Sunday, October 13, 2019

Dracula Essay -- essays research papers

Violence and Power Within Dracula's Grasp Throughout many types of literature, violence exists to enhance the readers interest in order to add a sense of excitement or conflict to a novel. This statement withholds much truthfulness due to the fact that without violence in a piece of literature such as Dracula by Bram Stoker, the plot would not have the same impact if it was lacking violence. Dracula's power and evilness led to the violent happenings which began with the conflict of Jonathan's inner struggle, as compared to the conflict which blossomed later on with good versus evil. One case of violence that had occurred, not just for its own sake, happened in chapter seven, where it stated in the log of the "Demeter", "On 14 July was somewhat anxious about crew. Men all steady fellows, who sailed with me before. Mate could not make out what was wrong; they only told him there was something, and crossed themselves. Mate lost temper with one of them that day and struck him. Expected fierce quarrel, but all was quiet"(pg.87). Therefore, this type of violence rarely ever occurred before; thus, this action was foreshadowing evil. Eventually, this evil took place when poor old Mr. Swales was found dead with his neck broken. Mina Murry wrote in her journal about the incident, "...poor old Mr. Swales was found dead this morning on our seat, his neck being broken. He had evidently, as the doctor sa...

Saturday, October 12, 2019

Lorraine Hansberry Essay -- essays research papers

Her first play, A Raisin In the Sun, is based on her childhood experiences of desegregating a white neighborhood. It won the New York Drama Critic's Circle Award as Best Play of the Year. She was the youngest American, the fifth woman and the first black to win the award. Her success opened the floodgates for a generation of modern black actors and writers who were influenced and encouraged by her writing. Hansberry was born in 1930, the youngest of four children of Carl and Nannie Hansberry, a respected and successful black family in Chicago, Illinois. Nannie was the college educated daughter of an African Methodist Episcopal minister, and Carl was a successful real estate businessman, an inventor and a politician who ran for congress in 1940. Both parents were activists challenging discriminating Jim Crow Laws. Because of their stature in the black community such important black leaders as Paul Robeson, W.E.B. DuBois, and Langston Hughes frequented the Hansberry home as Lorraine was growing up. Although they could afford good private schools, Lorraine was educated in the segregated public schools as her family worked within the system to change the laws governing segregation. After high school Hansberry briefly attended the University of Wisconsin at Madison before moving to New York for "an education of another kind." She married Robert Nemiroff, a white Jewish intellectual who she met on a picket line protesting the exclusion of black athletes from universi...

Friday, October 11, 2019

Company’s constitution Essay

QUESTION 1 Issue: the issue about company’s constitution and whether the loan contract between ABC bank and Sambal Pty Ltd is invalid. State the law: Section 140 of the corporations act states that: â€Å"A company’s constitution (if any) and any replaceable rules that apple to the company have effect as a contract: (a) Between the company and each member; and  (b) Between the company and each director and company secretary; and (c) Between a member and each other member; Apply the law: According to section 140, a company’s constitution is only an internal governance rule, it cannot be enforced by outsider and also cannot be used and act between a company member and an outsider (Corporation Act, 2001). In this case, Sambal Pty Ltd has a constitution, which restricts the amount of money the company can borrow at any one time to $10m. So, as a director of Sambal Pty Ltd, both Jim and Peter require compliance with this internal governance rules (maximum borrow $10m at one time), however, the directors who had been authorised by the board had borrowed an extra $2m loan from ABC Bank this time. Well, at the same time, section 140 is important in determine that the consequences of a failure, by some person who is bound by them, to comply with the internal governance rules. This means the liability should be undertook by the directors. State the law: Section 125(1): if a company has a constitution, it may contain an express restriction on, or a prohibition of, the company’s exercise of any of its powers. The exercise of any of its powers, the exercise of a power by the company is not invalid. 125 (2): if a company has a constitution, it may set out the company’s object. An act of the company is not invalid merely because it is contrary to or beyond any objects in the company’s constitution. Section 126(1): a company’s power to make, vary, ratify or discharge a contract may be exercised by an individual acting with the  company’s express or implied authority and on behalf of the company. The power may be exercised without using a common seal. Apply the law: Companies that act outside their capacity are said to have acted â€Å"ultra vires†. According to section 125, company’s exercise goes beyond to a company’s constitution will not invalid. That means, although the company’s action goes beyond the constitution, the action will still valid. So, the $2m loan contract between ABC bank and Jim and Peter will still valid. The company should pay the interest that related to $2m loan (Corporation Act, 2001). Moreover, the person who breaches the company’s constitution may be liable for damages (if any) to other shareholders. In this case, the two directors Jim and Peter should be responsibility to their act and bear the damages to other shareholders (Corporation Act, 2001). Conclusion: In this case, ABC bank do not have any liability. Sambal should give interest for the $2m loan to ABC bank, and asks the two directors to bear all the damages of company’s other shareholders. Question 2 (1) Issue In this case, the shareholders of Rich Pty Ltd haven’t been paid a dividend related to their shares for 3 years. Susan who owns 25% shares of the company is one of them. She is convinced that she deserves better and yet, given no reasons, the board of directors refuse to pay a distribution of the company’s profit attached to her shares. Hence, the issue is whether or not the board’s refusal is in breach of duty. If so, what would be Susan’s remedy? (2) Law The laws applied in this case are: a. The oppression remedy: Pt 2F.1 b. An injunction to prevent a contravention of the Corporations Act: s1324 S 232 of the Pt 2F.1 allows the court to provide a remedy to a member where the court finds that: the conduct of the company’s affairs, or  an actual or proposed act or omission by or on behalf of the company, or a resolution, or a proposed resolution, of members or a class of members of the company Is either: contrary to the interests of the members as a whole, or  oppressive to, unfairly prejudicial to, or unfairly discriminatory against, a member or members whether in that capacity or in any other capacity. S1324(2) states that where a person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing that the person is required by this Act to do, the Court may, on the application of: ASIC; or  any person whose interests have been, are or would be affected by the refusal or failure to do that act or thing; grant an injunction, on such terms as the Court thinks appropriate, requiring the first mentioned person to do that act or thing. (3) Application The board of Rich Pty Ltd has committed oppressive conduct, specifically, unfairly restricting dividends. In this case, the directors refuse to give reasons or explanations of failing to pay dividends. By paying no dividends to the shareholders, the directors can possibly benefit their own interests such as paying them excessive remuneration out of the profits that should be paid as dividends that constitutes oppression. Under s232 of the Corporations Act, remedies where there is oppression allows Susan to seek her rights by an order held by the court to regulate the conduct of the affairs of the company in the future. For example, remove several directors and appoint new directors. Furthermore, according to s1324, the court can grant an injunction to any person who has breached the Corporations Act. One of the directors’ duties is to act in the interest of the company. To some extent, the members’ interest is the company’s interest. Thus, refusing to pay dividends to members is a breach of duty that contravenes the Corporations Act. Therefore, Susan can appeal to the court to have it grant  an injunction against the directors of Rich Pty Ltd. In other words, mandatorily require the board to pay dividends to the shareholders and provide sufficient information to the members. Additionally, the statutory right allows members of a company to seek to inspect the books of the company if they believe that insufficient information are given by directors. However, there are some certain circumstances that failing to pay dividends does not contravene the Corporations Act. For instance, chasing higher profits for the company or suffering a financial crisis. (4) Conclusion All in all, the fact that the board of Rich Pty Ltd contravenes the Corporations Act will result in certain consequences, these may include: fine, disqualification order, injunction etc. Speaking of Susan, she may receive the amount of dividends attached to her shares as compensation. Nevertheless, if the directors acted in a good faith or say for the sake of the company, then the board only needs to provide relevant information and explain why they refuse to pay dividends. Question 3 Section 249H states that, as unlisted companies, the minimum period of notice are 21 days. The notice period can be reduced by agreement of members holding at least 95% of the votes that maybe cast at the.1 In this case, John, Sam only hold 72% of the shares, they do not have the authority to reduce the period. For listed companies, S249HA of the Corporations Act prescribes a minimum notice period of 28 days. The minimum 28 days notice period required for a listed company cannot be shortened by member/shareholder approval.2 At this moment, Mark should check when they gave him the notice. If it was given less than 21 /28 days before the general meeting, the meeting can be treated as procedural irregularities. Under this situation, section 1322(2) says if the court is opinion of the irregularities has caused, or may cause substantial injustice that cannot be remedied by any order of the court and the court makes an order declaring the proceeding to be invalid. 249S allows that a company to hold a meeting of its members in two or more venues â€Å"using any technology that gives the members as a whole a reasonable opportunity to participate†3. In this case, Mark was unable to reserve a flight from Darwin to Brisbane but he can  attend the meeting by using telephone or video conferencing facilities. In order to get the full answer of question 3, we trace for the origin knowledge back to the textbook, which shows restrictions on members ‘decision making power. It includes: 1. Equitable limitation 2. Special procedural requirements (e.g. reduction of capital) 3. Corporations Act and Listing rules prevented interested members from voting 4. Statutory provisions protecting the minority 5. Member’s personal rights 6. Limit on powers of majority to ratify breaches of dirs duties. We pay the attention to special procedural requirements in restrictions on members’ decision-making power. In this part, we know that majority member can remove directors. However, special procedures exists, include special notice must be given to company 2 months before. In this case, it does not mention the special notice, so Mark could argue it. Another key ingredient is limit on powers of majority to ratify breaches of directors’ duties. Majority cannot ratify dirs breach of duty if: – it is oppressive – the result is to prejudice creditors because coy is insolvent when ratification took place – breach of equitable limitation – results in a personal right of member being eliminated Majority cannot ratify director’s breach of duty if it is oppressive. In this case, we know that the relationship between Mark and his cousins broke down. Mark could claim that there is oppression then try to invalid this meeting. Finally, board of directors can delegate certain tasks to committees, a single director, an employee or another person unless constitution prevents it. Although Mark cannot book a flight at the week before Easter, he could do it in this way. Reference: Corporations Act. (2001). s. 125. Retrieved from http://www.austlii.edu.au/au/legis/cth/consol act/ca2001172/ Hanrahan, P., I Ramsay, G Stapledon, (2014). Commercial Applications of Company Law, 15th Edition, CCH Australia.

Thursday, October 10, 2019

On the Waterfront Essay

Kazan does not only use Terry Malloy by establishing him a hero in On the Waterfront to value individual conscience or moral growth above community loyalty or sense of obligation, but also other characters like Edie and Father Barry. Unlike Terry, who has to gain individual conscience, Edie and Father Barry have never been really closely connected to the community, which allows them individual conscience. Their supporting role of Terry’s moral growth is used by Kazan to praise individual conscience, as it also liberates the waterfront. It should not be mistaken that Kazan does support individual conscience in the deaths of Charley and Dugan who had to die for the possession of a sense of justice. Their deaths were portrayed by Kazan as a type of martyrdom and also had a great impact on Terry, which resulted in his portrayal as a hero. Edie Doyle and Father Barry epitomise individual conscience, which Kazan attributes to how they are outsiders and allows this value to waver as both of them become more involved with actions of disruption and protest against the corrupt union on the waterfront. Father Barry was a â€Å"saint [who] hid in the church† believing that â€Å"time and faith were great healers†. It was Edie’s sense of justice which pushed Father Barry out of his passive role to work for social justice, as she bitingly scorned Father Barry’s inability with a close up used so that viewers can tangibly feel her resentment, when Joey had just been pushed off the roof of the tenement. Father Barry had transformed from being a â€Å"potato eater† (demeaning label of an Irish Catholic simpleton), to risk being â€Å"shipped off to Abyssinia† (a pun perhaps as the abyss is death) to break the mob’s corrupt grip on the waterfront. The attack on the church did not faze Father Barry despite the alarming clatter of baseball bats on the pavement and heads being using like baseballs, when the church was under attack by the union. Father Barry’s individual conscience grew as he firmly believed that â€Å"these people (the community) needed help†. This as well as going â€Å"right down to the wire† for Dugan, acted as a catalyst for Father Barry’s growth in individual conscience, which had made him a hero in his own right as he had to triumph over his own inhibitions and the conservative restrictions of and expectations of his role from the church. Edie unlike Father Barry, had already possessed individual conscience (she had contributed to Father Barry’s growth to provide justice), but she like Father Barry refrained from perpetually seeking an end to the corruption on the waterfront. Father Barry had sought to back Dugan as he talked to the crime commissioners so that they could charge the union of corruption, yet when Dugan died from an apparent ‘accident’ Father Barry shied away from taking an active role, preferring to be passive in his involvement, as seen when Terry came to ask for advice of whether he should go testify against the union where Father Barry in a bitter tone said that Terry’s â€Å"own conscience has got to do the asking†. This may suggest Father Barry’s guilt in pushing Dugan to take action which resulted in his death. Edie also refrained from the active role she had taken to find Joey’s killer and unknowingly fighting against the corrupt union, when she realised she loved Terry. Thus not wanting him to die but to â€Å"come to the country, where there is no Johnny Friendly†, who controlled the union, and threatened his life. She may have been trying to protect Terry but she did not consider the impact on those who work on the waterfront, including her own father, Pop Doyle, who would continue to be exploited by the union, thus perhaps compromising her morals to an extent. Unlike Terry, Father Barry and Edie were not empowered to stop the corruption of the union on the waterfront. It is in Father Barry and Edie’s inability to stop corruption that establishes Terry as the hero through his moral growth to individual conscience. Ultimately it is his triumph over the corrupt union to show that individual conscience is valued over community value, when comparing his moral growth to Father Barry and Edie’s. Kazan allowed the audience to follow Terry’s tumultuous moral growth allowing strong connection to form between the bodies. It was loss of Joey that had begun the transformation process that had reignited his bitterness for purposely losing in a boxing final to fulfil Johnny Friendly’s bet. Terry’s relationship with Edie had also contributed to his growth of moral conscience as an individual, as Terry wanted to protect as he confessed she was â€Å"the first nice thing that has ever happened to me† to Father Barry when he was seeking to know whether he should confess to the crime commission about Joey’s death. Father Barry had also encouraged Terry to be truthful to himself to develop individual conscience, allowing Terry to admit he was being used by Johnny Friendly (â€Å"it’s do it or else† when it comes to a favour from Friendly). Terry would not have been a hero with individual conscience if he had not the support from Edie and Father Barry. Terry had to struggle against community loyalty to achieve individual conscience. Kazan uses this struggle to humanise the character making him heroic. Terry had always been â€Å"one of theirs† or part of the union as he was the â€Å"brother of Charlie the Gent†, he was in a sense also an outsider like Edie and Father Barry from the workers of Hoboken on the docks yet he was driven by self-preservation, which led him to adopt the â€Å"D ‘n D† or Deaf and Dumb creed (not speaking up against anything the union did – keeping silent) from the dock workers, which inextricably created a superficial community loyalty as they shared the view that their â€Å"life was not worth a nickel†. It was Charlie’s death that had led to Terry going against community loyalty, as Charlie was his brother and shared a strong connection with each other. Charlie had looked out for Terry as he had sacrificed himself knowing â€Å"10 to 1 they (Johnny Friendly) won’t believe me†. This portrayed Terry as the tragic hero eliciting the sympathy of the audience who will celebrate as Terry topples Johnny Friendly’s position of power, as he stumbled battle worn after violently grappling with Friendly into the warehouse to take his position as the new spiritual leader of the workers, with trumpets in the soundtrack heralding his triumph. His growth to individual conscience had led to Terry’s redemption of Joey and Charlie’s death. Community loyalty would not have achieved this. Kazan valued individual conscience in Edie and Father Barry, but through them has shown that though it may motivate them to defeat corruption they may not be empowered to take action. It is through Terry that Kazan strongly values individual conscience by establishing him as an enduring hero, who had to undergo transformation and go against community loyalty, but also needed support to uproot Johnny Friendly and his corruption.

Wednesday, October 9, 2019

The Movie Mulholland Drive Essay Example | Topics and Well Written Essays - 750 words

The Movie Mulholland Drive - Essay Example The movie starts with a story that seems like that of any other thriller movie but as the movie moves ahead, the story becomes highly twisted. The viewer can not predict what would happen next and this fact makes the story more thrilling. The writer of the story obviously has done a wonderful job hiding the contents or the ‘knowledge’ associated with the fantasy and the reality portions of the story. As a result, the writer deliberately uses the movie to serve an epistemological purpose. Although the fantasy and the real base story are almost completely opposite to each other in the movie, they are very much related to each other. They are similar both are haunted by an undefined guilt and a desire for blissful unity. Further, the characters in both the works are the people that the two main characters know. Hence, both of the stories have been written so well that each of them makes perfect sense and still, interestingly, the reason is not the only thing needed to understand the plot. The movie is a dream and an illusion that defies waking logic and yet seems remarkably complete and seamless. (Ruch, 2001) It is through this that the director tries to portray how sometimes real knowledge cannot be distinguished from the false one as both may seem so authentic and absolute. This idea directly questions how different kinds of knowledge can be differentiated and so the storyline comes under the realm of epistemology. Both of the narrations are also similar because of the presence of a simple concept. Both take place in the dreaming conscious of a single protagonist, Diane Selwyn. Diane (or Betty in the hallucination) is a character that is mostly dominated by emotions of envy and some darker feelings- there is a part of the character that seeks to consume the object of her desire.  

Tuesday, October 8, 2019

Implications Of Digital Panopticism And Profiling Essay

Implications Of Digital Panopticism And Profiling - Essay Example As argued by Jason and Detlev (2010) the development of a system of consumer segment that was referred to as A Classification of Residential Neighbourhoods ACORN that was focused at proper storage of consumer information was essential. One of the notable icons who significantly contributed in market segmentation through information technology is Jonathan Robbin. Based on his contributions and development of software in the marketing field, social clusters emerged. Another implication of digital Panopticism was improved market intelligence. Through storing of information that related to various market segments, marketers are now able to clearly understand socio-economic factors, consumer’s preferences and tastes that are fundamental in the production and delivery of products. Firms are in a position to emulate effective marketing mix that matches the needs of their customers. Emergence of socio-demographic surveillance and real development in consumer surveillance is another ma jor result of the digitalization. This was based on the extensive marketing studies that include algorithmic analysis and data mining. As a result of the extensive use of information technologies, companies can now identify behavioural relationship and consumption patterns that could not be recognized before the use of modern technologies. For example, through the use of internet, consumers can now give feedback that is used by companies such as Coca-Cola to produce brands that are needed by their consumers.

Monday, October 7, 2019

Ursula Burns Week 9 Essay Example | Topics and Well Written Essays - 500 words

Ursula Burns Week 9 - Essay Example She always represents the views of her workers and encourages them all through (Lussier & Achua, 2013). This is considering that she wants them to achieve success in their daily routines and aims at fostering their great abilities at work. She constantly aims at gaining extra success. In this regard, it is true that she represents all the above mentioned behavioral components. Yes. I believe that Burns shows excellent qualities of a servant leader, which makes her fit the bill. It is not possible to leave out the fact that she was brought up by a single mother who endeavored to see her children become successful in life and live better lives. She managed to set herself apart from other individuals placed in the same ranks with her. Above all, Burns had a chance to do for other people what her mother did for her (Lussier & Achua, 2013). Based on my knowledge of Ursula I believe that she meets the criteria for all the 12 qualities presented. Narrowing down to a particular quality would only deny her the great qualities she deserves. First, she shows that she had bought into the vision of the company. Specially, Burns desires to see the company grow and develop into a bigger and better one than it has ever been before (Lussier & Achua, 2013). She hopes that her employees will acquire significant achievements in the company as well. It is true that Burns is an excellent speaker and gifted communicator. This is considering that she managed to climb fast the management ladder at Xerox on account of her exceptional communication skills. Above all, she is endowed with out of the ordinary ethical attributes and self-certainty. This is evident in the subject that she never showed any signs of fear her skills or knowledge. She consistently shared her mind and presented her individual ideas without any worry. Ultimately, it i s her confidence that enabled people around her to confide in her without a doubt. Based on the facts of the case, Burns derives her personal