6]. 2. The second basis upon which the plaintiff had been found to be entitled to the declaration under section 447C of the CA was in relating to statutory assumption[7]. According to section 128 (1) of the CA an assumption with respect to section 129 of thee CA can be made by a person in relation to transactions with the company. Any assumption which has been made cannot be asserted by the company to be incorrect in court proceedings. According to section 129 (2) of the CA an assumption can be made by person in relation to anyone who purports with respect to the information which is available to the public from the ASIC provided by the company to be a director or secretory of the company has been appointed duly by the company. In addition such director has the power to carry on the dealings which director would be entitled to do in relation to a similar company. As per these assumptions provided by the CA when a person is dealing with a company and relied upon the information which had been provided to them by the ASIC in relation to the directors of the company, it an been provided that the transaction is valid if such dealing is within the power of the directors in a similar situation or company. Thus as in this case the plaintiffs had relied on the information provided by the ASIC with respect to Mr. Lee being the director of the defendant companies the defendants cannot provide in court that the assumption made by the plaintiff in relation to Mr. Lee being the director of the companies is not correct. In the case of Correa v Whittingham[8] it had been ruled by the court that a person who has been made the administrator of a company can be regarded as persons in relation to section 128 and 129 of the CA and have the right to rely upon the assumptions provided in the sections. In the previous trial of this case Correa v Whittingham[9] it was held by the court that assumptions under section 129 were available to the administrators. In the case of Ross v GNC Homes Pty Ltd[10] a similar conclusion had been reached by the court. Thus in the case one of the main issue was that if the assumptions were available to the administrators under the CA they had the right of claiming a declaration under section 447C. 3.The issues which had arose in this case are as follows: The first issue was whether the resolution made by the defendants in relation to section 249B of the CA to remove Mr. Lee as the director was made before the appointment of the plaintiffs as the administrator of the company or after the appointment[11]. Whether the statutory assumptions as provided in section 128 and 29 of the CA were enough to ensure that the plaintiff had been appointed administrators in a valid manner and the defendant cannot provide such assumptions to be incorrect[12]. The final issue which had to be determined by the court the court was that whether the section 447A or 1322 of the CA had to be used to validate the appointments of the plaintiffs as the administrator of the company if their appointment had been invalid[13]. In relation to the first issue the court had provided that Mr. Lee had not been removed as the director of the company before the appointment of the plaintiffs as the administrators. The decision of the court was based on the fact that the defendants were not able to prove that the date and time the minutes had been signed were the same when the director had been removed. In addition the defendants had to launch specific forms with the ASIC for the removal process to be completed which they did not. The evidence of the defendants moreover made the court establish the fact that they did not consider Mr. Lee be removed as the director as soon as the minutes has been signed. Thus in this case it can been provided that the decision which have been made by the court in relation to the first issue of the case is appropriate, correct and just[14]. In relation to the second issue it had been provided by the court that the plaintiffs had the right to make assumption under section 128 and 129 and the defendant did not had the right to provide hold such assumption made by the plaintiff to be incorrect. The court based its decision on the wordings of the sections and on the fact that the plaintiffs had acquired information from the ASIC commission prior to being appointed as the administrators of the defendant company which was assumed to be insolvent by its sole director. The court also based its decision on the cases of Correa v Whittingham and Ross v GNC Homes Pty Ltd which were in relation to statutory assumptions as provided by the CA as well as the appointment of administrators. An attempt was made by the defendants to distinguish between the precedent and the present case that the submission which had been provided by the defendants in this case were not present in the precedents. However such attempt was rejected by the cou rt further citing Sliteris v Ljubic[15] in relation to statutory assumptions[16]. Thus the decision provided by the court in relation to the second issue was also correct. The court did not have to decide the third issue as the first and second issue already established that the appointment of the plaintiffs as administrators was valid[17]. The case signifies the importance of keeping records in a good way and lodging notifications to the ASIC in a timely manner with respect to removing directors from their post. The case also provides that clear indication has to be provided to the directors that they have been removed from their post. The company would be bound to the actions of the directors who had been removed from their post if they have not been provided information about their removal, the records of the ASIC support their appointment and the company holds them to be the directors after removal. Bibliography ASIC v Vines [2005] NSWSC 738 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Commercial Union Assurance Company of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Corporation Act 2001 (Cth) Correa v Whittingham (No 3) [2012] NSWSC 526 Correa v Whittingham [2013] NSWCA 263; (2013) 278 FLR 310 Jones v Dunkel (1959) 101 CLR 298 Moukhayber v Camden Timber Hardware Co Pty Ltd [2002] NSWCA 58 Ross v GNC Homes Pty Ltd [2015] SASC 168 Sliteris v Ljubic [2014] NSWSC 1632 Sydney Project Group Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) and S.E.T. Services Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) [ 2017] NSWSC 881 Watson v Foxman (2000) 49 NSWLR 315
Subscribe to:
Posts (Atom)