Driving Down The Road - Original Writing - 2286 Words

Imagine you are driving down the highway on a warm summer day. It’s nice outside, your window is rolled down, the wind is blowing in your hair, and your sibling is in the passenger seat. In mid-thought, you slam on your brakes and swerve to miss a deer. Your car goes down the hill and hits a tree. No one is around. You check on your brother, he looks unconscious. You are okay, but have a few minor scrapes and bruises. You dial 911, hoping that maybe they could understand what you were saying. You leave your phone on in case they can track your location. When you start walking up the hill, a car pulls off to the side of the road. The person jumps out of the car and runs up to you, appearing very concerned. When you try signing to the girl, she does not understand what you are saying to her. This could very well be a situation that happens in real life. If the person who would have found you and your sibling would have known American Sign Language, they might have been able to h elp you out in a crisis like this. In society today, we have to be able to communicate with people about anything and everything we do (Kivett). Learning American Sign Language, or ASL, will help every individual that learns it. In order to determine why there is a problem with very few signers, we have to investigate why people don’t want to learn the language, what problems that creates, and what we can do to create solutions to help everyone as a whole. Many people in the United States do not knowShow MoreRelatedLaws And Laws Of Driving License1540 Words   |  7 PagesLaw relating to Driving License As per the Section 3 of the Central Motor Vehicle Act, 1988 nobody can drive at any public place until he holds an effective driving license issued to him authorizing him to drive the vehicle. 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Mass Media and New York Free Essays

string(17) " is an ok story\." Racism and Ethnic Bias in the Media Is a Serious Problem Mass Media  ,  2010 â€Å"Journalists who think they know communities of color end up writing stereotypical stories. † In the following viewpoint from her interview with Lena-Snomeka Gomes, Elizabeth Llorente states that unequal and inaccurate representations of minorities still persist in the media, and media professionals who are minorities continue to face prejudice in the industry. In Llorente’s view, reporters of color often feel unwelcome when entering white communities. We will write a custom essay sample on Mass Media and New York or any similar topic only for you Order Now In addition, she claims other journalists continue to draw upon harmful ethnic and religious stereotypes. Diversity and opportunities for minorities in newsrooms also are lacking, she contends, compounding these problems. Llorente is an award-winning senior reporter for  The Record  in Bergen, New Jersey. A former newswriter, Gomes is a program support specialist at the Homeless Children’s Network in San Francisco. As you read, consider the following questions: 1. According to Llorente, why is covering one’s own ethnic community not necessarily easier? 2. What barriers do reporters face when reporting on immigrants, in the author’s view? 3. Why are there still very few minorities in newsrooms, in Llorente’s opinion? Elizabeth Llorente, senior reporter for  The Record  in Bergen, New Jersey, was recently honored with the Career Achievement Award from the Let’s Do It Better Workshop on Race and Ethnicity at the Columbia University Graduate School of Journalism. Llorente was honored for her more than 10 years of reporting on the nation’s changing demographics. Her series, â€Å"Diverse and Divided,† documented the racial tensions and political struggles between Hispanic immigrants and African Americans in Patterson, N. J. Llorente spoke with  NewsWatch  about the nuances of reporting on race and ethnicity. Lena-Snomeka Gomes: What are some of the major barriers journalists face, especially journalists of color when writing about race and ethnicity? Elizabeth Llorente: Well it depends on what they look like. For example, I know that some of the African American reporters that I have worked with have spoken about feelings of being unwelcome, especially when they’re covering white areas. And there are also other reporters who feel different because they stand out from the time they walk into a room. People make assumptions about them. I have been told that it’s hard to tell what my race is. Is this positive or negative? Maybe it helps when I’m doing a story about tension and whites are part of the tension. Sometimes, I suspect, they open up more because they don’t know that I am Hispanic. Perhaps, they would not have been as candid had they known. However, it’s not necessarily easier to cover stories in your own ethnic community or communities similar to yours. If you criticize people and they didn’t like it, they are usually less forgiving. They take it personal and see you as a traitor, especially when the stories involve a politically charged group. Do you think journalists of color are resistant to writing about race and ethnicity because they don’t want to be typecast so to speak? There are people who believe that and I don’t blame them. Sometimes that’s all the papers will let them do, and the papers don’t value their work. In that regard, it’s a thankless job. When you come back with a great story, they don’t see the skill and the talent it took to report and write that story. They think, of course, you wrote well because you’re one of them. They automatically assume it was easy for you to get the story. They may even question your objectivity. But, when [Pulitzer Prize-winning journalist] Rick Bragg went to the South to write about the life he knew, no one said, of course its easy for him because he’s from the South. No, they said, wow he’s a great writer. Do you think stories about race and ethnicity still face being calendared for special events or has there been more sustained coverage and focus? It’s gotten much better. Stories used to be covered for Black History Month or Cinco de Mayo, but now beats have been created around race and ethnicity. Beat reporters have to write all year. Reporters are interested in writing about race and ethnicity. They want to cover these issues. Now the next level journalism needs to go to is to spread the responsibility of covering race and ethnicity among all reporters, in all sections of the paper, business section, education, transportation, and municipal. Coverage has to be more comprehensive. It cannot be reserved for certain reporters, because race and ethnicity is such a huge area. Immigration Stories How do stories about immigration differ from other stories about race and ethnicity? If you’re writing about second or third generation Cubans, you’re writing about Americans, a minority group that has some stake here. With immigrants, you’re writing about people who are newer, who don’t necessarily feel American. They are still transitioning into this national culture. They are rebuilding their identities. For example, they may not have a sense of (their) civil rights here or of American racism. What skills do journalists have to master in order to report fairly and accurately on immigrant communities? First of all, you need to have a completely open mind. This is especially important when you’re covering immigrant communities. So many of us think that we know the immigrant groups, but many of us only know the stereotypes. Too often we set out to write stories that end up marginalizing people in harmful ways because the stories tend to exacerbate those stereotypes. Or we ignore the stories that do not conform to the stereotypes. For example, if we’re going to write about Hispanic communities, instead of looking for Hispanics in the suburbs, we tend to go where we can most readily find them, in Miami, Spanish Harlem, and in the Barrio. We keep telling the same stories and giving it the same frame, because it’s an easy thing to do when you’re on a deadline. The result is an ok story. You read "Mass Media and New York" in category "Essay examples" But immigration stories are diverse. They are not only in enclaves, but also in places we never thought about finding them in, such as in once exclusively white suburbs and rural America. Perhaps Hispanics in the barrio is a valuable story, but that is no longer the Hispanic story. It is a Hispanic story. Okay, once you find (immigrant communities) how do you communicate with them? It’s tough. Not knowing the language can be difficult. But the key is to start out with the attitude of not settling for less. Start out speaking with the leaders, but only as a vehicle to reach the other people who are not always in the papers. Too many of us stop with the leaders and that is not enough. Ask them to introduce you or ask them if you can use their name to open up a few doors for you to speak with others in the community. However, covering immigrant communities doesn’t mean encountering a language barrier. Many people have a basic knowledge of English. You can still conduct an interview with someone who only speaks survival English. But, you will also run into a lot of people who don’t speak English. If you make the effort, if you’re patient, if you speak slower and are conscious of the words you use, if you make sure they understand what you are asking them, if you tune in, you’ll make the connection. Finally, if language is a barrier and you’re not comfortable, find someone who is bilingual to help you interpret. How can journalists write balanced stories if they operate from the stereotypes? Ask the person you’re interviewing to break down those stereotypes. You can tell the person that there is a particular stereotype and ask them if it is true or not. Journalists have the unique role and power to help break the stereotypes down. What does receiving the Career Achievement Award mean to you? I was hoping that it would mean that I could retire and go sailing and write my novels from a log cabin. After I checked my retirement savings, I realized, that ain’t gonna happen for a long time. Its nice to get awards, but when you get one it’s usually for a certain story or project. This is like a wonderful embrace that says, you know, you hit the ball out of the park again and again. You set a standard in this business. At a career level, you have done great work. It’s just a nice sweeping kiss and hug to me. The Culture of Journalism Tell me some of the successes Let’s Do It Better has had and some of the ways in which it has impacted the culture of journalism. I think one wonderful thing they did, under Sig Gissler (original founder), was that they targeted the gatekeepers. His model approach was to go directly to the top management. Gissler wanted to show them good reporting that reached a higher level and how stories about race were more nuanced. He wanted them to read the stories and then to talk to the folks who wrote them so they could learn how to do these types of stories. Did the top respond? Yes! I saw conversions. People who started out cynically were changed by the last day. They were beginning to look at race and ethnicity stories critically. They were going to raise their standard. They left the workshops believing that their news organizations needed more diverse voices. Why, are there still so few people of color in newsrooms today? Too many employers are prejudiced. Too many minorities are still being hired under a cloud of doubt. I don’t think many minorities are hired with the notion that they will be star reporters. They are not nurtured. Then when minority journalists leave it’s seen as a betrayal, but when whites leave, it’s considered a good career move. I have worked with many white reporters who have had many opportunities in training and promotions, and nobody says they’re ungrateful s. o. b. ‘s when they leave. Can we keep doing it better? Of course. There are still so many stories we are not getting that are out there. Journalists who think they know communities of color end up writing stereotypical stories and they use photos to make people look exotic. In fact, we need to pay more attention to photojournalism. A story can be fair and balanced, but if that picture projects the exotic stereotype, the story loses its value. Don’t bypass a photo of a person because they don’t look ‘ethnic enough. ‘ Take a picture of the blonde Mexican or the Muslim women wearing Levi jeans. Further Readings Books * Bonnie M. Anderson  News Flash: Journalism, Infotainment, and the Bottom-Line Business of Broadcast News. San Francisco: Jossey-Bass, 2004. * Ben Bagdikian  The New Media Monopoly. Boston: Beacon Press, 2004. * Michael A. Banks  Blogging Heroes: Interviews with 30 of the World’s Top Bloggers. Indianapolis: Wiley Publishing, 2008. * Pablo J. Boczkowski  Digitizing the News: Innovation in Online Newspapers. Cambridge, MA: MIT Press, 2004. * L. Brent Bozell  Weapons of Mass Distortion: The Coming Meltdown of the Liberal Media. New York: Three Rivers Press, 2005. Asa Briggs and Peter Burke  A Social History of the Media: From Gutenberg to the Internet. 2nd ed. Malden, MA: Polity, 2005. * Thomas de Zengotita  Mediated: How the Media Shapes Our World and the Way We Live in It. New York: Bloomsbury Publishing, 2005. * David Edwards and David Cromwell  Guardians of Power: The Myth of the Liberal Media. London: Pluto Press, 2006. * Robert Erikso n and Kent Tedin  American Public Opinion: Its Origins, Content, and Impact. Updated 7th ed. New York: Pearson/Longman, 2007. * Dan Gilmore  We the Media: Grassroots Journalism by the People, for the People. Sebastopol, CA: O’Reilly, 2006. * Tom Goldstein  Journalism and Truth: Strange Bedfellows. Chicago: Northwestern University Press, 2007. * Doris A. Graber  Media Power in Politics. 5th ed. Washington, DC: CQ Press, 2007. * Neil Henry  American Carnival: Journalism under Siege in an Age of New Media. Berkeley, CA: University of California Press, 2007. * Henry Jenkins  Convergence Culture: Where Old and New Media Collide. New York: NYU Press, 2006. * Steven Johnson  Everything Bad Is Good for You: How Popular Culture Is Making Us Smarter. New York: Riverhead Trade, 2005. Lawrence Lessig  Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity. New York: Penguin, 2004. * Charles M. Madigan, ed. 30: The Collapse of the American Newspaper. Chicago: Ivan R. Dee, 2007. * David W. Moore  The Opinion Makers: An Insider Exposes the Truth Behind the Polls. New York: Beacon Press, 2008. * Patrick R. Parsons  Blue Skies: A History of Cable Television. Philadelphia: Temple University Press, 2008. * Neil Postman  Amusing Ourselves to Death: Public Discourse in the Age of Show Business. 20th anniversary ed. New York: Penguin Books, 2005. * Metta Spencer  Two Aspirins and a Comedy: How Television Can Enhance Health and Society. Boulder, CO: Paradigm Publishers, 2006. Periodicals * Dennis AuBuchon â€Å"Free Speech and the Fairness Doctrine,†Ã‚  American Chronicle, March 19, 2009. * Greg Beato â€Å"The Spin We Love to Hate: Do We Really Want News Without a Point of View? †Ã‚  Reason, December 2008. * Jeffrey Chester â€Å"Time for a Digital Fairness Doctrine,†Ã‚  AlterNet, October 19, 2004. * Edward W. Gillespie â€Å"Media Realism: How the GOP Should Handle Increasingly Biased Journalists,†Ã‚  National Review, April 6, 2009. Nicole Hemmer â€Å"Liberals, Too, Should Reject the Fairness Doctrine,†Ã‚  Christian Science Monitor, November 25, 2008. * R. Court Kirkwood â€Å"What Did or Didn’t Happen at Duke,†Ã‚  New American, September 18, 2006. * Richard Perez-Pena â€Å"Online Watchdog Sniffs for Media Bias,†Ã‚  New York Times, Oct ober 15, 2008. * Eugene Robinson â€Å"(White) Women We Love,†Ã‚  Washington Post, June 10, 2005. * Joseph Somsel â€Å"Megaphone Envy and the Fairness Doctrine,†Ã‚  American Thinker, March 19, 2009. * Adam Thierer â€Å"The Media Cornucopia,†Ã‚  City Journal, Spring 2007. * Evan Thomas â€Å"The Myth of Objectivity,†Ã‚  Newsweek, March 10, 2008. How to cite Mass Media and New York, Essay examples

Day

Day-Long Day Essay It examines the work with regard to its diction, syntax, denotation andconnotation, imagery, metaphor and simile, tone, rhyme and meter, allusion, andtheme. (8.5 pages; 5 May 2000). Day-Long Day I Introduction TinoVillanuevas Day-Long Day is a remarkable work, for it captures in 34short lines the anger, frustration, and cruelty of the life of Mexican migrantworkers in Texas. The searing heat, the backbreaking and painful work of pickingcotton?all of it is here in vivid detail. II Diction Diction refers tothe choice of words an author uses that distinguishes his voice fromeveryone elses. That is, if you pick up a book by Charles Dickens, youdont have to read very far before you know without looking who the authoris?he has a unique style. Much of that style depends on diction, which are thewords a writer chooses to use and the way he constructs sentences. InVillanuevas case, he uses many Spanish phrases, so that we know he is aSpanish-speaker. He also uses sophisticated language and st riking constructions,so that we know he is educated, even though he is a field hand: Daydreamsborder on sun-fed hallucinations, eyes and hands automatically discriminateWhiteness of cotton from field of vision. His choice of the worddiscriminate rather than choose, as well as the phrase field ofvision, indicate a high degree of intelligence. Whether this is theintelligence of the poet or the field hand is immaterial at this point, forVillanueva has described the scene so vividly that we believe he is one with theother workers. The impact of the poem is not lessened if we find that he is not. III Syntax Syntax is the way in which words are arranged to formsentences. Construction is another good indication of intelligence, for it canbe used to enhance the meaning of words. In the lines above, Villanueva mighthave said hands and eyes automatically find the cotton in the glare of thesun. Instead, he says hand and eyes automatically discriminatewhiteness of cotton from field of vision. The words discriminate andfield of vision are very sophisticated and again, indicate a high degreeof intelligence at work here. But they are also loaded with other meanings:discriminate not only means to choose, it also carries an ugly meaning, asin discriminate against. Likewise field of vision reinforces theimage of the workers in the field under the blazing sun. III Denotation andConnotation Denotation means the direct and explicit meaning of a word;connotation is an indirect reference, additional qualities suggested by aterm in addition to the primary meaning (i.e., politician has different connotations from statesman.) In Day-Long Day, Villanueva uses verylittle denotation, nor do his words carry different connotations. He worksmainly in metaphors, simile, imagery and symbols. IV Imagery Imagery is presentwhen a poet appeals to our five senses. Imagery also includes such things as thesensations of heat and pressure. In this work, the most powerful image, thedominant one, is the heat. It is mentioned over and over again, either directlyor indirectly, as: sun-fed hallucinations, Un Hijo del Sol, sweatday-long dripping, sun blocks out the sky, suffocates the only breeze,summer-long rows of cotton, sweat-patched jeans, the blast ofdegrees, sweltering toward Saturday, the day-long day is sunstruck.The entire poem is both a hymn to the sun and a curse at it. V Metaphor andSimile More definitions: a metaphor is a figure of speech which compares twoincompatible things without the use of a connective term; a simile comparesthings of different classes through the use of a conne ctor such as as,like seems or others. My love is like the red, red rose is asimile; the curtain of night is a metaphor. I will admit that similes andmetaphors are tricky little devils to catch. In this work, the one that standsout most clearly for me is third-generation timetable. This is a linkingof two entirely incompatible terms. Third-generation refers to a family,while a timetable is a schedule, most often used in connection withfinding out the times of trains. Here, I believe he is saying that the familyhad hoped to break out of the cycle of poverty and migrant working by having thegrandson (the third generation) go to school, but that plan (thetimetable) is now upset, because the boss wants them to pick more cotton,even if it means sacrificing the boys education and the familys dreams ofgetting him out of the fields. The lines that make this clear are: From elamo desgraciado, a sentence: I wanna bale a day, and the boy here donthafta go to school.' El amo desgraciado means th e despicableboss. Obviously the man doesnt care what becomes of the child or thefamily, all he wants is to meet his quota?surpass it it possible?and if thatmeans the child has no future except as a field hand, the boss couldnt careless. He is going to stand in the way of the boys education for the sake ofthe crop. VI Tone Tone in written literature is somewhat vague. Itgenerally means the way in which the poet hopes the reader will hear hiswords. Since he cannot speak aloud to us, he chooses words that will convey notonly his direct meaning, but how he feels about his subject. I said that thetone of this poem is angry, and I believe it is, because that is what I feelwhen I read it. Certainly the blazing sun, the pain in the hands and backs ofthe pickers, the hopelessness of the boy who wont be going to school, allthese add up to a bleak and unpleasant situation. But there is an underlyingfeeling about it that indicates to me these people know they are being abused,and although they have been treated badly for three generations, I get a sensethat they are ready to rebel. Poetry is probably the most subjective of all thelanguage arts, so each reader will take something different away with them. Thisis what I felt was going on under the surface, possibly because of the use ofthe strong despicable to describe the boss. VII Rhyme and MeterMeter refers to the pattern of stressed and unstressed sounds in the poem;when the work is read aloud, the stresses combine to form patterns that repeat. .uab3f9bb88f5eec59845b5c530756b0e5 , .uab3f9bb88f5eec59845b5c530756b0e5 .postImageUrl , .uab3f9bb88f5eec59845b5c530756b0e5 .centered-text-area { min-height: 80px; position: relative; } .uab3f9bb88f5eec59845b5c530756b0e5 , .uab3f9bb88f5eec59845b5c530756b0e5:hover , .uab3f9bb88f5eec59845b5c530756b0e5:visited , .uab3f9bb88f5eec59845b5c530756b0e5:active { border:0!important; } .uab3f9bb88f5eec59845b5c530756b0e5 .clearfix:after { content: ""; display: table; clear: both; } .uab3f9bb88f5eec59845b5c530756b0e5 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .uab3f9bb88f5eec59845b5c530756b0e5:active , .uab3f9bb88f5eec59845b5c530756b0e5:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uab3f9bb88f5eec59845b5c530756b0e5 .centered-text-area { width: 100%; position: relative ; } .uab3f9bb88f5eec59845b5c530756b0e5 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uab3f9bb88f5eec59845b5c530756b0e5 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uab3f9bb88f5eec59845b5c530756b0e5 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .uab3f9bb88f5eec59845b5c530756b0e5:hover .ctaButton { background-color: #34495E!important; } .uab3f9bb88f5eec59845b5c530756b0e5 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uab3f9bb88f5eec59845b5c530756b0e5 .uab3f9bb88f5eec59845b5c530756b0e5-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uab3f9bb88f5eec59845b5c530756b0e5:after { content: ""; display: block; clear: both; } READ: The First Reconstruction: A Revolution? EssayIn this work, however, there are no such stresses, or repeating patterns. It isa free verse poem. Likewise, it has no rhyme. Rhyme is the repetition of soundsthat are identical: the fat cat sat on the mat. Villanueva does not userhyme, perhaps because it has a distancing effect. When we read a poem thatrhymes, we often get caught up in the rhyme scheme and then become aware that weare reading poetry. Villanueva wants us to remain in the field with the migrantworkers, and so does not interpose the extra layer of distance between them andus. VIII Allusion An allusion is an indirect reference or casualmention; i.e., the speaker all uded to the budget amendment in the course ofhis remarks. In Day-Long Day, there are no such casual mentions. Everything is immediate, direct, and sensational (as in we can feel thesensation of the heat, the pain, the disappointment, the resentment). The workis not casual in any sense. IX Theme The main theme of the poem is thehopelessness of the migrants condition. They work as they do because that isall they know. This is the third generation to work in the fields in thesweltering Texas summer, and their hope for a better life?or at least for abetter life for the boy?is dashed by the despicable boss who wouldrather have the child working in the fields than going to school. The workersdream daydreams that are not far removed from heat-induced hallucinations, andtheir only relief is a drink of water from an old jug. They spend their lives inan endless cycle of misery and poverty: row-trapped, zigzagging throughsummer-long rows of cotton This work is all they know, and they arefiguratively trapped by their ignorance as they are literally trapped by theclosely-spaced rows of cotton plants. X C onclusion This is a wonderful poem. Thetitle itself is intriguing, as it can be read in many different ways: its along day, to be sure, but is it only a day long? Or is this the life that theseworkers will lead forever? Villanueva tells us that they will never escape, andin so doing, reveals a powerful voice in the literary world.

Animal Farm by George Orwell

Animal Farm by George Orwell It was good, it was bad ; it was a dream, it was a nightmare; It was justice , it was injustice. When white becomes dark , pens try to enlighten the way for those who are strays. Orwell's pen was one of those pens. His masterpiece Animal Farm revealed the truth for the simple people who sacrificed every thing for nothing.In Animal Farm, George Orwell uses farm animals to portray people of power and the common people during the Russian Revolution. The novel starts off with the Major explaining to all the animals in the farm how they are being treated wrongly and how they can over throw their owner, Mr. Jones. They finally gang up on their owner and he leaves the farm. Then they start their own farm with their own rules and commandments. Originally the two people in charge of the Animal Farm, are Napoleon and Snowball.Government spendingOld Major is a character in the book that leads the entire crew of animals; he is the ruler in society. Boxer is a cart-pulling horse that represents t he common person in real life. Benjamin, the donkey, is the critic in society. Napoleon is the challenger in society; he is the prodessor to his ruler. Snowball is the follower of the follower in society. He does not have a mind of his own; he is a second follower.All and all, the book was unrealistic, extremely static, not prone to a suspense factor, and plain boring. It was poorly written, and for those who do not understand that...

To what extent is the rule contained in the Salomon v Salomon Co Ltd Essays

To what extent is the rule contained in the Salomon v Salomon Co Ltd Essays To what extent is the rule contained in the Salomon v Salomon Co Ltd Paper To what extent is the rule contained in the Salomon v Salomon Co Ltd Paper Essay Topic: Law The company as a separate legal personality from that of its members as defined by the Companies Act 1862 was established in common law by the House of Lords in 1879 when they delivered their judgement in the case of Salomon v. Salomon Co. Ltd. Indeed, this case is now seminal, with both practitioners and students of the law referring to it as the foundation upon which modern company law is based. However, although the outcome of Salomon v Salomon Co. Ltd is now firmly embedded that is not to say it has not been prone to the effects of the occasional tremor. Since this ruling and some might argue prior to this ruling by the House of Lords questions relating to the interpretation of the act and its scope have been hotly debated. While some see this ruling as clearly interpreting the 1862 act at common law others contend that such an interpretation is too rigid and clearly open to abuse. It would be argued that a separate legal personality in conjunction with limited liability offered the nineteenth century entrepreneur the protection they desperately needed if their business ventures were to grow and expand beyond their personal resources. Others would contend that this ruling was to the detriment of the companys creditors, allowing the unscrupulous individual or individuals to set up a limited company at little expense and little or no risk to themselves. Indeed, some detractors of the outcome of the Salomon v. Salomon Co Ltd ruling have referred to such companies as a sham, a screen and a mere fraud. These, and a plethora of similar terms illustrates perfectly, as Murray A. Pickering states, the degree of uncertainty on the part of the courts on some occasions when dealing with the separate existence of the company (1). The uncertainty created by the House of Lords ruling between helping the entrepreneur and protecting the creditors of the business has seen that the principles of the company as a separate legal entity with limited liability not go unchallenged. Since 1879 companies have become more complex in their design and their operation and with out any radical changes in statute to incorporate these, it has been left largely to the courts to respond to these developments. The question of abuse by one or more individuals of the privileged status of the incorporated company has frequently come before the courts since the House of Lords ruling. For instance the potential of a party or parties to operate behind a limited company and perpetrate a fraud upon the companys creditors has been recognised and in recent decades the rise, and in some instances the dominance, of the group of companies (conglomerates and multinationals) has seen the courts set down a number of exceptions to the general principle of incorporation with its inherent benefits as laid down by the Companies Act 1862 as interpreted by the Salomon case. While Salomon v. Salomon Co. Ltd might form the foundations of modern company law, over the years those foundations have been made more pliable with the courts recognising a number of instances whereby the veil of incorporation can be lifted so as to allow the courts to determine the true nature of the organisation. Before one considers the potential for abuse of the rule as contained with in the Salomon v. Salomon Co. Ltd case it would be prudent to begin by examining why the law in relation to the company needed to be changed. The background surrounding the eventual House of Lords judgement will then be reviewed before consideration is given to the actual judgement itself. From this vantage point it will then be possible to consider in some detail the potential for abuse together with practical illustrations of how the courts and statute have sought reduce the potential for abuse. Prior to the 1840s there were two routes available to someone seeking to create a company. The first required the company to be incorporated by Royal Charter which in effect gave the company monopolistic power with in its sphere of influence (as defined by the charter). Indeed, during the seventeenth and eighteenth centuries this was the vehicle that allowed the British Empire to prosper. The other route was for a company to be incorporated by Parliament. However, this route was both time-consuming and expensive and could only be justified in the case of very large undertakings such as the development of the railway. By the middle of the eighteenth century Britain was facing growing competition from its traditional European rivals (in particular France and Germany) and from the rapidly developing and industrialised United States of America. Indeed while the vast majority of Britains economic wealth rested in the hands of family run enterprises America was witnessing the creation of the conglomerate in the hands of such people as Andrew Carnegie (1835 1919) and J. P. Morgan (1837 1913). While Britain had the skills and abilities to compete, the inability for an individual or a group of individuals to raise capital to create comparable enterprises was strangling economic development. It was common practice to insert provisions within the charter of a trading corporation which allowed leviations on its members to pay the corporations debts, a factor which stifled entrepreneurial risk taking. Boyle and Bird in their book Company Law credit the legislation of the 1840s and the 1850s as being responsible for the creation of the registered company that we can recognise today and while those commentating on the Salomon v. Salomon Co. Ltd case make reference in particular to the 1862 Companies Act one could argue, persuasively, that it was the Joint Stock Companies Acts of 1856, the that provides the bedrock upon which the modern company was formed. This act consolidated and reformed previous legislation. It introduced the memorandum and articles of association while abolishing deeds of settlement and of equal importance it removed previous safeguards for limited liability. These changes in the law were in response to a particular economic reality, the need to finance growth. In conjunction with the skills of the entrepreneur and technological developments these changes helped to stimulate the economy by making it possible to raise capital for a business venture without facing the consequences of unlimited liability should the venture fail. Some thirty years later Mr Salomon, a manufacturer of boots and shoes and trading under the name A Salomon Co. sought to turn his business into a limited company. He adhered to all that was required of him under the Companies Act 1862. However, the judge suggested that the company had a right of indemnity against Mr Salomon, declaring the shareholders of the company were nominees of Mr Salomon. The counter-claim was amended accordingly. Vaughan Williams J. declared that the plaintiffs of A. Salomon Co, Limited or the liquidator were entitled to be indemnified by the defendant A. Salomon. It is interesting to note that his Lordship was attempting to lift the corporate veil, something that a number of courts have done against the backdrop of the House of Lords ruling on Salomon v. Salomon Co. Ltd in 1879. He stated that this business was Mr Salomons business and no one elses; that he chose to employ as agent a limited company; that he is bound to indemnify that agent, the company; and that his agent, the company, has a lien on the assets which overrides his claim(2) He went on to say In this case it is clear that the relationship of principal and agent existed between Mr Salomon and the company. 3) His Lordship had recognised and attempted to address what was to become one of the major exceptions (the company as an agent of an individual) to the Salomon v. Salomon Co. Ltd ruling, one which would allow future courts to legitimately lift the corporate veil. Mr Salomon appealed; but the appeal was dismissed thought the grounds for dismissal differed from those expressed by the lower court. Lindley L. J. ntimated that Mr Salomon had acted fraudulently when he said It is manifest that the other members of the company have practically no interest in it, and their names have merely been used by Mr Aron Salomon to enable him to form a company, and to use its name in order to screen himself from liability(4) His suggestion that a fraud had been perpetrated by A. Salomon was clarified when he said There are many small companies which will be quite unaffected by this decision. But there may possibly be some which, like this, are mere devices to enable a man to carry on trade with limited liability, to incur debts in the name of a registered company, and to sweep off the companys assets by means of debentures which he has caused to be issued to himself in order to defeat the claims of those who have been incautious enough to trade with the company without perceiving the trap which he has laid for them(5) While the case went to the House of Lords it is interesting to note that once again the court sought to lift the veil of incorporation in its attempt to discover a fraud which after 1879 would be considered another legitimate reason for lifting the corporate veil. The House of Lords ruling on Salomon v. Salomon Co. Ltd set the standard against which future cases would be judged. Lord Halsbury L. C. made it clear that it was not the courts role to interpret the Companies Act 1862, The sole guide must be the statute itself(6) He later went on to describe Vaughan Williams J. argument as a singular contradiction, Either the limited company was a legal entity or it was not. If it was, the business belonged to it and not to Mr Salomon. If it was not, there was no person and no thing to be an agent at all; and it is impossible to say at the same time that there is a company and there is not(7) Lord MacNaghten in addressing Vaughan Williams J. ssertion that the signatories to the memorandum of association were mere nominees of Mr Salomon said the Act requires that a memorandum of association should be signed by seven persons, who are each to take one share at least. If those conditions are complied with, what can it matter whether the signatories are relations or strangers(8) Addressing the issue of limited liability and Vaughan Williams J. comments he said If the view of the learned judge were sound, it would follow that no common law partnership could register as a company limited by shares without remaining subject to unlimited liability(9) He dismissed the Court of Appeals suggestion that Mr Salomon had acted fraudulently and went on to say It has beco me the fashion to call companies of this class one man companies. That is a taking nickname, but it does not help much in the way of argument. If it is intended to convey the meaning that a company which is under the absolute control of one person is not a company legally incorporated, although the requirements of the Act of 1862 may have been complied with, it is inaccurate and misleading(10) It was held that the appeal be allowed, and the counter-claim of the company dismissed with costs (both in this hearing and below). Both Vaughan Williams J and the court of Appeal saw it as the duty of the court to look behind the incorporation of the company. Each, for different reasons, felt that Mr Salomon was manipulating the machinery of the Companies Act, 1862 for a purpose for which it was never intended. 11) However, the House of Lords judgment firmly pulled down the veil of incorporation around the company and its members. It is telling, when Lord MacNaghten referring to Vaughan Williams J. comments on the case stated Leave out the words contrary to the true intent and meaning of the Companies Act, 1862(12) It is clear that Lord MacNaghten and his colleagues held that their role was merely to apply and not to interpret the Companies Act, 1862 and that any such interpretation by the courts was out with their jurisdiction. Nevertheless, later courts have found it necessary to lift the veil of incorporation and over the years there has been a number of exceptions to the principle laid down by the Salomon case that the corporation is a separate legal entity. Gonzalo Villalta Puig contends that the verdict reached by the House of Lords in the case of Salomon v. Salomon Co. Ltd created a double-edged sword. While the verdict helped to drive capitalism by established the company as a separate legal entity with limited liability and allowed it (the company) to enter into contracts in its own name it also helped promoted the evasion of legal obligations by allowing these benefits to be harnessed by small private enterprises. Goulding agrees with Puig but goes further by suggesting that individuals are encouraged to seek limited liability by becoming a limited company even when such a step is not necessary in their particular circumstances. These, and other criticisms have their basis in fact. In the years since the Salomon v. Salomon Co. Ltd ruling in 1879 there have been a number of instances where the strict interpretation of the law has been questioned in the courts and the courts have seen fit to look behind the corporate veil. Farrar, in his book Company Law outlines several categories under which the courts have sought to pierce the corporate veil, though he is quick to point out the courts have not done this in a systematic way. Rather than defining what is meant by the term incorporation and what it does and does not encapsulate the courts have examined this area on a case-by-case basis. As such, they have maintained the integrity of the Salomon ruling while providing a degree of flexibility but only on a case-by-case basis. It is therefore up to the individual/s who feel they might have a justifiable grievance to take that grievance to the courts and there present a persuasive argument for the corporate veil to be lifted in order that their grievance can be remedied. This in itself can prove very costly and time consuming. Believing one has a justifiable grievance might not be enough for a party to pursue their claim in court as the costs and time constraints might prove prohibitive. While this is not highlighted, by Farrar, it can nevertheless be considered a potential form of abuse.

Artist Statement Essay Example | Topics and Well Written Essays - 500 words

Artist Statement - Essay Example Some of the information include the creature habitats and habits. Further, nocturnal photos can be used in studying the rare animals that only come out at night because during the day they hide in their caves. These animals are known as nocturne creatures. Additionally, nocturnal photos on animals can be stored in archives for future reference thus act as a source of information to researches and zoology students in educational centres. In addition, this practice of taking photos is essential in establishing the near extinction animals. Thus helps to trigger the need to protect them from extinction by establishing measures that will mitigate the rate of extinction. However, nocturnal photos promotes art because it gives artisans ideas on what to draw and even curve thus enhancing creativity. Additionally, from the curves and the drawing future generations can learn about the creatures. Moreover, this photos in a way help to market countries to tourists who are in love with animals and wish to explore more. Through this, a country will receive an increase in the number of tourists visiting their nation, hence uplifting it gross domestic product. Furthermore, the characteristics that accompany the nocturnal photos can be of great use to game wardens by educating them on how to handle those animals effectively to avoid damage or injuries since some of them are poisonous. Secondly, nocturnal photos about human beings are taken in special occasions conducted during the night. Events like film shooting, fire bourn parties and many more. Therefore, these photos can be stored and referred to in future to remember the Good times in a person’s life. Thirdly, nocturnal photos about unique structural features are used to highlight the features of a nation. By doing this it will attract tourism to their states. This structural nocturnal photos can also be places in school libraries to teach the students

Human Resource Information Systems Essay Example | Topics and Well Written Essays - 1000 words

Human Resource Information Systems - Essay Example He travels frequently to various locations of the Castle’s Family Restaurant to carry out human resource functions. It is clear that Castle’s Family Restaurant needs a human resource information system. The Castle’s Family Restaurant is a high class business, and it employs the best employees in the market. According to Jonathan (2010), human resource information systems are critical for the performance of any human resource function. Issues of hiring, scheduling, recruiting, and responding to questions from the employees can be handled by such a system. Furthermore, this business needs a human resource information system to facilitate processing of payrolls (Jonathan, 2010). Using excel to process payrolls is rather backward for an organization in the caliber of the Castle’s Family Restaurant. Human resource specialists insist that a business should utilize a human resource information system for the best results (Wright, 2011). To cut down on costs and save on time, a human resource information system is vital (Conaty, Bill, and Ram, 2011). These systems make human resource functions run smoothly and in good time. Individuals do not need to work too hard like Mr. Jay Morgan when they acquire a human resource information system. In addition, this organization assumes that it is easier to use one person to handle two jobs. In this case, a human resource information system is the solution for the Castle’s Family Restaurant. This business is in need of an information system to help in managing human resource functions. There are the several problems that need to be resolved at the Castle’s Family Restaurant. The business does not have a human resource manager. This is because Mr. Jay Morgan ends up doing his work as an operations manager and is still the human resource person. The operations manager, Mr. Jay Morgan, is being overworked. Lower quality software used in human resource functions like payroll processing is a