USA Corporations Law Case Study Example | Topics and Well Written Essays - 3500 words

USA Corporations Law - Case Study Example In dealing with this case, the court will be applying the review of the Securities Litigation Uniform Standards Act of 1998 (Pillegi, 2007). The court will be more concerned on the breach of the fiduciary duty of disclosure. The court is likely to rule against the Barnes family (Marciano v. Nakash). The loan that the Ewing family made to the Ewing Corporation was valid and enforceable. The duty of disclosure requires that the directors disclose all the details that pertain to the transaction that is been carried out (Alexander, 2008). The disclosure is made to the board of directors and to the shareholders. Since the Ewing family did full disclosure of the material facts that involved the loan, including the terms of the loan and the deed of trust, it will be hard for the Barnes to prove that the fiduciary duty was breached (Pillegi, 2007). Furthermore, the shareholders approved the loan. This is despite the fact that the voting was done along family lines. It is beyond doubt that the voting of the directors and the shareholders was done in good faith. The burden of proof will be different for both parties of the dispute. The Barnes is required to prove that the Ewing directors breached the fiduciary duty in approving that loan. ... Despite this knowledge, the Ewing directors went ahead and approved the loan to the company (Greenberg & Kagan, 2009). On the other hand, the Ewing directors will be required to prove to the court that their action was based on good intentions to the company. This will be easy to prove since there is already prove that the company tried to obtain funding from external sources without any success. They will have to prove to the court that they did not try to take advantage of the financial troubles of the company to benefit themselves. The Ewing directors will also be required to prove to the courts that they were honest with their dealings with Ewing Oil Inc. this honesty will have to be proved by the fact that they did disclose the material details surrounding the transaction to the shareholders (Dunn et al, 2009). The shareholders went ahead and approved the loan, albeit along family lines. But the court will not be interested on the background of the shareholders. The important thing was that they did approve the loan. There is no proof that the shareholders were misinformed on anything or misled. The Ewing directors will also have to prove that they did not omit anything that was importance when they were doing the disclosure. The omission, if proved that it did exist, will show that the Ewing directors were acting on bad faith. The omission that they might have made was for example the one pertaining to the period within which they were supposed to foreclose on their loan. If the omission is proved to have influenced the direction that the shareholders took in voting, the Barnes family would have achieved the fete of proving that a fiduciary duty was breached. b. The

Becoming Mexican American Essay Example for Free

Becoming Mexican American Essay Becoming Mexican American: A study into the cultural developments of Mexican immigrants to the United States The purpose of this paper is to review and discuss the inviting work of George Sanchez, Becoming Mexican American: Ethnicity, Culture and Identity in Chicano Los Angeles, 1900-1945. While reviewing this work of Sanchez, the essay will make use of an article written by Grace Pena Delgado relating to the immigration issues of the United States in the early twentieth century. Delgado`s article, ‘_At Exclusion’s Southern Gate: Changing Categories of Race and Class among Chinese Froterizos_’ discusses the Chinese immigrants in northern Mexico. To provide the reader with accurate and concise information the original works of the two authors will be used extensively, as the purpose of the essay is to criticize these works. The essay will also make use of a number of internet web-sites for general information on the Mexican and American historiesof the early twentieth century. A detailed list of books and resources used in writing this paper will be provided at the end, in the form of a bibliography. In conclusion, the essay’s purpose is to provide detailed and concise criticism of George Sanchez’s book, Becoming Mexican American, while supporting the criticism with Grace Delgado’s article. Ceren Keskin 207138579 BIBLIOGRAPHY Sanchez, George. Becoming Mexican American: Ethnicity, Culture and Identity in Chicano Los Angeles, 1900-1945. Oxford University Press, 1995. Delgado, Grace Pena. â€Å"At Exclusion’s Southern Gate: Changing Categories of Race and Class among Chinese Froterizos_†__. _In the Continental Crossroads, 183-200. Duke University Press, 2004.

Living Together before Marriage Essay -- Argumentative Persuasive Coha

Living Together Before Marriage There are many advantages and disadvantages in living together before marriage. Today there are many couples living together before marriage. Sometimes these kinds of relationships 'living together before marriage' end up with success and sometimes they are unsuccessful. Some of the advantages of living together before marriage are such as getting to know your partner, learning about one's abilities if he/she can satisfy your expectations and more. Also, there are some disadvantages in living together before marriage and they are such as religious and family values, parenting problems and more. I think there are more advantages then disadvantages in living together before marriage, because sometimes disadvantages in this kind of relationship are avoidable. One of the advantages of living together before marriage is getting to know a person that you might marry with. It is important for a person to know almost everything about the other person that he/she is going to get marry with. However, it can?t be accomplish without living together for a while before getting married. People need to know how a person is handling his/her life from all aspects such as behavior, mental, financial and others before a person decides to get married with. This can not be completed in a few days, therefore, it is important to live together for a while before deciding weather to get married or now. Also, learning about a person?s abilities to satisfy yo...

African American and Ebonics Essay

What if all of America spoke in Ebonics? â€Å"What up cuz† or â€Å"Holla at me. † That would be crazy right? Sharice, Travis, Rickia, and I did a report on the evidence for the critical element of the Oakland school board proposal and the convention that temporary African American Vernacular Forms (AAV) of speaking show strong influence from West-African languages. The Oakland school board proposed to the state that the kids learning will be improved with the recognition and understanding of Ebonics. My article came from the internet, and it is titled â€Å"A Case of Ebonics. † Ebonics is a critical language, with powerful elements of a distinct language, spoken by many Americans of African descent, a language marked by a long and rich history. While most other languages are restricted to specific geographical regions, Ebonics is a way of speaking shared by a large percentage of African-Americans living everywhere in the United States. Ebonics has been branded as a poor form of Standard English. Some think of it as lazy lips and lazy thinking. Because Ebonics held on to many leftover characteristics from West African languages, there has been debate as to whether it is a language of American English or another language altogether. Ebonics has a long history that began in Africa. It started when people from many different African villages were brought to American slave markets. The slave owners often purposely mixed the slaves by tribe so that they could not communicate directly in the language of a single tribe. For them to communicate with each other, the slaves developed a pidgin language, a mixture of various African languages. Over the centuries, this early pidgin blended with aspects of â€Å"Standard English† to form â€Å"Black English† but it still has many of the features of its ancestor. That is, many of the unique forms of Ebonics can be identified as leftovers of West African languages. For example some researchers say that the word for cat in several African languages also means â€Å"man. † For this reason our expression â€Å"cool cat† is derived from Ebonics. Despite these differences, Ebonics is a language that fully serves the needs of its users. Its grammar is just as complicated as Standard English. It’s just a different grammar. The meaning of â€Å"He didn’t do nothing† is perfectly understood by all Ebonics speakers, and by standard English speakers as well. A man by the name of Ishmael Reed makes clear the use of Ebonics indicates neither a lack of education nor an inability to speak in other tongues: â€Å"You not gone make me give up Black English. When you ask me to give up Black English you askin me to give up my soul. But for reasons of commerce, transportation, and hassle less mobility in everyday life, I will talk to 411 in the language both the operator and I can understand† (Lederer 4). I agree with Reed that everyone needs to learn and master Standard English to have the best chance to succeed in America. In certain contexts, someone (like a manager) might make a judgment about the way we black people talk. If we want to become successful we must learn Standard English. I hope that the movement of correction for Ebonics movement will work against the widespread disrespect of the way most African-American youth talk. People should be less defensive about the language in which we live and move and maybe we can better position to employ both the Ebonics and the standard codes and to reap the full fruits of our American civilization. If people were less defensive about Ebonics maybe then we as people could associate Standard English with Ebonics. And with all of this we could reap the full fruits of our American civilization.

Summary of the Tyler Rational

The Tyler Rationale: this is a model of curriculum and instruction development. This model is eclectic; it draws from the social aspect of Dewey: incorporating the society, subject matter and the learner to create learning experiences. It also has behavioral aspects drawn from Thorndike and others expressed through the emphasis on changing student behavior; judging behavior helps to monitor internal growth or aspects of the mind not overtly seen. This model addresses four (4) basic questions. 1. What educational purposes should the school seek to attain?Three sources should be used for identifying objectives: The learner – these are identified through interviews, observations and tests. †¢The society – community life should be classified into categories vocation, recreation, religion etc†¦ and develop objectives for each †¢The subject matter – the subject to be taught must be examined to identify more objectives which encompass the content and skil ls which must be taught. The objectives are then screened (through the use of philosophies and psychologies of learning) and the most important ones. All objectives should be stated clearly (simple terms) and concisely. 2.What educational experiences can be provided to attain these purposes? After the selection of objectives learning experiences should be selected; which actively promote the acquisition of these objectives. Tyler defines a learning experience as â€Å"interaction between the learner and the external conditions in the environment with which he can interact† Deweyean influence). Major effectors of the learning experience †¢The interaction between the person and the environment †¢Behavioral psychology (evident in the way objectives are stated) Criteria for developing learning experiences They should allow the student to practice the behavior implied by the objective. †¢Students should obtain satisfaction from the learning experience.†¢The exp erience should be appropriate to the student’s background. Categories of learning experiences: †¢Development of thinking skills †¢Acquisition of information †¢Development of social attitudes †¢Development of student interest 3. How can these educational experiences be effectively organized? †¢Tyler suggest that learning experiences can be organized by: †¢Continuity – the recurring opportunity to learn various skills (maybe at different grade levels). Sequence – the exposure to experiences which build upon each other. †¢Integration – this encompasses skills which cross discipline/subject. 4. How can we determine whether these purposes are being attained? †¢The curriculum must be evaluated by judging the learning outcomes against the original objectives. ?The first step is to focus on changes in human behavior. oPretests must be used to determine students’ original state before learning. oTests are then adminis tered to determine whether student performance increases in the designated areas. oAll evaluation procedures must relate to the original object.They must be reliable – or actually measure what they are expected to measure (curriculum standards). The Tyler effect has several criticisms. One concerning criticism identified by kliebard was that evaluation was tied so closely to the original objectives; it makes it impossible to identify unexpected outcomes. It narrows the focus of evaluation to only the achievement of the objectives. Therefore the significance of philosophy and other critical factors which are integrated have no way to be evaluated; and to ultimately determine the efficacy of their implementation. One question left to bear:What is the real difference between learning activities and learning experiences? In the revision Tyler collaborated with Leyton Soto and distinguishes learning experiences and learning activities. Learning experiences consist of behaviors tha t are written into objectives; while learning activities are behaviors in which the learner engages to achieve particular objectives. In this case shouldn’t the main concern be the objective and both the activity and experience tools to achieving it? Which comes first? Aren’t the learning activities the display of the same behavior expected in the objectives?

Opinions on Corporate Social Responsibility

Opinions on Corporate Social Responsibility Introduction Corporate social responsibility is an essential aspect in the business world. It is an obligation for a business organization to pursue long term goals that are good for the society. It can also be termed as the continuing commitment by business firms to behave in an ethical manner and contribute to economic development while at the same time enhancing the quality of life of the employees and their families.Advertising We will write a custom essay sample on Opinions on Corporate Social Responsibility specifically for you for only $16.05 $11/page Learn More The business firm should also enhance the lives of the local community and the entire society around which it operates (Kotler, 2005). This piece of work looks at an individual, Karl Mark, evaluating him with respect to corporate social responsibility and its effects on his career. Discussion Abiding by corporate social responsibility practices is not only beneficial to a business organization but also to individuals who participate in it. An individual’s perception and view about the idea of corporate social responsibility influences ones life greatly in terms of career progression and the behavior of the general public towards the individual. This therefore dictates that it is advisable to support the idea of corporate social responsibility for the sake of one’s prosperity as well as that of the society at large despite the cost that could be involved. Karl Marx was an active economic activist and socialist who was involved with many activities during his lifetime. It is evident that Karl Marx would totally support the idea of corporate social responsibility. This is because of his nature and how he perceived life in general. He cared more about the communities and would therefore support any effort aimed at supporting the society in any way. He was against capitalism and supported collective gain among the society members (Marx, not dated). In his career , Karl Mark was able to succeed due to the support he gave to the society in regard to advocating for developmental projects aimed at helping members of the society in an effort to uplift their living standards. Karl Mark’s economic and socialist work gained considerable support from people due to the fact that the benefits associated with the activities were clear (Marx, Easton and Guddat, 1997).Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Business organizations should operate bearing in mind that the society is a crucial element that contributes towards their success. Without the support of the people who surround a business organization, it is difficult for it to succeed in its undertakings. This is because it requires a symbiotic relationship to be established between a business enterprise and the society around it. This is so as both need each other for success. A business organization may need the society as buyers as well suppliers. They could also be a source of workforce in various positions for example marketers bearing in mind that they are in a better position to reach as many clients as possible. The business should therefore go an extra mile in providing services to the society as a way of fulfilling corporate social responsibility. This could be through undertaking of some developmental projects that aim at enhancing the lives of the people. Throughout his entire life, Karl Marx attempted to gain a deeper understanding of the society and its nature in an effort to ensure that their rights are fulfilled. He for example supported aspects like education and enlightenment of the people so that they would be in a position to fight for their rights and social justice. Provision of educative programs by business enterprises to the community is a form of corporate social responsibility and plays a great role in ensuring that members of the society are well equipped with some knowledge and skills which in turn allows them to live a better and sustainable life for instance through securing employment opportunities (Eastman, 1959). There are various benefits associated with corporate social responsibility. For example, it avoids excessive regulation, it is ethical and improves an individual’s and firm’s public image, enhances the social environment and more so, some socially responsible actions are profitable. It is also a good way of correcting social problems that might have been caused by various activities. In cases of a business, it provides a competitive advantage, attracts and retains employees through motivation and attracts investors. It therefore follows that business enterprises should always foster corporate social responsibility.Advertising We will write a custom essay sample on Opinions on Corporate Social Responsibility specifically for you for only $16.05 $11/page Learn Mor e Although Karl Mark received a lot of objections from the authorities such as the governments, he tried his best to enhance the lives of the society and for this reason his name and work will live to be remembered over the years. This is more so because of his contribution towards the understanding of society (Foot, 2004). Conclusion From the above discussion, it is evident that corporate social responsibility is critical to economic development due to the fact that it empowers societies. Abiding by corporate social responsibility practices is not only beneficial to a business organization but also to individuals who participate in it. An individual’s perception and view about the idea of corporate social responsibility influences his or her career and how the general public reacts towards him or her. Reference List Eastman, M. (1959). Capital, the Communist Manifesto and Other Writings. New York: Modern Library. Foot, P. (2004). Karl Marx: the Best Hated Man, Social ist review. Web. Kotler, P. (2005). Corporate Social Responsibility: Doing the Most Good for Your Company and Your Cause. New Jersey: John Wiley and Sons. Marx, K. (n d). Economic and Philosophical Manuscripts of 1844. Web.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Marx K, Easton, D.L and Guddat H.K. (1997). Writings of the Young Marx on Philosophy and Society. New York: Hackett Publishing.

United Arab Emirates History and Independence

United Arab Emirates History and Independence Before its re-creation as the United Arab Emirates in 1971, the UAE was known as the Trucial States, a collection of sheikhdoms extending from the Straits of Hormuz to the west along the Persian Gulf. It wasn’t a country so much as an expanse of loosely defined sheikhdoms spreading over some 32,000 square miles (83,000 sq. km), about the size of the state of Maine. Before the Emirates For centuries the region was mired in rivalries between local emirs on land while pirates scoured the seas and used the states’ shores as their refuge. Britain began attacking pirates to protect its trade with India. That led to British ties with the Trucial States’ emirs. The ties were formalized in 1820 as Britain offered protection in exchange for exclusivity: the emirs, accepting a truce brokered by Britain, pledged not to cede any land to ​any powers or make any treaties with anyone except Britain. They also agreed to settle subsequent disputes through British authorities. The subservient relationship was to last a century and a half, until 1971.​​​ Britain Gives Up By then, Britain’s imperial overreach was exhausted politically and bankrupt financially. Britain decided in 1971 to abandon Bahrain, Qatar, and the Trucial States, by then made up of seven emirates. Britain’s original aim was to combine all nine entities into a united federation. Bahrain and Qatar balked, preferring independence on their own. With one exception, the Emirates agreed to the joint venture, risky as it seemed: the Arab world had, until then, never known a successful federation of disparate pieces, let alone bicker-prone emirs with egos enough to enrich the sandy landscape. Independence: December 2, 1971 The six emirates that agreed to join in the federation were Abu Dhabi, Dubai, Ajman, Al Fujayrah, Sharjah, and Quwayn. On Dec. 2, 1971, the six emirates declared their independence from Britain and called themselves the United Arab Emirates. (Ras al Khaymah initially opted out, but eventually joined the federation in February 1972). Sheikh Zaid ben Sultan, Emir of Abu Dhabi, the richest of the seven emirates, was the union’s first president, followed by Sheikh Rashid ben Saeed of Dubai, the second-richest emirate. Abu Dhabi and Dubai have oil reserves. The remaining emirates do not. The union signed a treaty of friendship with Britain and declared itself part of the Arab Nation. It was by no means democratic, and rivalries among the Emirates didn’t cease. The union was ruled by a 15-member council, subsequently reduced to seven- one seat for each of the unelected emirs. Half the 40-seat legislative Federal National Council is appointed by the seven emirs; 20 members are elected to 2-year terms by 6,689 Emiratis, including 1,189 women, who are all appointed by seven emirs. There are no free elections or political parties in the Emirates. Iran’s Power Play Two days before the emirates declared their independence, Iranian troops landed on Abu Musa Island in the Persian Gulf and the two Tunb islands that dominate the Straits of Hormuz at the entrance to the Persian Gulf. Those islands belonged to Rais el Khaima Emirate. The Shah of Iran contended that Britain had wrongfully granted the islands to the Emirates 150 years before. He was retaking them, he alleged, to look after oil tankers traveling through the Straits. The Shah’s reasoning was more expedience than logic: the emirates had no way to endanger oil shipments, though Iran very much did. Britain's Enduring Complicity in Complications The Iranian troop landing, however, was arranged with Sheikh Khaled al Kassemu of the Sharja Emirate in exchange for $3.6 million over nine years and Iran’s pledge that if oil were discovered on the Island, Iran and Sharja would split the proceeds. The arrangement cost Sharjas ruler his life: Shaikh Khalid ibn Muhammad was gunned down in a coup attempt. Britain itself was complicit in the occupation as it explicitly agreed to let Iranian troops take over the Island one day before independence. By timing the occupation on Britain’s watch, Britain was hoping to relieve the emirates of the burden of an international crisis. But the dispute over the islands hung over relations between Iran and the Emirates for decades. Iran still controls the islands.