Tuesday, August 25, 2020

Borders Group Inc. Case Study Essay Example

Outskirts Group Inc. Contextual analysis Essay Example Outskirts Group Inc. Contextual analysis Paper Outskirts Group Inc. Contextual analysis Paper Outskirts Group Inc. Educator: Simon Dekker Student: Yanhui Zheng Student ID: 021244231 Date: 02- - 2010 Introduction Borders Group Inc. is one of driving and notable retailers of books, CD, and other instructive things. Its thought is â€Å"To make more extravagant, additionally fulfilling lives through information and diversion. † In request to achieve its strategic, offer extra types of assistance to cause its client to appreciate spending in the store. Borders’ store isn't only a book shop that individuals go in, purchase books, and leave. More probable, it is a spot that individuals can unwind and learn information simultaneously. In spite of the stores all through across the nation, Borders additionally has stores in Australia, Malaysia, New Zealand, Oman, Singapore, and United Arab Emirates, and altogether surmised 600 stores. Its headquarter is situated in Ann Arbor, Michigan. Fringes Group Inc. ’s history can be followed by two brands: Borders and Waldenbooks. Lawernce Hoyt ran a lease library in 1933. Later in 1962, Hoyt opened first autonomous book shop named Walden Book Store. In 1971, a 800-square-foot utilized book shop named Borders Book shop was opened. In 1984, Waldenbooks was bought by Kmart Corporation, and in 1992 Kmart Corporation likewise consolidated Borders and named them as Borders-Walden Group. After three years, it was renamed as Borders Group Inc. , and moved headquarter to Ann Arbor. Late years, Borders can not contend with online venders, particularly Amazon. com. It begins to lose business, and needs to shut down stores so as to cut its costs. Presently, it is near chapter 11, and is setting up the records. As-is Condition As per Moneycentral. com, from 2001 to 2006, Border Group Inc. made estimated 100 million dollars consistently. Later it began to lose cash. In year 2009 and 2010, it boomingly lost 184. 7 and 110. 2 million dollars. Outskirts as a main customary book shop, its experience is a live model that shows the business life cycle for the convention book shop industry. Following roast represents the entire procedure. Chart1: Traditional Bookstore Industry Life Cycle Combining the Borders’ budget reports, it shows that during development period, Borders made a great deal benefit. Later on, due to the new innovation, the best approach to sell books and other related things is changed. Contrasted and the online deals, the customary book shop is escaping design, and the entire business is heading off to the decrease time frame, or even eliminate period. Inside this period, Borders began to lose business, and now can not work typically. Fringes can not resist the business life cycle, it needs to close its business or follow the new innovation. All things considered, Borders has just taken a few activities. News structure internetretaler. om, on August 1, 2010, CEO Mike Edwards declared that Borders was attempting to open a digital books store with 1. 5 million titles, and furthermore gave 38 million devotion program individuals impetuses. The objective was that around this time one year from now, it would take 17 rates of online market. Sadly, Borders didn't perceive the capability of online deals at the primary spot. By a similar time, its greatest online rival Amazon has just taken 90% piece of the pie. Following roast is utilized to represent the circumstance. Outline 2: The Impact of Speed to Market on Sales According to Moneycentral. om, in 2003 Amazon. com equaled the initial investment and made 35. 28 million dollars of net gain. After that it began to develop drastically, before the finish of 2010, the salary went up to1,152 million dollars. Amazon exploited new innovation, and made an early participant to the new market. At the point when the market was common, it previously claimed 90% piece of the overall industry before some different contenders understood the new pattern, for example, Borders, Apple and Google. ( dailyfinance. com/) Due to late participant, Borders is confronting extraordinary test. To summarize, new innovation powers conventional book shops lose rivalries. Then again, Borders missed the early contestant, and it is hard for Borders to get up to speed. Investigation Despite its rivals, Borders itself as of now gets a few issues. As indicated by its last year’s fiscal reports, Borders’ measurements and patterns is appeared as following outline: Chart 3: Borders’ Metrics and Trends in 2010 Current Levels| Item| Metric Description| first Q| second Q| third Q| fourth Q| Measurement| 1| Total sales| 1,016,200| 547,200| 507,900| 475,600| Monetary ? | 2| COGS %| 75%| 80. 30%| 80. 90%| 84. 80%| Pecentage ^ | 3| Admin cost/sales| 21. 40%| 25. 0%| 26. 20%| 30. 30%| Pecentage ^ | 4| Net Income| 59,900| 64,100| 46,700| 74,400| Monetary ? | It is evident that all out deals are consistently diminishing each quarter. What is more awful is that the expenses are expanding boomingly. Just 1 year the expense of products sold goes up by 10%, and operational exercises costs likewise is expanding. Of cause, the benefit is prop up down. Co ntrasted and Borders, Amazon is soaring developing. Its deals went up from 3. 1 billion out of 2001 to 34. 2 billion dollars in 2010, particular it developed by roughly 10 billion dollars in 2009. The most recent three years examination is appearing in the accompanying diagram: Chart 4: 2008-2010 Amazon. com’s exhibitions | 2008 | 2009 | 2010 | Total sales| 19,166,000 | 24,509,000 | 34,204,000 | COGS %| 77. 72%| 77. 43%| 77. 65%| Admin/sales| 17. 89%| 17. 96% | 22. 34% | Net pay | 645,000â â | 902,000â â | 1,152,000â â | Amazon didn't just make more deals or benefit, it additionally had obviouly lower cost of merchandise sold and administrator/deals proportion. Most significant thing is Amazon despite everything developing while Borders as of now goes to the downturn and needs to shut down stores in the truth. Coming up next is Borders’ â€Å"Causes and Effects† outline. Outline 5: Borders’ Causes and Effects Diagram Compared to virtual book shop, the physical book shop needs more staff to keep up, and needs to pay leasing, utility, cleaning, and others. Accordingly, it is too costly to even think about holding the customary stores, particularly when it can not make benefit. Dislike online deals that the client simply need to culmination his/her charge card data, the clients need to remain in line to pay for the things. On the off chance that clients decide to buy on the web, they don't have to head to store. They just need a PC and web. Without PC, advanced mobile phone, iPod, or different gadgets can access to web additionally works. It likewise is simpler to search for a book on the web. Contrasted with online deals, customary book shop has more procedure and different burdens before making a deal. In agreement to online dealers, Borders’ workers need to accomplish more so as to make a deal, while online venders simply need to deal with the conveyance and client care. Outskirts supervisory group understands the pattern of online deal, yet it is as of now late to exploit early participant. Toward the end, the items sold in book shop for the most part are progressively costly, and furthermore Amazon has significantly more various things, not just instructive stuff. In 2010, the supervisory group realized the estimation of online store, and attempted to passage the online retail industry. Following is the Borders digital book transformational process. Graph 6: Borders’ digital book Transformational Process Inputs eBooks 1. 5 million titles, clients Transformational process Outputs Make deals Amazon 90% piece of the pie; Apple and Google 38 million steadfastness program individuals incensive Feedback Measurement Adjust Fringes intended to open an e-Books’ store with up to1. 5 million titles by 2011. In extra, the supervisory group came out an escalated arrangement which Borders would part with 38 million dollar to its devotion individuals. This arrangement will urge some client to go to Borders online store. In any case, Borders’ exertion is extraordinarily sway by the online retailers’ pioneer Amazon, which as of now takes 90% of digital books showcase. Notwithstanding the enormous piece of the pie of Amazon, Apple and Google are additionally taking a shot at online book shop. As indicated by Sarah Weinman, Amazon’ piece of the pie will drop to 35% by next 5 years. At the nd of 2010, because of Apple and Google, Amazon is probably going to go down to 72%. Notwithstanding, Amazon’s e-Books’ income will be triple by 2015. This is has both acceptable and reaction. The uplifting news is Borders despite everything can take piece of the overall industry from Ama zon diminishing offer. The terrible news is Border still one stage behind Apple and Google, its rivals likewise ought to incorporate Apple and Google. Outskirts put its digital books asset and customers’ relationship into contribution, in addition to its motivating force exertion. It is definitely that Borders will get a great deal client to help its online store. Be that as it may, its rivals, particularly Amazon. om as of now assumes control over the market. Fringe despite everything has long path before it can develop to certain level. Proposed improvement When new innovation coming out, it generally brings a great deal challenge to the old business. Here and there, it replaces the entire business. Different occasions, the two of them can endure. Much the same as radio, and TV. At the point when they originally came, individuals begin to stress that there is a bad situation for paper. As a matter of fact, they challenged the paper business, yet later on new parity came out paper despite everything existed. Online retail book shop is actually same as the radio and TV. It brought a downturn to the customary book shop; for example, Borders shut down around 200 stores a year ago. It is irreversible that customary book shop are setting off to the decay time frame. Nonetheless, there still is some spot for conventional book shop. Contrasted and Amazon, clearly the purpose behind Borders to lose cash is greater expense of products sold and administrator cost. Accordingly, the key point for Borders physical book shop to endure is to cut its expense of merchandise sold and administrator cost. In the event that Borders can not essentially cut the cost, its book shops must be shut. Outline 7: cost decrease process T

Saturday, August 22, 2020

Later Adulthood Development Report Essay Example for Free

Later Adulthood Development Report Essay Maturing happens in each phase of life, and as grown-ups become more seasoned and move starting with one phase of adulthood then onto the next numerous new changes can happen in their regular day to day existences. The progress from center adulthood to later adulthood can bring an unheard of level of changes to an individual’s life. The maturing procedure remembers changes for jobs and social positions, considering living lodging with medicinal services needs, progressing from work life to retirement, changes in social approaches, and changes involved with relatives and companions. As maturing happens people notice a various measure of changes in their lives. A portion of those progressions happen in their jobs and social positions. As an individual ages they may start to see both physical and mental changes that decline their capacity to do exercises in their every day schedules. A person who was at one time the pioneer of organization gatherings may see that they are not, at this point ready to hear or see things just as they were previously, and they will most likely be unable to process their contemplations as fast. They may likewise see a deferral in their response time. While a few people may accept it is a direct result of a clinical issue, it could simply be a direct result of maturing. As maturing proceeds all through later adulthood people may likewise see changes in their physical appearances, for example, free or wrinkly skin and a diminishing in muscle tone. All through life people may choose to move starting with one spot then onto the next to encounter what it resembles to live in another spot. As people age their wellbeing begins to decrease, and sometimes, a few families need to settle on the choice to place their friends and family in a nursing home or recruit a nursing staff to do home visits. At the point when the wellbeing of a friend or family member turns into an issue relatives need to ensure they are getting theâ proper care they have to guarantee their friends and family are protected and their wellbeing needs are being met. Some old people can experience life and not need any sort of help thinking about themselves, yet a few people become ill and can't appropriately deal with themselves any more. Alzheimer’s and Dementia are two of the most noticeably terrible illnesses an individual can create as they age. Once Alzheimer’s or Dementia truly set in the individual begin to overlook life as they recently knew it. They no longer perceive their family or companions and make some hard memories recollecting that anything about their lives. As indicated by the Alzheimer’s Association there are three phases to Alzheimer’s ailment, the early, center, and late stages. In the beginning periods of Alzheimer’s malady an individual may even now work just as they did before they realized they had the ailment, â€Å"He or she may at present drive, work, and be a piece of social activities† (Alzheimer’s Association, 2015). As indicated by the Alzheimer’s Association, â€Å"The center phases of Alzheimer’s are normally the longest and can keep going for some years†. The third, and last phase of Alzheimer’s, the late stages, as indicated by the Alzheimer’s Association, â€Å"may keep going for a little while or quite a while and requires serious are the clock care†. As Alzheimer’s advances the individual may encounter indications, for example, outrage, uneasiness, wretchedness, mind flights, memory misfortune, disarray, redundancy, and physical inconvenience. As Alzheimer’s gradually begins to assume control over the individual it gets increasingly hard for both the individual and the family to manage the progressions that are happening. That is the reason it is so critical to ensure there is a prepared clinical expert on location consistently to mind and solace the individual managing the sickness. The progress from working life to retirement can be a troublesome procedure for certain grown-ups as they battle to acknowledge the progressions that will happen in their way of life. Be that as it may, then again, retirement can likewise be a pleasant time for certain grown-ups as they consider it to be a chance to do things they love without agonizing over work meddling with their arrangements. Some maturing grown-ups make some hard memories adapting to the idea of retirement due to the extraordinary change in pay and they don't have a clue what to do withâ all the additional time they will have for the duration of the day. While the adjustments in salary between a week after week or every other week check extraordinarily contrast from their past calling and the measure of cash got through government disability, most businesses offer a 401K reserve funds intend to help with retirement and life subsequent to working. Social approaches were placed in propriety to guarantee that anybody in need can have their necessities met. These requirements can incorporate clinical, wholesome, and pay needs. The legislature has financed projects, for example, food stamps to help families everywhere throughout the nation give food to their families. Other government projects, for example, Medicaid and Medicare are flawless to help spread clinical costs for individuals who can't manage the cost of wellbeing or dental protection. With regards to the old, social projects, for example, Social Security and the Older Americans Act were put flawless to guarantee the old (anybody matured sixty five or more established) can monetarily bolster themselves. Social arrangements are an incredible method to guarantee people are appropriately dealt with and can bolster themselves. Family is always, and no one ought to ever feel as though they need to experience life alone. As we age it is essential to recollect how significant our loved ones truly are to us. We spend our entire lives scanning for somebody to spend the remainder of our lives with and to assemble a family with, yet as we age and individuals in our families begin to pass on individuals start to feel forlorn. Losing a nearby relative or even a companion can leave people with a sentiment of dejection or even sorrow, â€Å"Most individuals seventy years old or more established are bereaved, separated, or single† (Zastrow Kirst-Ashman, 2010). Grandparents and incredible grandparents ought to never need to feel like they are immaterial or undesirable by their families. As people develop and go on with their own lives they ought to consistently keep on keeping in contact with everybody in their family, yet they ought to particularly ensure their grandparents and more established relatives are sound and all around dealt with. The progressions that happen all through our every day lives are setting us up for the following phase of life. As people age they experience new things and learnâ new things about themselves. A few people dread maturing as they dread they will not, at this point have the option to appropriately think about themselves any more, however with the affection and backing from our families the sky is the limit. The maturing procedure remembers changes for jobs and social positions, considering living lodging with medicinal services needs, progressing from work lifeâ to retirement, changes in social arrangements, and changes involved with relatives and companions. Maturing is only one of the numerous parts of life that everybody needs to manage, and it is dependent upon us to decide how we need to manage it and let it influence our regular day to day existence. References: Alzheimer’s Association. The Stages of Alzheimer’s. Recovered from: http://www.alz.org/living_with_alzheimers_4521.asp U.S Department of Health and Family Services. Thinking about Frail Elderly People: Policies in Evolution. Recovered from: http://aspe.hhs.gov/daltcp/reports/chap14.htm Zastrow, C.H. Kirst-Ashman, K.K. (2010). Understanding Human Behavior and the Social Environment (eighth Ed.)

Friday, August 7, 2020

Interested in Transferring to Illinois - Illinois Admissions Blog

Interested in Transferring to Illinois - Illinois Admissions Blog So, you’re interested in transferring to Illinois. This is a great place to start in order to ensure that you have all of your bases covered. In this blog, I’ll discuss the transfer application process as well as some really helpful resources for students looking to transfer to Illinois. Do Your Research Requirements for transferring vary depending on your credit level and intended program of study. Our Transfer Handbook lists all of our required and recommended courses as well as any minimums in terms of GPA or credit level, while our Transfer Requirements Directory gives you a quick overview of course and GPA requirements. If you took AP, IB, or A-Level exams, you can also review our credit equivalencies. If you are a current in-state student, you should reference iTransfer. Transferology If you’re wondering which of your courses will transfer to Illinois, look no further than Transferology! Transferology will help you determine which courses transfer to Illinois, while planning guides show you how your transfer credit can be used in an Illinois program of study. If you don’t see your course listed on Transferology, it doesn’t mean that it doesn’t transfer; it just means that nobody has ever transferred that course before. If this is the case, we may request a copy of your syllabus, so I would recommend holding onto those through your time at your current institution. Please note that the documents listed on Transferology don’t constitute a contract between you and Illinois, and that transfer credit for fine art skills courses are subject to audition and placement exam or portfolio review. If you have questions about general education requirements you can also email us at TransferAdvising@Illinois.edu. Open/Closed List Before you apply, you’ll definitely want to confirm that your intended major is currently considering applicants at your level. To do so, you can view our Open/Closed List. Applying Now that all of your prep work is done, you can look more into the application process. Our application for Spring 2019 opens on September 1 and closes on October 15, and our application for Fall 2019 opens on December 15 and closes on March 1, with an early action deadline of February 1. We do have rolling admission for transfer students, meaning it’s likely that the earlier you apply, the earlier you will receive your admission decision. For Spring 2019, you should hear by November or December, and for Fall 2019, you should hear by March or April. For more information about how we review transfer applications, visit our website. Hopefully I’ve answered any questions that you have regarding transfer admission here at Illinois. If not, feel free to leave a comment and I will get back to you as soon as possible. Finally, dont stress out too much during the transfer application process. Stay relaxed (just like this cat)! Zoe Transfer Recruitment Coordinator, Undergraduate Admissions I help transfer students navigate our application and admission process. I have a background not only in admissions but also in financial aid. I'm originally from southeastern Michigan.

Saturday, May 23, 2020

Marine Ecosystem - 1607 Words

The earths oceans provide an enormous range of resources and affect the quality of life as we know it. The oceans cover approximately 70 percent of the surface of the earth and have a cyclical effect on weather, e.g. temperature, precipitation and air quality. Regardless of your views on global warming, the fact remains that humans have an impact on the marine ecosystems through waste from chemicals and debris polluting this vast renewable resource. Based upon current scientific evidence, emissions of greenhouse gases from human activities are projected to cause significant global climate change during the 21st century. Such climate change will create novel challenges for coastal and marine ecosystems that are already stressed from human†¦show more content†¦However, the total amount of energy in the universe available to do biological work is decreasing over time.This law plays into the fact that energy in life-organisms is decreasing over time. If this were not the case th en, these organisms would live forever. Instead the law is biological creatures are born and they die. Energy can only be transferred. It cannot be created or destroyed. In the marine life-system this is as evident as in any other life-system. Benthos relies on nekton just as much as plankton. They are all locked in a complicated yet simple dance of consumption, reproduction, and death following in decomposition. This can be translated into energy examples such as taking in energy through capturing, transferring energy as in reproduction and dispersing energy back into the general eco system by death. Abiotic factors are elements of an ecosystem that are non-living but still have an impact on the environment. Some examples of abiotic factors that impact the marine ecosystem include: water temperature, sunlight, ocean currents and the salinity of the water. Biotic factors in the marine ecosystem are the living organisms, which include plants and animals. Biological evolution accounts for the diversity of species developed through gradual processes over many generations. Many species develop their unique characteristics through biological adaptation, which involves the selection of naturally occurring variations in populations. Biological adaptationsShow MoreRelatedMarine Ecosystems4156 Words   |  17 PagesRocky Shore Ecosystems- Point Cartwright Nicolas Cuny 11B Mr. Nisbett Due Date: 03/09/2010 Introduction: On the 23rd of August, the three biology classes or grade 11 at Redlands College visited the rocky shore ecosystems at Point Cartwright in Queensland. Two different types of rocky shore ecosystem were examined, the rock pool area, and the boulder area. We first examined areas within the rock pool area. The rock pool area has several specific featuresRead MoreEndangered Species Of Marine Ecosystems1616 Words   |  7 Pagesholds in a fishery. This policy will enable controlled fishing (Solliman, 2014). Endangered species of marine ecosystems can also be restored in an artificial way. This is a practice that ensures all species will coexist in many years to come. Through this practice different species are introduced in a new habitat. Here they are mingled with native species. This enables a specific ecosystem to have variety of different species. It is this practice that ensures predators do not run out of food.Read MoreHealth And Sustainability Of Marine Ecosystem Degradation1026 Words   |  5 Pagesto â€Å"conserve and sustainably use the oceans, seas and marine resources for sustainable development.† Targets 14.1, 14.2, 14.3, 14.4, 14.5 and 14.a, aim to improve the health and sustainability of marine ecosystems by a specified date, and avoid adverse impacts to the environment by addressing specific kinds of marine pollution. These are measurable in so far that it is scientifically possible to quantify nutrient pollution, ocean acidity, marine debris, biodiversity etc. , across space and time, asRead MorePlastic And Its Effects On The Marine Ecosystem2990 Words   |  12 Pagesamount of space and poisons animals. The overflow of plastic eventually makes its way into the ocean and is affecting marine life at an alarming rate. Plastic debris pollutes oceans all over the world as it breaks down into smaller pieces and are ingested by a large range of species. Animals exposed eat the plastic products and it causes health problems throughout the marine ecosystem. Some humans rely on these animals for food without knowing that they have been exposed to toxic products. The smallestRead MoreThe Effects Of Ocean Pollution On The Marine Ecosystem1517 Words   |  7 Pages Ocean pollution comes in many forms with each having some sort of effect on the marine ecosystem. Ocean pollution is destroying earth s waters, because its killing populations of organisms in the water all over the ocean, Its destroying coral reefs and water is being contaminated with oil,garbage and chemicals.Which in turn is destroying organisms all over the ocean. For the purpose of this paper, it will be logical to categorize these pollutants into three main areas; garbage, chemical, and noiseRead MoreMarine Ecosystem Causes of Degradation and Case Studywhat Is the Marine Ecosystem? Marine Ecosystems Are Among the Largest of Earths Aquatic Ecosystems. It Covers Almost 70% of the Earths Surface. They Include Oceans,2043 Words   |  9 PagesWhat is the Marine Ecosystem? Marine ecosystems are among the largest of Earths aquatic ecosystems. It covers almost 70% of the earth’s surface. They include oceans, salt marsh and intertidal ecology, estuaries and lagoons, mangroves and coral reefs, the deep sea and the sea floor. They can be contrasted with freshwater ecosystems, which have a lower salt content. â€Æ' Why is the Marine Ecosystem important? Marine ecosystems are very important in to the overall health of both marine and terrestrialRead MoreImpact Of Overfishing On Marine Ecosystems And Human Culture1724 Words   |  7 PagesIntroduction Overfishing occurs when fish are being caught faster than they can reproduce and replace themselves (Lee and Safina, 1995, pg.5). It greatly affects biodiversity of marine ecosystems and human culture. Impacts of Overfishing Overfishing can impact marine ecosystems and communities that rely heavily on marine mammals. Large reductions in population sizes of marketable fish species caught yearly may significantly create economic stress within fishing communities, especially if they mainlyRead MoreHumans Are Wiping Out the Marine Ecosystem Essay771 Words   |  4 PagesOur ecosystem is in danger. Fish, corals, octopuses, turtles, and even whales are dying. One may ask why: humans. Humans are wiping out multiple ecosystems on a daily basis. If this atrocious rate of marine life genocide continues, the human race probably won’t be able to have fish on their dinner plates in approximately a hundred years. The water is murky, and life is fading away. Several factors act as a cause for this catastrophe. For example, the annihilation of marine organisms is kindled byRead MoreThe Negative Effects of Humans and Nature on Florida’s Marine Ecosystems2047 Words   |  9 Pagesone large marine ecosyste m. Florida is one big sand peninsula located below the 40th longitudinal North American line. Three bodies of salt water (Gulf of Mexico, Strait of Florida and Atlantic Ocean) surround three out of four directions of Florida. Man-made canals, natural lakes, rivers and estuaries are confined within the State of Florida’s physical boundaries. All of these form an interlocking system of waterways that impact the interconnected marine environment (marine ecosystem). All ofRead MoreA Successful Marine Biologist That Specializes The Natural Beauty Of The Oceans Ecosystem852 Words   |  4 Pagesimpossible to reach such a far fetched goals. My main goals or â€Å"dream goals† that I am currently striving for are career based, and those goals are to one day become a successful Marine Biologist that specializes in cetaceans, marine mammals, while also trying my hardest to converse the natural beauty of the oceans ecosystem. Now this may not be the most finically sound job , or even easily achieved career, but for me it is not about the money or easy way. Would I prefer that I have a high income? Yes

Tuesday, May 12, 2020

My First Observation On The Classroom Arrangement

Introduction My second observation was completed at Arts Based Elementary where I observed Alysha Christian and her third grade class. During my observation I saw a lot of techniques that I know are important to help kids with literacy like: a read aloud, a reading section filled with books, and a great teacher. Mrs. Christian. There topic that day was plants and Mrs. Christian did a read aloud, Mrs. Maple’s Seeds, that helped the students learn more about seeds then they watched a video that also helped them learn about seeds. Mrs. Christian incorporated many different types of activities, instruction, and strategy to make for a great lesson! Classroom arrangement Mrs. Christian’s classroom was a lot smaller than Mrs. Payne’s at Caleb’s Creek (who I observed first) but she did make good use of her space. There were three sections of about five desk pushed together to make a table. In the front there was a board where Mrs. Christian could show videos or put notes up. In the back was the rug where they did their read aloud. There was also a small reading section, with tons of books for the students to read. I did not really notice a writing section, but I was sitting at a small table in the back that could have maybe been used as a writing section. Though, I am not sure. On the walls there were tons of art work, most of it was done by the students. She also had these trees on her wall that were designed with different colored plates. The plates were used to representShow MoreRelatedTeaching Technique For Students With Learning Disabilities Essay1697 Words   |  7 PagesMy research started by observin g the teacher leading the After School Action Program (ASAP) in which I volunteer. Teaching methods were administered to all students to include students with disabilities. While conducting my observation, several questions arose which lead to my research. Finding the appropriate teaching technique for students with learning disabilities will benefit all level students which will inevitably help in filling the gap within the general education system. First, I willRead MoreI Am Observing For The After School Action Program Essay1724 Words   |  7 Pagesskills. In this program, there are approximately 12 students, which 4 students have learning disabilities. Research has been conducted by my observation of various techniques implemented for the inclusion of these students. During my observation, several approaches have been used with success in retaining students understanding of the material being presented. First, as a student whose major is ECL-6 Special Education, I want to stud y different approaches to which teachers implement on students withRead MoreStudy of Increasig the Number of Students to Class Timetables1571 Words   |  7 Pagespast research which is related to my studies and try to use it to guide me as long as my research is running. Therefore, I have chosen the review from Massachusetts 2020 which is studies on the effects of longer classes on learning. During my studies, I want to focus this research among the degree level students in KPTM KL. Just now, there are 673 students that are registered in this college. However, I will choose only 100 of them as my respondent to ensure my research is running well as I plannedRead MoreClassroom Observation Essay723 Words   |  3 Pagesto do field work and observe a classroom in order to acquire the ability to recognize different behaviors, procedures, and routines. Observing allows one to witness fundamental learning strategies and child development firsthand. With that being said, on October 24, 2 017, I spent my first full day at P.S. 45, formally known as John Tyler. Upon my entry into the school, I was assigned to room 213, which is a third-grade classroom General Education (General ED) classroom. Unfortunately, the cooperatingRead MoreAdvanced Seminar On Early Childhood Special Education810 Words   |  4 Pages DIFFERENTIATED CURRICULUM PROJECT PART A ADVANCED SEMINAR IN EARLY CHILDHOOD SPECIAL EDUCATION ECPSE 731 PROFESSOR: MONICA GIGANTE FEBRUARY 25, 2015 ADIE S. JAMES (SHARON) Overview Observation and interview for this assignment were conducted at P.S. 95Q – The Eastwood School, a New York City Department of Education public elementary school, located at 179-01 90th Avenue, Jamaica, N.Y. 11432. The hosts grades Kindergarten to 5th Grade, and has a population of 1,484 students.. School personnel includeRead MoreEffectiveness Of Current Behavior System1431 Words   |  6 Pagesgreatest strengths of this classroom, as indicated by the self-assessment, is the clear and consistent routines. This category received an overall average rating of 85%, with no single criteria falling under an 80% rating. Consistent routines can help prevent management problems because the activities run smoothly and efficiently and students are familiar with the expectations associated with each routine activity (Scheuermann Hall, 2016). This is apparent in this classroom as most students are onRead MoreClinical Supervision Cycle1666 Words   |  7 PagesDanielson (2010) says that teaching describes not only the teaching that occurs in the classroom but also the behind-the-scenes work of planning and other professional work, such as communicating with families and participating in a professional community. The Framework for Teaching encompas ses all of these aspects and more within the teacher evaluation process. Administrators should enter a teacher’s classroom with the idea that the teacher is a terrific teacher. Preconceived optimistic feelingsRead MoreHow Teachers And Students Communicate And Teaching More Effective Through My Field Work Observation Essay1595 Words   |  7 PagesAs a student for 20 years in China, I am used to the quiet classroom that almost only teachers are talking all the time. However, since I came to Canada, I never had any classroom that does not encourage students to share ideas and generate arguments. The communication in and outside class makes a great difference for my learning experience. I started to realize my value and build my own voices through these talking with my classmates and teachers. I believe by including effective communication inRead MorePersonal Teaching And Learning Philosophy1312 Words   |  6 Pagesaddition, subtraction, multiplication and division. Social, emotional and moral development. Learning involves more than cognitive development. Children gradually build a sense of self-identity and self-esteem. Drawing on my own teaching philosophy in early childhood teaching, my focus in teaching will be children’s personality and morality development. According to Erikson’s theory of psychosocial development (1950, as cited in Marsh, Clarke Pittaway, 2015a), children experience three stages ofRead MoreTheories About How Students Should Learn1728 Words   |  7 Pagestheories about how students should learn, I believe that the theories I had were based on what I had witnessed in previous observations and what I had learned about in previous classes. Throughout this semester in the STR program I have discovered much of what I believed is just that a theory and won’t work in all situations. For example, in one of my earlier field observations I witnessed a teacher who would push her students to their extreme li mits. I thought this was great except looking back she

Wednesday, May 6, 2020

Analysis of Oxygen Bearing Compunds Free Essays

Analysis of Oxygen bearing Organic compounds Abstract The Unknown sample in the experiment can be tested to yield results such as 1 ° (primary), 2 ° (secondary), 3 ° (tertiary) alcohols. Tests such as the dichromate test, Tollen’s test, Lucas test, DNPH test and iodoform test would be very useful in determining the type of alcohol that the unknown sample belongs to. In the experiment, the unknown sample underwent series of testing to identify what property of alcohol it belonged to and the result was that it was a primary alcohol. We will write a custom essay sample on Analysis of Oxygen Bearing Compunds or any similar topic only for you Order Now It went through the Dichromate reaction, Tollen’s reaction and finally the Lucas reaction. Introduction â€Å"The analysis of oxygen bearing organic compounds† is an experiment in which a variety of tests are available to identify a compound’s property whether it is a primary, secondary or tertiary alcohol. The tests that are included to come up with such results are interconnected with one another like that of the Dichromate test, followed by the Tollen’s test to yield an aldehyde if positive for mirror coating. The second set of procedure would again start with The Dichromate test, followed by the Tollen’s test and finally the Lucas test to yield either primary alcohol if it became turbid or secondary alcohols as it’s result if it did not turn turbid. The last set of interconnected tests were that of again, the Dichromate test, Followed by the DNPH that would determine if the unknown sample is a Ketone (positive for red-orange precipitate) or a tertiary alcohol (if negative for red-orange precipitate). But before going deeper on what these tests are, what first are the difference between their results which are the primary, secondary and the tertiary alcohols, aldehydes and ketones? Alcohols are compounds in which one or more hydrogen atoms in an alkane have been replaced by an -OH group. Note however that there are different kinds of alcohols and Alcohols are categorized into different classes depending on how the -OH group is positioned and arranged on the chain of the carbon atoms. Chemical differences between the various types are possible. First to be discussed would be the Primary (1 °) alcohol, in which the carbon carrying the -OH group is only attached to one alkyl group. Meanwhile, In a secondary (2 °) alcohol, the carbon with the -OH group attached is joined precisely to two alkyl groups, these alkyl groups that are attached to the carbon chain may be the same or different. In a tertiary (3 °) alcohol, the carbon atom holding the -OH group is attached directly to three alkyl groups, which may be any combination of same or different [1]. On the other hand, another result that can occur would be the presence of ketones and Aldehydes. But again, to understand the experiment further, what are Ketones and aldehydes? A ketone can be characterized as either the functional group categorized by a carbonyl group (O=C) attached to two other carbon atoms or it can be identified as a chemical compound that contains a carbonyl group. A carbonyl carbon bonded to two carbon atoms makes ketones different from carboxylic acids, aldehydes, esters, amides, and other oxygen-containing compounds. The double-bond of the carbonyl group distinguishes ketones from alcohols and ethers. The simplest ketone known is acetone [2]. Lastly among the results is the aldehyde. The term aldehyde seems to have arisen from the wordds alcohol dehydrogenated. Way back in earlier times, aldehydes were at times named after the corresponding alcohols, for example, vinous aldehyde for acetaldehyde. (Vinous is from Latin vinum = wine, the traditional source of ethanol; compare vinyl. ). An aldehyde is an example of an organic compound which has a terminal carbonyl group. This functional group, which consists of a carbon atom bonded to a hydrogen atom and double-bonded to an oxygen atom (chemical formula O=CH-), is commonly called the aldehyde group. The other names for aldehyde group are formyl and methanoyl group. The aldehyde group is considered polar. Oxygen, which is more electronegative than carbon, pulls the electrons in the carbon-oxygen bond in the direction of itself, creating an electron deficiency at the carbon atom. Owing to resonance stabilization of the conjugate base, an ? -hydrogen in an aldehyde is more acidic than a hydrogen atom in an alkane, with a typical pKa of 17 [3]. Results and discussions The experiment included parallel testing of 3 liquids that would be used for comparison. the first sample would be the unknown sample, the second would be the positive standard in which formaldehyde was used and the last wold be the negative sample in which the simplest ketone, Acetone was used. Only three test were used to determine whether the group’s unknown sample was under the category of primary, secondary, tertiary alcohol, aldehydes or ketones. The three tests were done one after the other in this order: Dichromate test, Tollen’s test, and Lucas test respectively. In the Dichromate test, the unknown sample and the formaldehyde turned green meaning that dichromate oxidized the primary alcohol, secondary alcohol, and aldehydes to ketones or carboxylic acids. Samples turning green would be an indicator that the samples are positive for oxidation and therefore are oxidizable. On the other hand, the acetone remained orange which means that it is not oxidizable and can be further continued to another test, the DPNH test which would prove that it is categorized as a ketone because of the presence of a red-orange precipitate that indicates that the DPNH reagent condenses with the carbonyl containing molecules. The second test that followed the Dichromate test was the Tollen’s test. In this test, the unknown sample turned clear gray and the formaldehyde turned into a dark grey liquid with silver streaks. The silver streaks are similar with the silver mirror coat that means that the Tollen’s reagent oxidized the ammonium salts of the carboxylic acids with this, the formaldehyde was categorized as an aldehyde. Alternatively, The clear grey liquid of the unknown sample would indicate that it was not positive for the Tollen’s test and therefore it would need to continue to be tested so as to decipher if it is a primary or secondary alcohol. The last test would be the Lucas test in which the unknown sample did not turn turbid and therefore it was concluded to be a primary alcohol. Together with the unknown sample that did not turn turbid was isopropyl and MeOH which just remained as clear liquids. then again, the sample liquid that turned turbid was the tertbutyl. By this reaction, it is said that alcohols are converted to alkyl chlorides with ZnCl2 taking into consideration too that different alcohol types respond at different rates with ZnCl2. Table 1. Chemical Test |Unknown sample |Standard (+) |Standard(-) | |Dichromate |*unknown sample turned green |*formaldehyde turned green meaning |*Acetone remained orange meaning it| | |meaning it it oxidizable |it is oxidizable |is not oxidizable | |Tollen’s |*unknown sample turned clear gray |*formaldehyde turned dark gray with|*acetone turned very light grey | | | |silver streaks. then turned clear. | |Lucas |*unknown sample did not turn turbid|*Tertbutyl-turned turbid fast |*Acetone- Clear; already not | | | |*Isopropyl-clear |applicable since it is a ketone. | | | |*MeOH-clear | | Experimentation A. An unknown sample was given and it should be parallel tested with two other standards- one would be positive and one would be negative. B. The Dichromate test started the experiment. 8 drops of the unknown sample as well as the the two other standard- formaldehyde and Acetone was placed in separate test tubes addind 2 drops of of 10% K2Cr2O7 and 5 drops of 6M H2SO4. C. The Tollen’s test followed. 2 ml of freshly made Tollen’s reagent and 5 droops of the unknown sample were mixed. After 5 minutes and the silver precipitate did not form yet, it was placed in a 70 degree water bath for another 5 minutes. Then the results were observed. D. The last test was the Lucas test in which the iunknown sample, tertbutyl, isopropyl and MeOH was tested all at the same time. 5 drops of the sample was and 15 drops of concentrated HCl was mixed together with a â€Å"corn grain† amount of ZnCl2 solid and the appearance of turbidity was observed or not. Conclusion: It can be concluded that the unknown sample that was given to be tested was an oxidizable, primary alcohol based on the tests that were conducted. Since it was positive for the dichromate test, it was deemed to be oxidizable. In the Tolle’s test, as it did not produce a mirror coat, it was directed to the choice of being a primary or a secondary alcohol. And for the last test, the Lucas test, it was finally concluded that it was a primary alcohol since it did not turn turbid. References: Books: †¢ Timberlake, Karen C. , â€Å"General, Organic, and Biological Chemistry Structures of Life,Platinum Edition†, Pearson Education, Inc. , 2004 †¢ Bettelheim, F. A. , [et al. ], â€Å"Introduction to organic and biochemistry. 6th ed. †? Belmont, CA : Brooks/Cole, c2007 †¢ Wade, L. G. , . â€Å"Organic chemistry 6th ed. †. Upper Saddle River, N. J. : Pearson Prentice Hall, c2006. Additional On-line sources: †¢ [1] Clarks, j. (2003). Alcohol oxidation. Retrieved September 8 2008 from http://www. chemguide. co. uk/organicprops/alcohols/oxidation. html †¢ [2] N. A, (24 August 2008). Ketones. Wikipedia ®. Retrieved September 8 2008 from http://en. wikipedia. org/wiki/Ketones †¢ †¢ [3] N. A, (31 August 2008). Aldehydes. Wikipedia ®. Retrieved September 8 2008 from http://en. wikipedia. org/wiki/Aldehydes How to cite Analysis of Oxygen Bearing Compunds, Essay examples

Friday, May 1, 2020

Corporations Law Principles

Questions: 1. Richard, along with his two sons, has to face the legal issue regarding, What steps are required to incorporate and register a company in Australia? 2. Whether Terry can take any action against Lazarus Pty Ltd, CMS and CM, or not? Answers: Introduction In Australia, there are majorly four types in which the business can be undertaken and these include sole trader, trust, partnership and corporation. The needs and requirements of the individuals finalize the type of business structure elected by such individuals (Australian Government, 2016). The company form of business has various advantages, including tax benefits and raising capital from public. To provide the advice to Richard and his two sons, regarding the selection of company/ corporation as a type of business for converting their family business, the various aspects relating to the incorporation, as well as, registration of the companies in Australia, have been elucidated. A tort is a civil wrong, under which the actions of one person, result in a loss for the other person. In Australia, negligence is considered as a tort law (Latimer, 2012). For the actions of one party, the other party can be held liable. These are cases when the court finds it justified to lift the corporate veil, to deliver the proper justice. In the following parts, the advice has been formed for Terry regarding the success of his claims against Lazarus Pty Ltd, CMS and CM. 1. Rule The Corporations Act, 2001 (CA) presents the various provisions, which are applicable over the incorporation and the registration of the companies in Australia. The first step in this regard is to finalize the type of company, which the person wants to elect. Broadly, there are two types of companies, as per section 112 of CA, public companies and proprietary companies. There are four sub-classifications of public companies, i.e., no liability company, no liability company, limited by guarantee, and limited by shares. On the other hand, the proprietary companies are classified into unlimited with share capital and limited by share (Australian Government, 2017). Though, the proprietary companies are not allowed to sell their shares to the general public, which is not the case in public companies (Australian Institute of Company Directors, 2016). The next step in incorporation of the companies is the selection of the name. There are certain things, which have to be kept in mind, while selecting the name of the company. The name of the company cannot be identical to a pre-existing name as per section 147 of CA. The availability of the name can be checked online. Under section 148 of CA, the name of the company can be selected on the basis of ACN or the Australian Company Number or on the basis of name availability. Moreover, the name of the company has to be affixed with the specified terms, which denote the type of company. For instance, a no liability company must have No Liability, unlimited proprietary company must have Proprietary, limited company has the term Limited, and a limited company has the term Limited at the end of the company name. When a name is finalized, an application has to be made to the ASIC, as per section 152, to reserve the selected name (Australian Government, 2017). Section 117 of CA provides the contents of the application, which has to be filed by the applicants with the ASIC, in order to apply for the registration of the company. In this application, the details of the person who wants to be a member, director, or company secretary of the company, their consent along with details like the type of company, the name of the company, the address of the proposed registered office of the company, the share details and the like, have to be clearly mentioned (Australian Government, 2017). The next step is to select whether the company would be managed under the constitution or replaceable rules, or both. Part 2B.4 of CA contains the provisions to be followed regarding the constitution and replaceable rules. The replaceable rules are applicable over some of the provisions only, as are set out in section 141 of CA. These rules are elected when the members of the company, do not want to go for a constitution. The provisions regarding constitution of a company are covered in section 136 of CA. the companies can adopt the constitution prior to or subsequent to the registration of company (Australian Government, 2017). When the constitution is adopted prior to registration, then the members have to provide their agreement regarding the terms of constitution in writing. A special resolution has to be filed when the constitution is adopted subsequent to the registration (ASIC, 2017). Once a decision is made regarding the adoption of constitution or replaceable rules, or both, an application as per section 117 has to be made with the requisite fees (Australian Government, 2017). As per section 118, when the ASIC is certain that all the elements of the application are complete in all aspects, it provides the company with the ACN, registers the said company and finally, issues the certificate containing details of company, for instance, its name or its type. The day, on which the company gets registered, it comes into existence, as per section 119. And the certificate of registration depicts the name of the company. Until and unless, the company is deregistered, it continues to exist (Australian Government, 2017). Upon incorporation, the company can commence its operations. Though, it has to be ensured that the company name is displayed whenever it conducts its business. Also, the allocated ACN or ABN has to be clearly printed over the company published documents. The companies are also required to keep its details updated, at all times (ASIC, 2017). Application In order for Richard and his two sons to start a family-run company, they have to follow the steps covered in the preceding parts. The first selection has to be made regarding the type of company, which they want to incorporate. Since they want to raise money from the public, they need to go for a public company, which is limited by shares. The next step is to finalize the name of the company. The name can be elected only when it is available; as both names are available, any one of them can be selected. A decision has to be made regarding the name of the company. Ridali name can be elected as the company name, and Richs Guaranteed Olives can be selected as the name of the business (ASIC, 2017). Thus, resolving the dispute. The next choice has to be made regarding the company being ruled under the constitution or replaceable rules. Since, the applicability of replaceable rules apply to certain aspects only, hence, Richard and his sons need to opt for a constitution. Upon following the rest of the steps, they can register and incorporate the company. 2. Rule Liability of Lazarus Pty Ltd Even though the companies are separate legal entities, there are cases, where this status of companies is revoked, and the court lifts/ pierces the corporate veil of the company, to hold the party responsible for the misdeed (Rudorfer, 2009). When the court can establish that a new company has been formed for the purpose of evading the liability of the old company, it treats the new company as a sham/ faade (Cheng, 2011). And, the court, in such cases, pierces the corporate veil, and holds the old company, accountable for its acts, which gave rise to the claims. Creasey v Breachwood Motors Ltd [1993] BCLC 480; 10 ACLC 3,052 is one of the examples of such instance. In this case, the judges pierced the corporate veil, in the interest of justice, in the matter of formation of Breachwood Motors Ltd. Breachwood Motors Ltd was then held accountable for the wrongful dismissal of the employee of Breachwood Welwyn Ltd, as the new company was held as a mere sham to avoid the liabilities of the old company (Griggs, 2017). Application In the given case, Lazarus Pty was formed only for evading the liabilities of CMS, which arose due to its negligence, which resulted in harm for its employees, and for the residents of Gunbarrel. As the objective of formation of this company was a faade, Creasey v Breachwood Motors Ltd, denotes that the corporate veil would be pierced in this and Lazarus Pty would be made to compensate for CMSs negligence. Liability of CMS Negligence is established when a person owes a duty of care towards some other person, and they fail to fulfill this duty, which results in loss or injury to the other person (Legal Services Commission of South Australia, 2013). Only when all the elements of negligence are present, can the claim against negligence be established. The elements are the duty of care, the violation of the duty, the resulting loss or injury, the direct causation, the injury to be substantial and not remove, and the foreseeability of such loss (DeMitchell, 2007). Donoghue v Stevenson [1932] UKHL 100 is a key case regarding negligence, where Stevenson was held liable in negligence, due to the snail that was found in his manufactured bottle, which was consumed by Donoghue (Latimer, 2012). Application The company owed a duty of care towards the residents of Gunbarrel and towards their employees. The water was contaminated, as a result of operations of the company, a duty was breached, as this resulted in people getting cancer. This was the harm that both residents of Gunbarrel and CMSs employees had to face. The foreseeability is clear as mining activities result in such diseases. Since all the elements of negligence are present, a case can successfully be made claiming the damages as a result of cancer. Liability of CM Even though holding and subsidiary companies are separate legal entities, the holding can be held accountable for subsidiary in some cases. These cases relate to the lifting of corporate veil to deliver a just and fair decision (Wibberley, Chambers and Gioia, 2017). When the court views the conduct of the company, as against the laws, it can pierce the corporate veil and hold the members or the owners of the company responsible for the debts incurred by the company (Vanderkerckhove, 2007). One instance where corporate veil can be pierced relates to the actions of the subsidiary involving tortuous liability. One of the cases, where this was established, is the case of CSR Ltd v Young [1998] Aust Tort Reports 81-468. For the purpose of liability, the judges considered that the holding and subsidiary companies had similar positions, as the control over the activities of the subsidiary was with the holding (Anderson, 2008). Moreover, the control was quite strong, and this resulted in the activities of subsidiary being treated as being undertaken by the holding. Even when the subsidiaries act as the implied agents of the holding, the corporate veil is pierced. To elucidate this, the case of Smith, Stone Knight Ltd v Birmingham Corp [1939] 4 All ER 116 has to be considered. In this case, as the subsidiary was carrying the business solely for holding, the holding was established to be eligible for the compensation, arising due to operating the business of subsidiary (French, Ryan and Mason, 2016). Application CM is the holding and CMS is the subsidiary in this case study. The above mentioned points have to be established, in order to hold CM responsible for negligence of CMS. Even though CMS was paying a leasing charge to CM, it was in addition to 10% of the leasing costs of the bank. The higher rates depict the strong control of CM. So, as per the first quoted case, i.e., CSR Ltd v Young, CM is responsible. The second aspect is also fulfilled in this case. This is evident from the fact that the leasing was done, with the only objective of subleasing the same to CMS. This was to get the work done by its subsidiary. So, as per the case of Smith, Stone Knight Ltd v Birmingham Corp, the operations of the company were, in reality, being done for CM. This allows the court to pierce the corporate veil and hold CM liable for CMSs negligence. Conclusion From the analysis of the facts, with the rules, it can be established that Terry can take any action against Lazarus Pty Ltd, CMS and CM. and he would successfully be able to recover damages from all three companies. The above analysis highlights the steps that have to be adopted by Richard and sons to incorporate and register a company. References Anderson, H. (2008) Directors Liability for Unpaid Employee Entitlements: Suggestions for Reform Based on their Liabilities for Unremitted Taxes. Sydney Law Review, 30 (470), pp. 478. ASIC. (2017) Constitution and replaceable rules. [Online] ASIC. Available from: https://asic.gov.au/for-business/starting-a-company/constitution-and-replaceable-rules/ [Accessed on: 02/02/17] ASIC. (2017) Starting a company - How to start a company. [Online] ASIC. Available from: https://asic.gov.au/for-business/starting-a-company/how-to-start-a-company/ [Accessed on: 02/02/17] Australian Government. (2016) Business structure. [Online] Australian Government. Available from: https://www.business.gov.au/info/plan-and-start/start-your-business/business-structure [Accessed on: 02/02/17] Australian Government. (2017) Corporations Act 2001. [Online] Australian Government. Available from: https://www.legislation.gov.au/Details/C2013C00605 [Accessed on: 02/02/17] Australian Institute of Company Directors. (2016) Organisation definitions. [Online] Australian Institute of Company Directors. Available from: https://www.companydirectors.com.au/director-resource-centre/organisation-type/organisation-definitions [Accessed on: 02/02/17] Cheng, T. (2011) The Corporate Veil Doctrine Revisited: A Comparative Study of the English and the U.S. Corporate Veil Doctrines. Boston College International and Comparative Law Review, 34(2), pp. 329- 412. DeMitchell, T.A. (2007) Negligence: What Principals Need to Know about Avoiding Liability. Lanham: Rowman Littlefield Education. French, D., Ryan, C., and Mason, S. (2016) Mayson, French and Ryan on Company Law. 33rd ed. Oxford: Oxford University Press, pp. 135. Griggs, L. (2017) A Note On The Application Of Enterprise Theory To The Problem Of Phoenix Companies. [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/au/journals/MacarthurLawRw/1998/3.pdf [Accessed on: 02/02/17] Latimer, P. (2012) Australian Business Law 2012. 31st ed. Sydney, CSW: CCH Australia Limited. Legal Services Commission of South Australia. (2013) What is negligence?. [Online] Legal Services Commission of South Australia. Available from: https://www.lawhandbook.sa.gov.au/ch29s05s01.php [Accessed on: 02/02/17] Rudorfer, M. (2009) Piercing the Corporate Veil. Norderstedt: GRIN Verlag. Vanderkerckhove, K. (2007) Piercing the Corporate Veil. Netherlands: Kluwer Law International. Wibberley, J., Chambers, G., and Gioia, M.D. (2017) Lifting, Piercing And Sidestepping The Corporate Veil. [Online] Guildhall Chambers. Available from: https://www.guildhallchambers.co.uk/uploadedFiles/PiercingtheCorporate%20Veil.JW,MDG.pdf [Accessed on: 02/02/17]

Sunday, March 22, 2020

Hobbes And Rousseau On Good Essays - John Locke, Sovereignty

Hobbes And Rousseau On Good For one to be a good citizen, there are certain expectations a person must follow to achieve this goal. While many people have their own ideas of what makes a good citizen, there is little consensus to exactly what this would be. Thomas Hobbes and Jean-Jacques Rousseau, in their books The Leviathan and The Social Contract, create a system of political governing where the citizen plays a certain role and has certain expectations to carry out this role for the governmental system to work properly. In this paper, I will discuss what each of the men believed to be the role of the average citizen to support the state. Both men have quite different opinions in regards to the roles of citizens. While both are good theories, and create a strong case for government, neither is applicable in the real world because what is demanded of the citizen in these systems of government is based on certain assumptions. The assumptions made by these men, both good and bad, are not evident in the every day person. Thomas Hobbes believes, that all men are egocentric, by nature. This is to say that men spend their whole lives looking for what makes the happiest as an individual. Even when men socialize, it is not for the benefit of building strong ties between each other, but simply for personal benefit. Hobbes argues that man is self- centered in nature because he desires power. This arises from the fact that man, unlike animals, may seek things that are not tangible. Hobbes argues, not only are men egocentric, but also equal. Hobbes believes that even though every person may have different levels of strength, intelligence or character that all men are equal. "For such is the nature of men that, howsoever they may acknowledge many others to be more witty or more eloquent or more learned, yet they will hardly believe there be so many so wise as themselves, for they see their won wit at hand and other men's at a distance." (Leviathan, 98) More importantly in dealing with equality, Hobbes believes no matter what power, strength or intelligence one possesses, his vulnerability to be killed is the same. Because man is egocentric, a man's ego, for the most part, will drive his actions. Because of this, a cycle of competition will begin. This cycle of competition can be summed up as the state of nature. In the state of nature, where the strong survive, life is not very good. In the state of nature, man is trying to fulfill certain needs, such as safety or life. Because of these common needs, Hobbes believes man searches for peace. Peace is then achieved through a social contract among the members of the society. Before the social contract to even begin, man must find others willing to go along with it. This becomes difficult because man is very untrusting in the state of nature. This distrust, however, is overcome by the fear of death. A fear of death and of equal vulnerability to it is common with all men and the driving force behind men coming together to form a social contract. To create the social contract, every person must give up the right to judge themselve's, and hand this power over to a third party, the state. The state is founded on a common belief system held my all the people in the new commonwealth. "The only way to erect such a common power, is, to conferre all their power and strength upon one man, or upon one assembly of men, that may reduce all their wills, by plurality of voices, unto one will." (Leviathan, 227) The state is all-powerful and cannot be challenged because the contract would then be broken. The only people that can break the contract are those who agreed to it, therefore the state cannot break the contract, because the state is a result of the contract. Now the Hobbes's social contract has been created and agreed to by the citizens, there are several things the citizens must do to support the state. The demands are simple. A good citizen must obey the state and the laws the state makes. Hobbes believes that citizens have an obligation to obey the government because all of citizens agreed to give up the right to be judge in their own case. Once a citizen has entered into this contract, the citizen's obligation to obey the sovereign is absolute, with one limitation to be discusses later.

Thursday, March 5, 2020

Quotes for Engagement Toasts

Quotes for Engagement Toasts Engagements are special because they signify that two people who share a caring relationship have now acknowledged their love for each other. It is after their engagement that the two people finally become a couple in the true sense of the term. You could include a few of the following quotes when making engagement toasts to the happy couple. Famous Quotes for Engagement Toasts Antoine De Saint-ExuperyAnd now here is my secret, a very simple secret; it is only with the heart that one can see rightly, what is essential is invisible to the eye.ThoreauThere is no remedy for love but to love more.Bertrand A. RussellLove is a little haven of refuge from the world.Amy BushnellLove reminds you that nothing else matters.Oscar WildeLong engagements give people the opportunity of finding out each others character before marriage, which is never advisable.Oscar Levant, to Harpo Marx upon meeting Harpos fiancà ©eHarpo, shes a lovely person. She deserves a good husband. Marry her before she finds one.AnonymousLove is just a word until someone comes along and gives it meaning.Keith SweatYou cant stop loving or wanting to love because when its right, its the best thing in the world. When youre in a relationship and its good, even if nothing else in your life is right, you feel like your whole world is complete.Janice MarkowitzIf you have to think about whether you love s omeone or not, then the answer is no. When you love someone you just know.Edgar Allan PoeWe loved with a love that was more than love.

Tuesday, February 18, 2020

Legal Training Program (for Human Resource Management Class) Essay

Legal Training Program (for Human Resource Management Class) - Essay Example The workforce is becoming increasingly diverse. This contributes to the escalating rate of discrimination. One of the types of discrimination that happens in the workplace is sexual harassment. This is the most unwelcome and embarrassing behavior. Not only it can negatively influence the work performance of an employee, but it can lead to costly lawsuits for the organization. To improve productivity and to address the issue of sexual harassment, a good training program must be implemented. According to Konrad (2007), many of the US organizations are mandating the application of sexual harassment training program especially to their managers (p. 268). The U.S. Equal Employment Opportunity Commission (EEOC) and the federal government had been successful in addressing the concern on sexual harassment by ensuring that organizations under its supervision have conducted a training program for their employees (Swift, 1995, p. 53). A higher percentage of employees have expressed their satisfaction with the program. The assertiveness of the program has helped in reporting harassing behaviors which had been made easier for the victims. The same scenario had transpired in the European community particularly in the nongovernmental and voluntary organizations (Zippel, 2008, p. 66). The EU-wide campaign for sexual harassment training program had proven to be effective because more and more countries are adapting the program such as Germany, France, America and many more. There is discrimination in the workplace if there is hostility toward an individual based on sex, age, religion, race and even disability (Hoffman, 1999). Discrimination likely occurs in the workplace almost every day as employees interact. According to the study â€Å"Sexual Harassment Awareness Training at Workplace: Can it Effect Administrators’ Perception?,† the author found that â€Å"training has significant effects on the perception of sexual harassment ...† (Sabitha,

Monday, February 3, 2020

Theory of Multiple Intelligences Research Paper Example | Topics and Well Written Essays - 750 words

Theory of Multiple Intelligences - Research Paper Example Such test scores would then be inferred against a predetermined rating which is supported through statistical techniques. The statistical techniques relate the responses issued by the subjects of different ages. The relating of the scores across ages and across various tests is based on the notion that intelligence is constant and does not change age experience or training (Gardner, 2006). In other words, intelligence is an inborn characteristic of individuals. Gardner pluralized the traditional intelligence concept leading to a new definition and educational approaches. Intelligence becomes the ability to process a specific kind of information. This ability originates within the humans psychological and biological make up (Gardner, 2006). These intelligences consist an ability to solve problems of create products that are a result of one’s cultural and community settings. Gardner came up with eight intelligences, which are linguistic intelligence, logical-mathematical intelli gence, spatial intelligence, bodily-kinesthetic intelligence, musical intelligence, interpersonal intelligence, intrapersonal intelligence, and naturalist intelligence. Musical intelligence involves sensitivity to music. It is evident through sensitivity to tones, sounds, rhythms and other musical components. According to Gardner (2006), people who have this intelligence have the ability to compose music, sing and play musical instruments. They have a good pitch and sometimes an absolute pitch. Bodily- kinesthetic intelligences involve the capacity to use one’s entire body or parts of the body to handle challenges. One uses mental ability to coordinate body parts/movement to solve problems (Smith, 2008). Logical-mathematical intelligence comprises of the ability to perform logical analysis of problems, conduct mathematical calculations and examine phenomenon scientifically. The individual can reason deductively, detect patterns and thinking logically. It is often associated w ith mathematical reasoning (Smith, 2008). Linguistic intelligence is characterized by sensitivity to language, both spoken and written. It concerns the ability to acquire or learn languages, and us a language to achieve certain goals (Smith, 2008). This includes ability to use a language as a means for remembering information, and ability to express oneself poetically or rhetorically using a language. Examples of people with these skills include lawyers, poets, speakers and writers among others. Spatial intelligence, on the other hand, comprises the capacity to identify and utilize patterns of open space and confided areas. Interpersonal intelligence is people oriented intelligence, which is consists ability to understand other people’s desires, motivations and intentions. It facilitates coexistence of people. As Smith (2008) Notes, salespeople, counselors, political and religious leaders, and teachers thrive on strong interpersonal intelligence. Intrapersonal intelligence is made up of the ability for self awareness. It involves understanding oneself and appreciating personal feelings, motivations and fears. It also entails developing a working model of ourselves and ability to use such models for self regulation purposes (Smith, 2008). Finally, naturalistic intelligence

Sunday, January 26, 2020

Relationship between corporate social performance and firm financial performance

Relationship between corporate social performance and firm financial performance There have been many theoretical and empirical debates about the relationship between corporate social performance and firm financial performance. The debate on the relationship between CSP and CFP involves two important issues: direction and causality of the relationship (Preston OBannon, 1997). Based upon the literature review, the relationship between CSP and CFP could be positive, neutral, and negative. Preston and OBannon (1997) have distinguished between the direction of the CSP-FP relationship (positive, negative or neutral) and the causal sequence: does CSP in ¬Ã¢â‚¬Å¡uence FP, does FP in ¬Ã¢â‚¬Å¡uence CSP, or is there a synergistic relationship between the two? They have developed six possible causal and directional hypotheses: social impact hypothesis, slack resources hypothesis, trade-off hypothesis, managerial opportunism hypothesis, positive synergy hypothesis and negative synergy hypothesis. The social impact hypothesis is based on the stakeholder theory which suggests that meeting the needs of various corporate stakeholders will lead to favourable FP (Freeman, 1984). According to this hypothesis, serving the implicit claims of stakeholders enhances a companys reputation in a way that has a positive impact on its FP. Conversely, disappointing these groups of stakeholders may have a negative  ¬Ã‚ nancial impact (Preston and OBannon, 1997). The results also supported good management theory that states that good management practice resulting from engagement in social domains enhances the relationship with stakeholders causing better financial performance (Freeman, 1984). Preston and OBannon (1997) was one of the surveys that used the Fortune reputation index. In particular, this survey assessed CSP according to three variables: (1) rating of community and environmental responsibility, (2) ability to select and retain good people, and (3) quality of products and services. They found that a positive relationship existed between these variables and ROA. Preston, L. E. and D. P. OBannon (1997). The corporate social-financial performance relationship: a typology and analysis, Business and Society ,vol.36, no.4 419-429. The slack resource hypothesis predicts that better FP potentially results in the availability of slack resources that may increase a  ¬Ã‚ rms ability to invest in socially responsible domains such as community and society, employee relations or environment (Waddock and Graves, 1997). One of the essential aspects of CSR and financial performance is the direction of causality. Waddock and Graves (1997) studied the empirical linkage between financial and social performance and found out that CSR was positively associated with prior financial performance. The results were in line with the slack resource theory that supports that the existence of slack resources resulting from better financial performance made companies invest in areas that are related to social domains. The results also supported good management theory that states that good management practice resulting from engagement in social domains enhances the relationship with stakeholders causing better financial performance (Freeman, 1984). Waddock and Graves (1997) reported that CSP was positively associated with prior and future CFP. They concluded that these findings indicated that not only does CSP follow CFP but also CSP drives CFP. It is notable that they measured CSP by a constructed index based on five factors related to the stakeholder and three factors with responsiveness to significant external pressure. This index is provided by a rating firm-Kinder, Lydenberg, Domini Co., Inc (KLD). Waddock, S.A. and S.B. Graves (1997). The corporate social performance-financial performance link, Strategic Management Journal, vol.18, no.4. 303-319. Waddock Graves (1997) and Dean (1998) put forward two theories to answer the question: slack resource theory and good management theory. Under the slack resource theory, a company should focus on its financial position, allowing it to contribute to the CSP. Conducting good social performance requires funds that might result from the success of fi-nancial performance. According to this theory, financial performance comes first. A good management theory holds that social performance comes first. Based on this theory, a company perceived by its stakeholders as having a good reputation will result in a stronger financial position (through market mechanism). The trade-off hypothesis supposes a negative impact of CSP on FP. This hypothesis deals with the neo classical economists position which holds that socially responsible behavior will net few economic bene ¬Ã‚ ts while its numerous costs will reduce pro ¬Ã‚ ts and shareholder wealth (Waddock and Graves,1997).This hypothesis re ¬Ã¢â‚¬Å¡ects the classic Friedman position and is supported by the well-know nearly  ¬Ã‚ nding of Vance (1975) that corporations displaying strong social credentials experience declining stock prices relative to the market average(Preston and OBannon, 1997,p.421). Studies using measures of return based on the stock market also indicate diverse results. Vance (1975) refutes previous research by Moskowitz by extending the time period for analysis from 6 months to 3 years, thereby producing results which contradict Moskowitz and which indicate a negative CSP/CFP relationship. However, Alexander and Buchholz (1978) improved on Vances analysis by evaluating stock market performance of an identical group of stocks on a risk adjusted basis, yielding an inconclusive result. Alexander, G. J., and Rogene A. Buchholz (1978) Corporate social responsibility and stock market performance. Academy of Management Journal, 21 (3): 479-486. Vance, S. C.(1975) Are socially responsible corporations good investment risks? Management Review, 64: 18-24. According to the managerial opportunism hypothesis, corporate managers may pursue their own private objectives to the detriment of both shareholders and other stakeholders ( Weidenbaum and Sheldon, 1987;Williamson, 1967, 1985).In fact, when FP is strong, managers may reduce social expenditures in order to maximize their own short-term private gains. Conversely, when FP weakens, managers may engage in conspicuous social programs in order to offset their disappointing results (Preston and OBannon, 1997). The positive synergy hypothesis supposes that higher levels of CSP lead to an improvement of FP, which offers the possibility of reinvestment in socially responsible actions (Allouche and Laroche, 2005a). Indeed, favourable CSP leads to a surplus of available funds (social impact hypothesis) which is reallocated, in part, to the different stakeholders (slack resources hypothesis). There may then be a simultaneous and interactive positive relation between CSP and FP, forming a virtuous circle (Waddock and Graves, 1997). However, according to the negative synergy hypothesis, higher levels of CSP lead to decreased FP, which in turn limits the socially responsible investments. There may then be a simultaneous and interactive negative relation between CSP and FP, forming a vicious circle. While empirical results concerning the nature of the relationship between CSP and FP continue to be mixed, the largest number of investigations found a positive relationship. This tendency towards the positivism of the CSP-FP link is supported by subsequent Meta analysis (Allouche and Laroche, 2005b; Orlitzky et al., 2003; Wu, 2006). Another study was conducted by Orlitzky HYPERLINK http://www.emeraldinsight.com/journals.htm?issn=1741-0401volume=59issue=3articleid=1846089show=html#idb45et al.HYPERLINK http://www.emeraldinsight.com/journals.htm?issn=1741-0401volume=59issue=3articleid=1846089show=html#idb45 (2003) who found a strong correlation between corporate financial performance and corporate social/environmental performance. This relationship is more strongly pronounced for theaccounting based measures of performance than the market-based measures of performance (Orlitzky HYPERLINK http://www.emeraldinsight.com/journals.htm?issn=1741-0401volume=59issue=3articleid=1846089show=html#idb45et al.HYPERLINK http://www.emeraldinsight.com/journals.htm?issn=1741-0401volume=59issue=3articleid=1846089show=html#idb45, 2003). Another vein of research focused on the causal relationship between CSP and FP. For instance, using traditional statistical techniques, Waddock and Graves (1997) and Hillman and Keim (2001)  ¬Ã‚ nd a positive synergistic relationship between CSP and FP showing the existence of a virtuous circle between the two constructs .McGuire et al.(1988)  ¬Ã‚ nd that lagged FP measures lead to improved current CSP measures, but the latter does not affect FP. In a more recent study, Nelling and Webb (2006) examine the causal relationship between CSP and FP by introducing a new econometric technique, the Granger causality approach. Their  ¬Ã‚ ndings suggest that, using ordinary least square (OLS) regression models, CSP and FP are related. In disagreement with prior empirical research, they  ¬Ã‚ nd a lower relationship between CSP and FP when employing a time series  ¬Ã‚ xed effects approach. The same result is found when introducing Granger causality models. Furthermore, by focusing on individual measures of CSP, they  ¬Ã‚ nd causality running from stock market performance to CSP ratings regarding employees relationships. In addition to those large-scale American empirical studies, Mahoney and Roberts (2007) have examined the relationship between CSP and FP in the Canadian context. This study has examined the relationship between these constructs using the CSID measure of CSP.1 Contrary to Waddock and Graves (1997), Mahoney and Roberts (2007) found no signi ¬Ã‚ cant relationship between a composite measure of a  ¬Ã‚ rms CSP and FP. However, using a one-year lag, their  ¬Ã‚ ndings indicate as igni ¬Ã‚ cant positive relationship between individual measures of a  ¬Ã‚ rms CSP regarding environmental and international activities and FP. This study has examined only one direction of causality: from CSP to FP. The latest study of corporate social and financial performance was done by Mahoney and Roberts (2007). They performed empirical analyses on a large-sample of publicly held Canadian companies. Based on tests utilizing four years of panel data they found no significant relationship between a composite measure of companies social and financial performance. However, they found significant relationships between individual measures of companies social performance regarding environmental and international activities and financial performance. Mahoney, L., Roberts, R.W., 2007. Corporate social performance, and financial performance and institutional ownership in Canadian firms. Accounting Forum 31, 233- 253. Rim Makni, Claude Francoeur Franà §ois Bellavance (2009). Causality Between Corporate Social Performance and Financial Performance: Evidence From Canadian Firms. Journal of Business Ethics 89 (3). This study assesses the causal relationship between corporate social performance (CSP) and financial performance (FP). We perform our empirical analyses on a sample of 179 publicly held Canadian firms and use the measures of CSP provided by Canadian Social Investment Database for the years 2004 and 2005. Using the Granger causality approach, we find no significant relationship between a composite measure of a firms CSP and FP, except for market returns. However, using individual measures of CSP, we find a robust significant negative impact of the environmental dimension of CSP and three measures of FP, namely return on assets, return on equity, and market returns. This latter finding is consistent, at least in the short run, with the trade-off hypothesis and, in part, with the negative synergy hypothesis which states that socially responsible firms experience lower profits and reduced shareholder wealth, which in turn limits the socially responsible investments

Saturday, January 18, 2020

Native Americans in “The Pearl” by John Steinbeck Essay

Steinbeck’s The Pearl is one of his most intriguing pieces. Steinbeck manages to fit many different ideas into a short novella that is under a hundred pages. However, what makes The Pearl truly a great book is his critique of colonial society, and the interaction of Native Americans and colonists. Steinbeck emphasizes the differences between the colonists and the native Indians by using such symbols as the relationship between town and village, education, and instinct. Steinbeck also shows that he views changing one’s station, or attempting to, as foolish and impossible, but that trying to is needed to provide an example for others. Steinbeck uses the differences between town and village as a metaphor for the differences between the colonists and the Native Americans. Steinbeck shows how he uses the stark differences between the huts of the Native Americans and the grand villas of the colonists in the following quote:†They came to the place where the brush houses stopped and the city of stone and plaster began, the city of harsh outer walls and inner cool gardens where a little water played and the bougainvillea crusted where walls with purple and brick-red and white.† (Steinbeck, pg. 8) In this quote, Steinbeck emphasizes the stark difference between the village, made of simple materials, and the town, made of expensive materials. Steinbeck also uses the town’s buildings as a metaphor for the people within, as Steinbeck describes the buildings as having â€Å"harsh outer walls,† but having â€Å"inner cool gardens.† This could be a metaphor for the people within the building, portraying the people inside them as, at once, very kind and nice, but only once those walls had been let down. This shows the colonists as being very xenophobic, and being kind to their own race but â€Å"harsh† to other races. Steinbeck reinforces the idea that the colonists were living better than the Native Americans in the following quote:†The procession left the brush houses and entered the stone and plaster city where the streets were a little wider and there was a narrow pavement beside the buildings.† (Steinbeck, pg. 47)Steinbeck shows that the Native Americans saw the colonists’ living conditions as better than theirs, and that the streets were â€Å"a little wider,† which could be seen as a commentary for most things, and that in most things, what the colonists lived â€Å"a little† better.  Steinbeck here tells us, and when combined with the quote above, the colonists are living better than the Native Americans. Because the colonists have plenty of resources, and the Native Americans are not living in the luxury of the colonists, it indicates an unfair share of wealth, which is oddly skewed in the favor of the colonists. This reinforces the already presented ide a that the colonists are, overall, living better than the Native Americans. Steinbeck’s next way to differentiate between the colonists and the Native Americans is using their instinctual actions. Steinbeck shows that the colonists and Native Americans are instinctively different, thus he attempts to give an excuse, or perhaps a reason, for the differences between them, and their outcomes. Steinbeck explores into the instinctual differences between the Native Americans and the colonists in the following quotes:†There was sorrow in Kino’s rage, but this last thing had tightened him beyond breaking. He was an animal now, for hiding, for attacking, and he lived only to protect himself and his family†¦ [despite his need for a canoe,]†¦never once did it occur to him to take one of the canoes of his neighbor.† (Steinbeck, pg. 42) â€Å"He could kill the doctor more easily than he could talk to him, for all of the doctor’s race spoke to all of Kino’s race as though they were simple animals.† (Steinbeck, pg. 9)Once again, we can see the recurring theme that the Native Americans have become whatever the colonists mold them to be, and as seen in the second quote, Steinbeck says that â€Å"the doctor’s race spoke to all of Kino’s race as though they were simple animals†¦,† and Steinbeck says in the first quote that Kino â€Å"was an animal now†¦.† This shows that Kino, and his people as a whole, have become what the colonists have made them, and that they have become whatever the colonists wished them to be. This shows that the colonists control every facet of Native American life, and that anything that they want to be done will be done. Steinbeck shows that the colonists have been raised with the instinctive belief that they were above the Native Americans, and that they were better than the Native Americans:†Have I got nothing better to do than cure insect bites for ‘little Indians’? I am a doctor, not a veterinary.† (Steinbeck,  pg. 11)This shows that the doctor thought that the Indians were â€Å"animals,† and because of the fact that the colonists have been molding the Indians beliefs, the Indians thought that they were animals, perhaps resulting in the instinctive animal behavior. Steinbeck says in the previous quote that the colonists treated â€Å"Kino’s race† like that, so perhaps it has become an instinctual reaction to the oppression of the colonists. Steinbeck says that Kino was an animal who â€Å"lived only to protect himself and his family,† showing that he did it as an instinctive defense, and that he only becomes an animal to protect his family. Steinbeck also emphasizes that Kino becomes his animal alias only when he needs to hide or protect himself. This shows that Kino’s people have developed this as a natural defense, and its use is only for defense. This also shows that his people developed it for need of defense, and that continual need of protection is the only reason such a protection would be needed, and there is only one source for this continuous onslaught, and that is the colonists. Steinbeck also goes so far as to say that the instinctive animal that Kino becomes retains all of the qualities that Kino retains, even so far as his lack of will to steal from his own kind. This shows that Kino’s alias does not seek survival of Kino as a person, but Kino’s race as a whole. He is unwilling to take from his people, as his alias is unwilling to damage itself. If his alias is for the protection of a whole group of people, then they must be under attack from a large group of people, giving us the structure of the assumption that the colonist society persecutes the Native Americans and the Native Americans have developed instincts for their protection. â€Å"†¦the strangers came with argument and authority and gunpowder to back up both. And in the four hundred years [since,] Kino’s people had learned only one defense- a slight slitting of the eyes and a slight tightening of the lips and a retirement. Nothing could break down this wall, and they could remain whole within the wall.† (Steinbeck, pg. 17)In this quote Steinbeck shows another instinct, reclusion behind an inner shell, the creation of which has been directly linked to the coming of colonist society. However,  this reaction shows more of the actual standpoint of the Native American society, as reactive, and unable to be proactive. This reactivity means that the situation will remain the same, and if this was the way that Kino’s ancestors were and will be, then this situation will remain the same until stopped by outside intervention. This also shows that the Native American society has chosen to preserve itself within their shell, and to submit outside of it. Whenever attacked outside of the shell, they shelter inside their shell of refusal to change, as shown in the above quote. This results in the situation remaining a perfect clone of the situation that it was when it started, resulting in continuing colonist oppression. If the only place that they can take refuge is within personal shell, then they cannot control anything outside their shell, and they are therefore powerless outside their shell. The colonist society, as a whole, exerts their control over the Native American population using the yoke of education. â€Å"This is our one chance†¦ [our son] must break out of the pot that holds us in.† (Steinbeck, pg. 103)Steinbeck here shows what that the Native Americans see lack of education as a â€Å"pot that holds us in.† This also shows that they do not get any chances to learn, for if they did, then they would have more than â€Å"one chance.† As the only way they can learn is to be taught by an educated person, and the only educated people are the colonists, the colonists must be withholding education. This shows that the colonists might be intentionally trying to keep the Native Americans in their â€Å"pot.† It is also interesting that this â€Å"pot† is probably the same as the â€Å"shell† that the Native Americans hide in. â€Å"He did not know, and perhaps this doctor did. And he could not take the chance of pitting his certain ignorance against this man’s possible knowledge. He was trapped as his people were always trapped, and would be until†¦ they could be sure that the things in the books were really in the books.† (Steinbeck, pg. 76)This shows an example of how the colonists use education to control the Native American population. â€Å"He was trapped as his  people were always trapped, and would be until†¦they could be sure that the things in the books were really in the books.† This specific sub-phrase shows how his people trusted the books as reliable sources, information that the colonists must have planted. If the colonists planted the knowledge that the books were reliable, being the only people who could read the books, anything and everything that they said about the books, if not a lie, was true. And as the Native Americans did not know when people were lying, anything that a colonist said could be definitely accurate, or a lie. The risk seemed too much and the Native Americans usually did as they said, as Kino does, because they are afraid of matching their â€Å"certain ignorance against [the colonists’] possible knowledge.†Steinbeck also continually shows that the colonists use their control of religion, through their knowledge of education, as another way of controlling the Native American populace. â€Å"It was a good idea, but it was against religion†¦The loss of the pearl[s] was a punishment visited on those who tried to leave their station. And the father made it clear that each man and woman is†¦a soldier sent by god to guard some part†¦of the Universe†¦.But each one must remain faithful to his post and must not go running about, else the castle is in danger from the assaults of Hell†¦.† (Steinbeck, pg. 42)This shows that the colonists use their knowledge of religion, due to their reading ability, to keep the Native Americans thinking that they are doing God’s will, or, if they believe otherwise, do so out of fear of being incorrect. The colonists tell the Native Americans that they have to stay in their current position in life, living as poor peasants who treat the colonists as royalty, because that that is God’s will. Because the Native Americans are unsure of what is correct, they take what is, to them, the safer approach, b y doing as the colonists say. The colonists also bring in faith, by saying that if they are not faithful to their post, and thus not faithful to their religion, which would be considered blasphemy by the religious Native Americans, then they would be in danger of the attack from the â€Å"assaults of hell,† which could be  interpreted as going to hell, which the religious Native Americans would be very afraid of. â€Å"†¦I heard him make that sermon†¦he makes it every year.†This shows that the colonists try to keep the Native Americans in line, and that it is, again, a group effort and that the entire colonist community works as one in achieving their goal, the exploitation of the Native American society. This also shows that they do this repeatedly, and probably have for been using the same methods for centuries. This also shows that this oppression is not a one-time thing, and that it is a continuous, calculated, malicious oppression of a race. Steinbeck has shown throughout The Pearl his opinions on the differences between the colonists and the Native Americans by showing their relationship, as the type of relationship is based upon the differences of its members. Steinbeck shows this through the differences between town and village, instinct, and education. Steinbeck portrays the colonists as aggressive, abusive, and manipulative throughout the book, especially towards the Native Americans. The Native Americans are portrayed as obedient, acknowledgeable, and living as underlings for the colonist society. The Pearl by John Steinbeck. The Viking Press & William Heinemann, 1947. ISBN: 0-14-017737-X