Wednesday, August 26, 2020

Again, Why Contests

Once more, Why Contests Challenges are the dark horse in the distributing business, yet everybody needs to have won an honor. So why arent challenges a customary in a journalists special arrangement? The dread of rivalry? The idea of paying a section charge? Im not certain, yet essayists need to pause for a minute to think about participate in challenges. You dont need to hold up until you have a book to compete for an honor. The advantages of participate in challenges: 1) You figure out how to be considered. Dismissal is an important insidiousness in an essayists world. Toughen up being dismissed in a challenge as opposed to 2) You build up a measure for your ability. Very regularly journalists wonder if theyve developed to the point of being deserving of distribution. The individuals who dont wonder are unquestionably not. A decent proportion of your capacities originates from participate in challenges. At the point when you begin putting, you understand you may be taking care of business. 3) You figure out how to compose for an appointed authorities eye. Composing for perusers can regularly weaken the criticalness to compose well. Envisioning an adjudicator dismembering your work may raise your mindfulness. 4) Placing or winning opens entryways. Other than the undeniable of having the option to guarantee you are an honor winning essayist, you and your name show up on a few radars of specialists, distributers, even advertisers. You may win a distribution contract, cash, advancement on the web. Notwithstanding, you ascend that stepping stool higher than if you hadnt entered. 5) You may locate a home for your verse or writing. The market is thin for shorter works and verse. Challenges, in any case, are one of only a handful not many chances to make you famous, get distributed, even gain a money related prize. Verse and shorts challenges have large amounts of the spring and fall. Use them The apparent downsides of participate in challenges: 1) Entry charges. To be perfectly honest, I see nothing amiss with passage charges. Challenges cost cash to work. Certainly, on the off chance that you submit to ten every month at 15 dollars each, the expense can include, yet you could without much of a stretch addition one per month into your composing plan. 2) Tying up work. At the point when you submit to a challenge, the support anticipates that the piece should be unique and unpublished, and dont need to contend with another person in the event that they pick your work. Be that as it may, you are productive. You can continue pitching to distributers or independently publish and battle for consideration in the midst of the opposition, or you can submit to a challenge and let it sit for a couple of months. You are an author. You have far more pieces in your mind, so think of them. 3) Scams. Apologies, another powerless reason in my book. There are more shifty specialists and room little distributers than challenges. What's more, its simpler to look and decide the gauge of a challenge than those operators and distributers. I summarize challenges in single word: opportunity. You can grasp it or let it slide on

Saturday, August 22, 2020

Capital Punishment In America (History) Essay Example For Students

The death penalty In America (History) Essay CAPITAL PUNISHMENTCapital discipline has been as a result since the 1600s. Nonetheless, in 1972 the U.S. Incomparable Court decided that capital punishment was savage and irregular discipline, which was unlawful as per the eighth amendment. It was general sentiment that the present strategies for execution, hanging, electric shock, and confronting a terminating crew, were excessively moderate and agonizing upon the individual to be executed. The U.S. Preeminent Court turned around this choice when a superior method to achieve demise was found in 1976. This better way is demise by deadly infusion, which is snappy and easy whenever controlled right. Since the death penalty has been reinstituted the issue has been a significant conversation in the media and among the American open. Some state capital punishment is the thing that the criminal merits while others article to it since death is irreversible. In a preliminary the condemning appointed authority or jury are requested by the Supreme Court to search for explicit irritating and alleviating factors in choosing which indicted killers ought to be condemned to death. A portion of these moderating elements are the litigants inspiration, character, individual history, and above all regret. Whenever applied right capital punishment is an authentic type of equity. Consistently roughly 250 new wrongdoers are added to death row. In 1994 there were 2,850 people anticipating execution. However close to thirty-eight individuals have been executed a year since 1976. This is an incredibly low number contrasted with 199 people executed in 1935. The purpose behind this moderate execution rate is the procedure of bids, from condemning to execution there is around a seven to multi year pause. The convicts cases are looked into by the state courts and through the government courts. With this open door for the case to be turned over or the sentenc e to be transformed it is practically incomprehensible for a guiltless individual to be executed. Just two individuals have been demonstrated guiltless after their execution in the United States. These illegitimate passings happened in 1918 and 1949. From that point forward the equity framework has experienced a great deal of adjusting making this amazingly impossible today. On the off chance that somebody is perched waiting for capital punishment, at that point they more than likely merit it. They have made a lot of anguish the loved ones of the person in question or casualties and it appears that the main way equity could be served is for the criminal to bite the dust. For the individual to just go to prison appears to be uncalled for. There they will eat three dinners per day, get the opportunity to watch satellite TV, and become friends with different detainees. They carry on with a confined life yet it's anything but an existence without opportunities. It is an actual existence they dont merit. Out of the fifty states in the United States 37 have and utilize the death penalty. Out of a similar fifty states just 18 have life detainment with out parole. In the other 32 states an individual who shouldve been executed can be discharged after as meager as 20 years in jail. There are sure measures that are followed in giving out the death penalty. The res pondent can not be crazy, and keeps an eye on genuine or criminal aim must be available. Additionally, minors seldom get capital punishment since they are not completely experienced and probably won't know the results of their activities. At last the intellectually impeded are only from time to time executed. The explanation behind not executing the hindered is that they regularly experience issues safeguarding themselves in court, have issues recalling subtleties, finding observers, and affirming believably for their own benefit. In the event that death penalty were completed more it would end up being the wrongdoing obstacle it was halfway expected. Most lawbreakers would reconsider before submitting murder in the event that they realized their own lives was in question. Things being what they are, however not many individuals are executed thus capital punishment is certainly not a palatable obstruction. During profoundly pitched capital punishment cases the murder rate is found t o go down yet it returns up when the case is finished. Capital punishment is a discipline that will stay dynamic for quite a while later on, even with all the analysis. It is an old method of managing very genuine offenses that plague our nation today. Ideally the interests procedure will be abbreviated, yet stay powerful, so more crooks can be executed, making forthcoming hoodlums reconsider.

Monday, August 17, 2020

Opioid Withdrawal Symptoms, Timeline, & Treatment

Opioid Withdrawal Symptoms, Timeline, & Treatment Addiction Drug Use Opioids Print How Long Does Withdrawal From Opioids Last? By Erica Jacques Erica Jacques, OT, is a board-certified occupational therapist at a level one trauma center. Learn about our editorial policy Erica Jacques Medically reviewed by Medically reviewed by Steven Gans, MD on September 03, 2019 Steven Gans, MD is board-certified in psychiatry and is an active supervisor, teacher, and mentor at Massachusetts General Hospital. Learn about our Medical Review Board Steven Gans, MD Updated on February 23, 2020 smartboy10 / DigitalVision Vectors / Getty Images More in Addiction Drug Use Opioids Cocaine Heroin Marijuana Meth Ecstasy/MDMA Hallucinogens Prescription Medications Alcohol Use Addictive Behaviors Nicotine Use Coping and Recovery In This Article Table of Contents Expand Overview Signs & Symptoms Coping & Relief Warnings Long-Term Treatment View All Back To Top If youre taking opioids for chronic pain, you may experience withdrawal symptoms when you stop using the medication. Opiate drugs are extremely habit-forming; tolerance, physical dependence, addiction, and withdrawal symptoms are all possible.?? As a result, there is a high potential for misuse and addiction, even when use begins with a prescription. Prescription opioids include: CodeineDemerol (meperidine)Dilaudid (hydromorphone)MethadoneMorphineOxycontin (oxycodone)Percocet (acetaminophen/oxycodone)Vicodin (hydrocodone)Fentanyl The illicit drug heroin is also an opioid. Cutting out opioids safely involves gradually reducing the painkiller dosage as opposed to stopping the medication outright. Your best bet is to consult with your physician before you stop taking these medications. Overview Opioid withdrawal is not pleasant, but in most cases, it’s not life-threatening. In fact, many people describe it like having a bad flu, with fever and sweating, nausea and vomiting, muscle aches and pain, and insomnia.?? These symptoms can occur if you try to quit cold turkey” (suddenly stop the medication)â€"even if youre only taking the amount prescribed by your doctor. Tapering off the drugs slowly can help avoid some unpleasant withdrawal symptoms. Unfortunately, opioid tolerance builds quickly and the risk of physical dependence with opioids is high. For some, dependence can develop in a mere two weeks, especially if youre taking a large dose. Signs Symptoms Withdrawal symptoms can range from mild to very severe, depending on the type of drug, frequency of use, severity of dependence, and your overall health. Symptoms of withdrawal can begin six to 30 hours after last use of the drug and can last anywhere from five to 10 days, depending on the type of opioid. Symptoms can include: Early symptoms (within 24 hours of stopping the drug): AnxietyMuscle aches and painsRestless legsEyes tearing (lacrimation)Excessive sweatingInsomniaFrequent yawning Later symptoms: Abdominal crampingDiarrheaDilated pupilsNausea and vomitingRapid heart rateHigher blood pressure If you notice any of these symptoms, or if your withdrawal symptoms become worse, be sure to inform your healthcare provider immediately. Your provider may use tools like the Clinical Opiate Withdrawal Scale (COWS) to determine the stage of withdrawal and assess your level of physical dependence on the drug. Opioid Withdrawal Timeline Withdrawal symptoms begin (short-acting opioids) 6â€"12 hours after last dose Withdrawal symptoms begin (long-acting opioids) 30 hours after last dose Withdrawal symptoms peak 72 hours after last dose Withdrawal symptoms dissipate Up to 10 days after last dose Coping Relief You may be able to go through opioid withdrawal at home under the direction of your doctor if you have a strong support system and the appropriate medications. But many people need the support of an inpatient detoxification program or local hospital. To help your physician determine the best route for cutting out opioids, consider keeping a pain journal and track everything related to your painkillers, including: DosageFrequency of usePositive and negative effects Do your best to have a plan before visiting your physician. If you are taking opioids for pain, consider asking yourself questions like the following: What are your expectations? Do you want to simply switch painkillers, or do you want to try and live painkiller free? Traditional and Alternative Pain Management When transitioning off of narcotic painkillers, your doctor may prescribe other pain-relieving medications to ease withdrawal symptoms and prevent breakthrough pain.?? Opiate/opioid addiction may also be treated with other drugs that help shorten and alleviate symptoms of withdrawal, including: Acetaminophen (Tylenol), aspirin, or NSAIDs (Ibuprofen) for mild symptomsLoperamide (Imodium) for diarrheaHydroxyzine (Vistaril, Atarax) for nauseaClonidine for symptoms of withdrawalMethadone for long-term maintenanceAntidepressant for co-occurring depression or anxiety Warnings Although the symptoms may not be life-threatening, there are dangerous withdrawal complications that can occur if left untreated. Withdrawal symptoms may include dehydration, hypernatremia (elevated blood sodium level), and heart failure from persistent vomiting and diarrhea.?? Aspiration, which can cause choking or lung infection, can also occur if you vomit and then breathe in stomach contents into your lungs. Perhaps the biggest danger of withdrawal is a relapse. The opioid withdrawal and detox process reduces your tolerance to the drug, so if you go back to taking the same amount of opioids you previously took, overdose can easily occur. Understanding Opioid Overdoses Long-Term Treatment For most people, symptoms of withdrawal should markedly improve within a few days or weeks. If your symptoms are lingering or getting worse, it’s important to get medical help. Quitting opioids is not easy and you may need long-term recovery support or addiction treatment following withdrawal to stay off the drugs, including: Maintenance medicationSupport groups (such as Narcotics Anonymous or SMART Recovery)Outpatient therapyIntensive outpatient treatmentInpatient treatment Resources No one expects you to stop taking opioids on your own; help is encouraged and readily available. Even if you have been using a narcotic painkiller for a brief time, you may still be at risk for developing withdrawal symptoms if you quit on your own. If youre taking opioids for pain, talk to your physician about why you want to make a change with your pain medication, and let them help you do it the right (and safe) way. If you need treatment for opioid addiction, you can find a treatment program near you using the Department of Health and Human Services (HHS) treatment locator tool. A Word From Verywell Experiencing the symptoms of opioid withdrawal can be unpleasant and require proper aftercare to ensure lasting recovery. People who take opioids over a long period of time are at high risk of physical dependence and should consult a doctor about managing withdrawal symptoms should they decide to stop taking the drug. If you or a loved one experiences negative consequences of opioid dependence, you should also talk to your doctor about treatment for opioid use disorder.

Sunday, May 24, 2020

Salvador Dali Research Paper - 2486 Words

Salvador Dali Salvador Dali was born on May 11, 1904 in a small town called Figueres in Spain near the Pyrenees Mountains. This town was also near the French border in the principality of Catalonia. Dali was from a rich family and his parents built his first studio for him when he was only a young boy. He spent his summers in Cadaques where his studio was and he lived most of his adult life in an extraordinary villa near Port Lligat. When Dali was just a young man when he went to the Royal Academy of Fine Art. In 1922, Dali moved to the students’ residence in Madrid and studied Fine Arts at the San Fernando Academy. Dali got a lot of attention because of his eccentric behavior and look. He had long hair and sideburns and wore a†¦show more content†¦Dali’s museum in Florida Reynolds Morse and his wife Eleanor who were both Dali collectors founded the museum in Florida, St. Petersburg in 1971. It hosts 95 oil paintings and 18 of Dali’s historical large-sized paintings. One of Dali’s famous paintings was ‘The last Supper’ in which he combined ideas of science and religion. This work shows Dali’s desire to become classic in that he is adhering to the rules of divine proportion. ‘The Last Supper’ Dali’s museum in Figueres, Spain When he was fourteen years old, it had shown his first public exhibition in the former Theatro Museo. Ever since 1970, Dali worked hard and dedicated all his energy to transform the former Municipal Theatre into a museum and art gallery. In 1974, the Theatro Museo Dali was officially opened. Some of the paintings displayed there include 1925, The Smiling Venus, Barcelona Mannequin 1926, Rotting Bird, Galarina and many more. Portrait of my sister Later years in Catalonia From 1949 and onwards, Dali spent his time in Catalonia. Other artists criticized Dali for moving back to Spain when it was still ruled by Franco. As a result, his later works after that time were probably dismissed by some surrealists and art critics and this was related mainly to politics rather than artistic talent. In 1959, an exhibit was organized by Andre Breton called ‘Homage to Surrealism’ and this was celebrating the 40th anniversary of Surrealism. It contained works by Dali, Joan Miro,Show MoreRelatedSalvador Dali Research Paper1116 Words   |  5 PagesPlourde 9 April 2013, Spring Qtr 2013 5 Page Research Paper Salvador Dali Biography Salvador Dali was a pioneer. Few pages are not enough to tell the story of an eccentric, hardworking, disturbed and misunderstood master. Born in Figueras, Spain on May 11, 1904 near France into a middle class family. Childhood was turbulent, difficult, and abusive. Raised full of indulgences by his mother that resulted in the known eccentricities he had. (Dali, Secret Life, 115). Bright, extreme intelligentRead MoreSalvador Dali s Work For Inspiration1508 Words   |  7 Pages Salvador Dali is a 20th century artist from Spain and he is known for having the technique ‘surrealism’. Surrealism is described to be an â€Å"anti-art† and surfaced in between the World Wars. The art form in surrealism looks abstract as images come from the artists’ subconscious mind and later transferred to a blank piece of canvas. Besides being a renowned painter, Salvador Dali was also involved in film, fashion, sculpture, and photography. His legacy continued on as modern art ists seek Dali’s workRead MoreSurrealism Essay957 Words   |  4 Pagesartists to use their â€Å"unconscious mind for inspiration.† Surrealist artists often used dream imagery. They created images that viewers would not need rational thought to understand. There were two main styles of surrealist paintings. Artists like Dali, Tanguy, and Magritte painted in â€Å"a hyper realistic style in which objects were in crisp detail and with the illusion of three-dimensionality.† Colors in these works were either monochromatic or saturated saturated or monochromatic. Either way, aRead MoreSurrealism, By Walter Friedlander s Duality Of Rational Irrational, And Irrational Style1801 Words   |  8 Pagesthis is the real for the irrational; it depends upon inspiration rather than upon rules, and it values the free play of the individual imagination rather than the codification of the deals of society or of history. Artists such as Hieronymous Bosh, Salvador Rose and Goya all explored the free element of fantasy as only a part of a total conception that is basically traditional. The class of subject matter chosen by the artist and their mode of visualizing it are dependent upon tradition and are similarRead MoreConversion Of 2d Image Into 3d Image Using Segmentation2096 Words   |  9 Pages3D image and plot of disparity map. A quick summary of the paper is as follows: In Section I, a brief introduction to the paper is given. Section II comprises of literature survey. Section III describes the PSO algorithm in detail. Section IV gives the results of reconstructed 3-dimensional image and disparity levels. Section V gives details about the conclusion. II. LITERATURE SURVEY Stereo matching continues to be an active research area as it is proven by a large number of recent publicationsRead MoreLucid Dreams : A Lucid Dream2230 Words   |  9 Pagesa dream, and thus become aware. By using his techniques, Dr. Tholey was able to test several hypotheses concerning the content of dreams and the eye movements that occur during the dreams. Tholey continued his experiments, and in 1989 published research in which he had investigated the cognitive tasks that characters in a lucid dream could perform (Tholey 567). Tholey’s idea was not that the dream characters themselves were independent of the dreamer, but that they came from parts of the brain ofRead More Art, Surrealism, and the Grotesque Essay4657 Words   |  19 Pagesaspects of expressionistic language play and became the source of artistic form and content. Breton proposed a freedom from rationality, from logic, from the inhibitions of grammar and morality. Those of us familiar with the works of Salvador Dali (1904- 1989), perhaps the most famous of the surrealist painters, and certainly the most long-lived, are aware of the grotesque shapes that pervade his dream scapes: The head of his wife, Gala, unravelling, hollow; or the dripping time-piecesRead MoreA Grand Chain Of Rebellion First Beginning Of The Renaissance Era2674 Words   |  11 Pagesand technological advancements such as the discovery and exploration of new continents, the adoption of Copernicus’s and Galileo’s views of the earth and solar system, the decline of the feudal system, the growth of commerce, and the invention of paper, printing press, the mariner’s compass, and gunpowder. The characteristics of Renaissance were first noticeable in Italy in late 14th and early 15th century during which new ideas about political order and a heightened consciousness of the artistRead MoreEssay about Summary of History of Graphic Design by Meggs14945 Words   |  60 PagesDemotic Script, and Greek. The major deciphering of the stone was done by Jean-Francois Champollion. - As hieroglyphics presented more opportunities than cuneiform, the language was used for commercial documents, poetry, myths, etc†¦ - Papyrus paper was a major step forward in Egyptian visual communication. - The Egyptians were the first people to produce illustrated manuscripts in which words and pictures were combined to communicate information. - Eventually, Papyrus was used for funerary

Wednesday, May 13, 2020

How to communicate the gospel to the youth effectively Free Essay Example, 1250 words

If this is to happen, preachers must give attention to the approaches they use when communicating the gospel to the youth4. Therefore, this study seeks to analyse the most effective approaches and strategies for communicating the gospel to the youth in the contemporary society5. Significance of the Research The fact that young people have been the target group in many studies reveals their importance in the church. The youth in the contemporary society faces different pressures and have varying spiritual and emotional needs6. Communicating the gospel to the contemporary youth should rely on approaches that are more appealing to the target group. Understanding the most effective strategies that can produce positive outcomes when preaching to the youth can help many preachers reach the hearts of many young people. Reaching the hearts of young people translates to a bright future for the church7. Statement of Research Objectives The objectives of this study will be: a) To analyse the spiritual needs of the youth in the contemporary society b) To determine the strategies used by modern preachers while communicating the gospel to the youth c) To determine the most effective strategies for communicating the gospel to the youth Research Question The primary research question in this study will be: How can preachers effectively communicate the gospel to the youth in the contemporary society? We will write a custom essay sample on How to communicate the gospel to the youth effectively or any topic specifically for you Only $17.96 $11.86/pageorder now Literature Review Previous studies have highlighted that the youth form a critical part of the modern church. The fact that the youth form a remarkable percentage of the church reveals that the church must ensure that the youth understand and accept the gospel8. The youth in the contemporary society has grown up in a different society and culture that presents them with numerous pressures. It is extremely difficult for the youth to establish the right path and stay on the right track throughout their lives. Most importantly, the youth is prone to the identity crises that come with adolescence and young adulthood. The identity crises are also accompanied by numerous physical, emotional, mental, and psychological changes9. These changes can be overwhelming to many young people. Therefore, preachers need to ensure that they focus on helping the youth internalize the gospel so that they can handle these changes effectively10. Many young people have exhibited their concern of understanding the purpose of life. The right definition and understanding of the meaning and purpose of life can only be obtained from the church.

Wednesday, May 6, 2020

A Rewiew of a Rose Free Essays

Tiffany Gattis Tavel ENG 151 05 Oct 2012 A Review of a Rose â€Å"A Rose for Emily†, by William Faulkner is a riveting tale of the perils of love lost. Though the story offers up an elaborate plot, the conclusion did not fully provide closure as would be the natural expectation. Instead, the conclusion was heavily shrouded in mystery and secrecy. We will write a custom essay sample on A Rewiew of a Rose or any similar topic only for you Order Now â€Å"Miss Emily after Dark†, by Thomas Robert Argiro, which was published in The Mississippi Quarterly, discusses the many obscurities within the story and the effects of them remaining so right up to the conclusion with relation to the reader. Laura J. Getty’s critical essay,† Faulkner’s A Rose for Emily† touches on the manner in which these obscurities evoke sensationalism among readers by leaving room for the imagination to run wild with approximation. This is what great stories are built on; allowing each reader perceptive resolution. According to Dictionary. com, the word conclusion is defined as the last main division of discourse, usually containing a summary of the main points and a statement of opinion or decisions reached. There is, by definition, a sense of finality in the word. Despite the suggested intent, not all stories provide this presumed closure. Among the many tales ending in such a manner is Faulkner’s masterfully crafted â€Å"A Rose for Emily†; a story set in a small, post World War II southern town struggling with post-war socio-economic transformations. The conclusion of this ominous tale allows the readers imagination the freedom to supplement omitted details with personally palatable concepts. Among the central yet under-developed themes were Emily’s relationships with her father, the surrounding community, and her assumed lover, Homer Barron. The relationship between Emily and her father, as described by Faulkner, leaves the reader pondering what, and exactly how much was left unsaid, and the possible implications as they relate to the proverbial white space of the story. â€Å"The townspeople are extremely sensitive to Emily’s psychological state. â€Å"When Emily tries to keep her father’s corpse, they believed that she had to do that. We remember all the young men her father had driven away, and we knew that with nothing left, she would cling to that which had robbed her, as people will†(Getty 2). Though it is not unusual for fathers to be protective of their daughters, the rapport described begins to border on what most would consider discomfited and deviant. The relationship was so constrictive that it mired her progression through crucial developmental milestones; likely contributing to the progressive emotional unrest witnessed in the years following his death. â€Å"The specter of incest opens the story up to consideration of the psychic damage that Emily may have suffered† (Argiro 2). With her only permissible companion now laid to rest, Emily seems unable, or even unwilling to master the art of normal human interaction. Her self-imposed isolation did nothing to alleviate strained relations with a town already grappling with the adaptations of a new era; the death of the south, as it had been know to its inhabitants, was underway. Though the reader is given the impression that Emily did not recognize the progressive deterioration of her already severely dilapidated living quarters, this seems highly unlikely. More plausible is the possibility that she did in fact recognize the decline, and as a result renounced the inquiries of the masses in an attempt to protect her residual stateliness. â€Å"Emily’s myth does not enliven Jefferson; instead it discloses an impoverished fantasy of a lost noblesse oblige† (Argiro 3). Throughout childhood, Emily had been psychologically inundated with the notion that she was superior to southern-born counterparts; a queen amongst paupers. The effects of this are apparent in the nonchalant manner in which she dismisses the legitimate concerns of the townspeople. I have no taxes in Jefferson†, was her sole response when asked about payment that was undoubtedly long overdue; a response that should have resulted in eviction in the absence of the unanimously sympathetic sentiments of the townspeople she clearly did not hold in high regard. â€Å"She appears visible enough to the townspeople bent on scrutinizing her every move, yet she remai ns well beyond their comprehension† (Argiro 1). Emily lived by her own scruples in both her business and personal matters, and gave little or no thought as to social consequences. Her love life was not exempt from these sentiments. â€Å"The indignant community is scandalized that she would ever think seriously of a Northerner, a day laborer† (Argiro 1). Homer Barron did not at all fit the profile of what the surrounding community considered a suitable husband. Among the many concerns voiced was his assumed sexual preference. He could be seen by all gallivanting about the town with various young men drinking and causing a great ruckus; behavior not at all like that which was expected of a southern gentleman, and certainly not becoming of a suitor of a revered southern belle. Speculation as to his true motives with regard to his public courting of Emily spread riotously throughout the community. The scene evoked mixed emotions because though the relationship did serve to increase Emily’s socialization, to the public eye, they appeared hopelessly mismatched. â€Å"Emily’s liaison with Homer is in many respects remarkable: she makes a leap out of her seclusion and into a new intimate social reality† (Argiro 2). Though Homer’s motives will forever remain a mystery, it is abundantly clear that whatever his rationale could have been, it ultimately cost him his life. Though little clarity was provided as to the circumstance surrounding Homer’s death, it can be deduced that the overwhelming fear of loneliness and lost love were among Emily’s motivators. â€Å"No one knows the intimacies of Emily and Homer with any certainty, but select details may expose various reasons for Homer’s corpse winding up on gruesome display in Emily’s upstairs bedroom†(Argiro 3). It seems unfathomable that a man of Homer’s experience would not have recognized her social immaturity and vulnerability. Homer seemed to take full advantage; accepting gifts which pointed to the prospects of a dignified future with Emily in holy matrimony. Still, he appeared in no hurry to solidify a commitment. In a time when a woman’s virtue was considered transposable with her character, such mismanagement could have triggered the emotional instability that resulted in his untimely demise. Despite Faulkner’s choice to input such ambiguity into the story line; what emerged was a masterpiece that will likely evoke great debate for centuries to come. It is this imprecision that makes this story such a powerful read; reigniting within its readers a burning, child-like curiosity that sets the imagination afire with conjecture. The main secrets in Jefferson take place inside that building, and the most important secret is revealed only after the flowers have been placed on Emily’s grave† (Getty 2). Like stories of the haunted, abandoned house just at the end of lane, this story will endure through generations of fresh perspectives and renewed deliberation. Work Cited Argiro, Thomas Robert. â€Å"Miss Emily afte r dark. † The Mississippi Quarterly 64. 3-4 (2011): 445+. Literature Resource Center. Web. 29 Sep. 2012. Getty, Laura J. â€Å"Faulkner’s A Rose for Emily. † The Explicator 63. 4 (2005): 230+. Literature Resource Center. Web. 29 Sep. 2012. How to cite A Rewiew of a Rose, Essay examples

Monday, May 4, 2020

Violated Duty Under Common Statutory Law â€Myassignmenthelp.Com

Question: Discuss About The Violated Duty Under Common Statutory Law? Answer: Introduction This part of the paper is to determine the contractual capacity of organizations and its agent. The section also analyzes when an organization is bound to a contract entered upon by its agent. The paper also highlights the provisions related to pre-registration contracts entered upon by an organization. The first issue in the case is to determine the liability of Sunshine Scooter Art Pty Ltd (SSA) in relation to the contract with Computer Supplies Pty Ltd. The second issue in this case is to find out that whether can be held liable in relation to the contract with Plastica Pty Ltd. Relevant law According to Section 124 of the CA a company has the power and legal capacity, like an individual to get into a contract with another person. This capacity of the company is not affected even it is found that the contract is not in the best interest of the company[1]. As per Section 125 of the CA the constitution of the company may limit the powers of company to get into a transaction. The provision clearly provides the even if it is expressly mentioned in the constitution that a power of a company is limited in relation to a transaction, the transaction does not merely become void if it is committed by the company[2]. Section 126 of the CA states that any individual who acts with the implied or expressed authority of the company has the right to enter into an act of making, discharging, ratifying or varying a contract on behalf of the company. This power of the agent can be carried out even without the use of the common seal of the company[3]. It has been expressly provided by section 127 of the CA that the a company is allowed to execute a document without the use of the common seal of the company if such contract is signed by at least two directors of the company when the company has more than one director. In addition where the common seal is fixed to a contract it would only be executed if it is witnessed by at least two directors of the company[4]. According to section 231 of the CA in case an individual gets into a contract or proposes to get into a contract acting as an agent of the company on behalf of it, or for the interest of the company before the company has been registered, the organization is has a legally binding right to the contract if the company when registered ratifies the contract within the provided time which has been agreed by the parties of the contract and where the time has not been agreed than within a reasonable time[5]. In addition the section provides that it is the liability of an individual to be held liable for any damages to another party who entered into the pre-registration contract if the company does not get registered or the company does not ratify the contract in Accounting to subpart 1 of the section. The amount which such person may be held liable for is the same amount which the company would have been liable to pay under the contract[6]. Moreover any legal proceeding is initiated to recover the damages which can be claimed under subpart 2 of the section as the company has become registered and is not willing to ratify the contract or enter into a substitute contract, the court has the power to do anything in relation to the circumstances of the case including the orders which would direct the company to pay all the damages which the person is liable, transfer the property back to the other party which have been received by the company and pay an amount to the other party of the contract[7]. In the case of Kelner v Baxter[8] an advocate who had agreed into a contract on behalf of the company before it had been registered was held liable in relation to the contract. As the company was not incorporated when the contract has been formed the person would not be treated as a agent of the company. In the case of Bay v Illawarra Stationary Supplies Pty. Ltd[9] where the company had four members but only one of such member got into a contract with the their party before the company was incorporated therefore, the court held that only such person is liable to the contract and not the other three members. Analysis In the given circumstances the position of SSA in relation to the contract with CS would be determined first. Bob is a director of the company SSA along with Adrian and Jana. Bob has entered into a contract with CS for the supply of computers worth $8000 before the company has been registered. The rules in relation to pre registration contract have been discussed above in the section 131 of the CA. Applying the provisions of the section to the facts of this case it can be stated that the company can be bound by the contract on if after registration the company ratifies the contract. However in this case because of shortage of financial capital the company does not want to ratify the contract. The section further states that if the company does not ratify the contract the person who got into the contract on behalf of the company can be liable to pay damages to the other party in relation to the contract. Thus in this case through the application of this part of the section it can be s aid that bob would be liable to pay damages to CS if they would incur any loss in relation to the contract. However part 3 of the section gives power to the court to impose a liability on the company in case the company does not ratify the contract to be liable to the damages to be paid to the other party through analyzing the circumstances. In this case it is likely based upon the principles of Kelner and Bay case that court will make bob solely liable in relation to the damages in the contract with CS. The company would have to return the computers to CS As per the second issue in this case in relation to the contract of Bob has entered into a contract with PP which is for a value of $50000. As per the constitution of SSA the company does only allows a transaction which is more than the value of $10000 to be approved through a resolution. Common law provides that any act which is outside the scope of the company is void. However in recent cases the courts have made decisions that of the act is not at all consistent with the purpose of the company it cannot be valid and not otherwise. Section 125 of the CA also states that of an act is not according to the provisions of the company it cannot be made invalid only because it is not in accordance to the constitution. Therefore as the contract which Bob as a director of SSA got into with was not vastly inconsistent to the purpose of the company it is binding in the company. Therefore from applying the above discussed laws to the facts of the case it can be evidently provided that the SSA is not liable to the contract with CA and SSA is In this part of the case the question is related to the duties of directors in Australia imposed by both common law and the Corporation Act 2001. The section discusses the circumstances which can lead to the violation of the duty. The section is also related identifying the penalties for the violation of the imposed duties by the directors. The issue in this case is to find out whether Jack, Alice and Francis have violated their directors duties in relation to Superdry Stores Ltd through making Stores provide securities to Finance Bank Ltd. The section determines the issue by applying relevant laws to the fact of the situation and derives a conclusion. Section 180(1) of the CA states that it is the duty of a director or any other officer of the company to ensure that when the take any decision in relation to the company than such decision should be in the best interest of the company and must be in good faith[10]. There is a test which is provided through this section to the court so that they can analyze whether such decision was in good faith or in the best interest of the company or not. As per the principles of the section a hypothetical reasonable director is placed in the position of existing directors their actions are compared to the reasonable director to identify the validity of their actions. According to Section 180(2) of the CA, a director or any other officer of the company has ensure that the decision they have taken in relation to the company is in accordance to section 180(1) along with equivalent duties at common law and equity if the judgment taken in accordance to the purpose of the company and in good faith. In auditing, there is no material interest of the directors personally in relation to such decision and they have taken the decision after informing themselves in relation to it to a degree where they have belief that it is appropriate. The directors must also have a rational belief that the interest is in the best interest of the company. A business decision can be considered to be rational if no reasonable person would hold the same view. The section is applicable with respect to equivalent duties under common law such as the duty of care. Business judgment in relation to this section is any action which is related to business operations[11]. In the case of Australian Securities and Investments Commission v Rich[12] there was substantial review done by the judges in order to determine the requirements of the business judgment rule. In this case the court found that the directors had not complied with the provisions of the business judgment rule. In the case of ASIC v Maxwell[13] it has been decided by the court that if the directors indulged in informed decision making than they can take decision which involves a risk in relation to the business and such decision would be considered as a business judgment. As discussed above section 180 of the CA is also in relation to the breach of any common law or equity duty imposed on the directors. Any director who violates a common law duty is also liable under this section. The breach of section 180 of the CA is a civil liability offence. The breach of directors duties is a civil penalty provisions which attracts penalties under section 1317E and 206C of the CA. Section 1317E provides for pecuniary penalties whereas Section 206C provides for suspension of directors[14]. Both the penalties were used in the case of ASIC v Lindberg[15] Section 182 and 183 of the CA states that the directors must not use their position or information to create a position of conflict of interest and if such situation is created than always prioritize the interest of the company[16]. Section 232-233 CA provides for remedies to members of company against an act by directors which may bring determent to the members or the company[17]. In the given circumstances Jack, Alice and Francis are directors of Superdry Holdings Ltd (Holdings) which is the parent company of Superdry Manufacturing Ltd (Manufacturing) and Superdry Retail Stores Ltd (Stores). Stores have the maximum number of public investment which accounts to 70% of the total capital provided by the public. It has been provided in the scenario that both Manufacturing and Holding are facing financial difficulties whereas stores are doing well in relation to their business administration. In order to ensure that Manufacturing and Holding (where the directors have maximum investment and interest) are able to secure a loan from Finance ltd they made stores provide guarantee for them sitting that it is in the best interest of stores. As discussed above a section 180 provide that an decision in relation to the company should be in its best interest. And whether such interest has been triggered or not is found out be placing a hypothetical director instead of the alleged directors. in the given circumstances it can be determined through the application of the test that a reasonable director would have not risk the operations of stores by providing security as it is not in the best interest of the company. In addition it has been seen that the directors as they have maximum interest in Holding and Manufacturing have violated section 182 of the act by using their position to attain personal interest at the cost of the company. In addition the business judgment rule as provided in section 180(2) of the ACT can however be applicable in this case as a defense of the directors for the breach of duties. The defense although has not been used very successfully in relation to proceedings in Australia, in the given case it can be used as a reasonable person may think that as Holding is the parent company of Stores and Manufacturing is also related to it the loss of reputation for holding and manufacturing can result in loss of reputation for Stores. If the business judgment rule would not be applied than Karen can claim oppressive action remedy under section 232-233 of the CA. in addition the directors can be liable for pecuniary penalties under section 1317E and suspension under section 206C of the CA. Conclusion Therefore it can be provided that the directors have violated the duty under common and statutory law towards the company. The business judgment rule can be used as a defense; References ASIC v Maxwell Ors [2006] NSWSC 1052 ASIC v Lindberg [2012] VSC 332 Australian Securities and Investments Commissionv Rich(2009) 75 ACSR 1 Bay v Illawarra Stationary Supplies Pty Ltd (1986) Psychology Corporation Act 2001 (Cth) Kelner v Baxter(1866) LR 2 CP 174