Thursday, March 19, 2020

How positive impacts outweigh negative effects Essays

How positive impacts outweigh negative effects Essays How positive impacts outweigh negative effects Essay How positive impacts outweigh negative effects Essay Traveling from one country to another is one big hit. It may seem appealing to ones desire to explore new horizon, a benefit to its cause; however, the effect may be the other way around. I disagree that Global Tourism may more like be harmful than beneficial. For one thing, Global Tourism empowers a low-income country to become globally competitive. There is an abundance in the countrys economy because of the merging infrastructures like hotels and restaurants to accommodate the tourists. As a domino effect, more Jobs are available not only to college graduates but to jobsharers without a degree. Moreover, transportation and entertainment businesses are rampant to vacationers who wish to see all the top destinations and leisure activities in a particular place. Lastly, this is a green industry, where most scenic places are maintained to preserve its natural environment. This Industry does not only benefit the people but mother earth as well. Albeit, Global tourism poses disadvantages to people in some ways. There Is a greater chance of a permanent loss of traditional culture if locals change ones lifestyle Just so that tourists can better understand them. For Instance, locals learn to speak English fluently, daydreaming ones own, to prevent barrier communication. In addition, vacationers who bring expensive luggages or gadgets are prospect targets of theft, thus crime increases In number. Moreover, these foreigners can also steal things or even Ideas from the country. Some foreigners recycle an Idea and produce It as If It Is their own. From my point of view, the positive effects of Global Tourism far outweigh Its detrimental Impacts. Countries make the most of one another, as well as both natives and foreigners. The future of global tourism Is a promising one that the government may need to devise policies In order to prevent Its negative effects.

Tuesday, March 3, 2020

Uncommon Author - An Interview with Eliot Peper

Uncommon Author - An Interview with Eliot Peper Uncommon Author - An Interview with Eliot Peper â€Å"For someone who loves a book, would make their day? What would make them happy or make them think of it again or think that it’s cool? And I’m always struggling with that.†Update! We interview Eliot again for the release of the sequel to Uncommon Stock - come check it out!Eliot Peper is the nicest man in the world. At least, that’s how we felt coming away from our interview. His first novel, ‘Uncommon Stock,’ a startup thriller, is both an indie success story and the debut book from Colorado’s FG Press. Eliot’s background is in venture capital and consulting for the tech industry, including spells running his own startups. We met to talk about what it was like transitioning from entrepreneur to authorpreneur, and what it was like working with the newly-minted FG Press.Edit: As of 2016, FG Press has closed its doors. Eliot Peper is now a full-time indie author.- -REEDSYYour first novel is about startups. You’ve had pl enty of experiences in the business world, but had you written much before?ELIOT PEPERI hadn’t written fiction since high school, but I had experience with storytelling. My background was in startups -  I was a founder, then an early employee at a couple of different startups, and then an entrepreneur-in-residence at a VC fund. As you guys I’m sure know yourselves, the fuzzy front-end of building a business, most of it’s storytelling. You’re trying to pitch investors, you’re trying to bring in talent, you’re trying to tell people about the problem you’re trying to address; you’re always telling stories whether it’s to customers, investors, partners, team members -  that’s a lot of what you do on a day-to-day basis. So I’d been doing a ton of that, but I’d not been doing anything like writing a novel.REEDSYI thought it was interesting how widely your book was picked up by the b usiness community. A lot of business writing is generally non-fiction, right?ELIOT PEPERNon-fiction is interesting for obvious reasons. Most non-fiction is â€Å"Here are the lessons I learned doing something,† or with biographies â€Å"What did this person learn through living their life?† For business, I find fiction particularly interesting because it gives you this secret window inside the character’s head.There’s a boatload of non-fiction out there about business -  â€Å"I built GM, or I was the CEO of X company, so here are the things you should think about when starting a company or in your daily life.† But it doesn’t show you that, as I’m sure you guys are experiencing right now, when you’re building a business it’s a human experience, right? Especially for founders who are struggling through their first company or their first couple of companies. It’s a crazy emotional roller coaster. The hum an side of startups doesn’t get a lot of exposure because everyone wants to talk about advice and best practices. Few people want to talk about how it destroyed their relationship with their wife; or how they were sleeping with their co-founder; or how for their series B round they were about to get a ten-x valuation bump on the first round until lead investor had a heart attack the night before and it fucked up their entire company. That stuff happens all the time. I’ve been shocked by the shit that goes down in Silicon Valley.People don’t talk about that stuff publicly in a non-fiction context -  they don’t want to make that their sort of public life. The beauty of fiction is that you can experience that alongside the character. You can give people a window into what it’s like to be the startup or to be in business. And I think for people interested in learning about entrepreneurship that’s really special because there’s a lot more to it that just lean product development.REEDSYYeah, like you don’t need to have abstracted a principle for a story to be useful to someoneELIOT PEPERI’m sure you guys are experiencing this if you have advisors or mentors that you’re going to for advice. You’ll talk to one guy and he’ll say â€Å"Well, in my last business we did this, and we learned that you have to do X.† Then you talk to someone else and they’ll give you the exact opposite advice based on a totally different anecdote.A lot of business non-fiction is like that -  it’s a lot of anecdotes, and it’s really easy to mythologise people. So you look at the big names like Steve Jobs or whatever, and once they’ve achieved success it always feels like you can retroactively go back and say why they achieved success in the past. That’s a really weird thing to do. From a scientific process perspective that’s really bad, b ut that essentially covers all narrative non-fiction. You have to have that â€Å"What did you learn at the end of the fable?† ending, and I think fiction gives you a lot more freedom in that sense. You’re exploring just how humans wrestle with and overcome obstacles. Those obstacles could be killing Gilgamesh, or it could be taking a company public.REEDSYIt’s like parables, basically, or Aristotle’s version of Ethics. He doesn’t try to say what bravery is, he just says â€Å"Bravery is Achilles.†ELIOT PEPERI think the human mind is wired to understand complex problems through stories. It’s boring to read a complex problem that isn’t part of narrative.REEDSYHow have you applied your startup background to the daily routine of writing? I feel like a lot of startup advice is of the ‘work smarter, not harder’ variety. Can you apply that to writing?ELIOT PEPERI think the process of writing is very grinding, in terms of the actual drafting of the manuscript. I don’t even know how you would go about doing that smarter. I don’t really outline, I just spend time brainstorming constantly. On a walk I’ll think about where the characters are, where things are heading, what the next scene should be, what the final scene should be. I feel like I’m in good shape if I know the next scene I’m gonna write, and some kind of North Star that the climax will be. If I have more than that planned out it usually gets stale or I don’t stick to it anyway. I have to spend time immersed in the world psychologically, then I sit down, start writing, and there’s very little I can do aside from forcing myself to make the time, sit in front of Word, and not go on twitter. A lot of it is knowing how to be diligent and how to have discipline.That corresponds to business. It’s way too prevalent with my friends in tech and the startup world who are like â€Å"Oh my God I wa s up until 4am finishing this last release!† To me that’s like saying â€Å"Oh my God, I’m terrible at managing my time!† You know, that’s basically what you’re saying. It was less that I tried to take the lesson ‘work hard at all costs,’ and instead take the lesson ‘only do what matters.’ That’s really difficult to do.As an author it’s so easy to spend all my time blogging and emailing and pitching journalists or influencers to try and get more coverage for the book, to do events, to do signings, to just be on Twitter and Facebook or whatever promotional tools you’re using. You can let that suck away all your time. But at the end of the day the people who read my books, my actual readers, they just want the next book -  they don’t give a shit what I post on Twitter. To an extent, me having a public face, at least they can feel like they’re getting to know me.But you rea lly have to look back and say â€Å"I need to be spending at least the majority of my time doing what actually matters.† In business it’s just as difficult. It’s very easy to spend your time just being external facing when the only reason people are going to be interested in you is to improve their lives by solving a problem. If you’re not solving that problem in what you’re doing every day, that’s a problem.I think that’s probably the one lesson I took from business. The ‘work smarter, not harder’ side’s more relevant in the PR side of things and how you connect with readers. We’re trying to experiment with that. I have a twitter account for the protagonist of ‘Uncommon Stock.’ We built a real website for the fictional startup in the book. We got Foundry Group, the VC firm, to announce an investment in them on April Fools day. That’s sort of fun. My dearest hope is that if I do something that delights my readers, that when they’re at happy hour tonight and they’re quaffing a beer, they’ll say to their friend â€Å"OK, they actually did this.† If that happens that’s one more word-of-mouth referral. Anything I can do to inspire or delight my readers, that’s what I’m going for.REEDSYIt seems like delighting a reader is much healthier than growth hacking.ELIOT PEPERYeah. If you look at the public discourse about how to get readers, the majority of it is the growth hacking kind of stuff. It’s all about how can you engineer your own success and manipulate people into liking you, and I don’t know -  I don’t really like to be manipulated as a reader, so I don’t really want to do that as a writer.REEDSYDo you have any role-models in the self-publishing space?ELIOT PEPERI like Hugh Howey. He’s the wà ¼nderkind, right? But he’s also really personal and personable. He shares what he does, and it feels real. Or, you know Neal Stephenson? He’s a prototypical Big 5 author; he’s been a best-selling author for decades, he has a huge audience, in that sense he’s very mainstream. But he writes on Slashdot and other random forums all the time. The people writing for the New York Times Book Review would never have heard of these places. He’s interesting because if you go to his website, it’s pretty minimal. It’s sort of lame. But he’s also on Slashdot and all these random place, writing super in-depth, honest answers to forum questions from trolls. I find that compelling because it’s like â€Å"That’s pretty cool, you’re just being real, that’s who you are, you’re a sort of goofy nerdy guy, you read Slashdot so you started writing there too.† It’s been very popular. His forum posts turn into memes that people share around writing blogs -  I think thatâ €™s fun.You don’t even have to stick to publishing. Macklemore self-published his first albums, was never signed by a major label, and was able to build a fan-base because his songs are awesome and he made funny videos for them. Now he’s turned that into having some of the top-listed songs over the past couple of years. That’s pretty cool, that’s pretty fun. With the writers I admire most the biggest thing is they write really good stuff, but the other part is in the rest of their lives they come across as really genuine.REEDSYWhat sort of relationship are you building between yourself and your readers?ELIOT PEPERI try to think of writing as literally storytelling. I don’t just hand over the manuscript and that’s that. I try to think of it like I’m literally sitting at a campfire talking to people. If you’re sitting at a campfire with your friends, you don’t want to be awkward, right? It’s better to tell a sto ry they want to hear. And afterwards you’re still their friend. It’s not like the relationship is over -  you’re going to roast marshmallows over the fire and have a conversation about it. That’s how I look at being a writer. I can connect with my readers in a new way or share something with them they might not otherwise know. Like on my blog I write about business because some of my readers are interested in startups and that’s part of why they read my stuff, but I also share personal stuff because if they like my book they might want to know more about me.Do you know Joss Whedon? I find him really interesting. I’m not very sophisticated about films, but what he’s famous for is that while many of the shows he’s made haven’t been that popular in terms of ratings, the people who did watch it were obsessed with it. He’s had the highest aftermarket sales of anyone. The prototypical guy for this is George Lucas. He turned a weird 70s sci-fi movie into the underlying mythology of America, and represents some enormous amount of toy sales and other crazy external licensing sales.The guys who are now doing all these superhero movies are obsessed with Joss Whedon because they’re trying to do the same with these comic book franchises. So they’re trying to take X-Men and turn it into these multiple blockbuster movies but also have video-games and all these other ways fans can experience the story. Joss says he has one question in mind that I think applies to every authors, and that’s â€Å"What can you do that would really delight your fans?† For people who really like your story, how can you double down and give them extra stuff that they would just want more and more of if they really love that story? There’s a really wonderful essay on this, that’s also relevant for early-stage entrepreneurs, called ‘1000 True Fans’.I’m still figuring that out. If people read Uncommon Stock, what more would they want? I know they’d want the sequel because they’re all asking for it, so that’s good -  I’m working on that. But beyond that what are other things that, for someone who loves a book, would make their day? What would make them happy or make them think of it again or think that it’s cool? And I’m always struggling with that.If I was constantly thinking about how I could sell more books, I wouldn’t enjoy the experience of being a writer much. If I want to look at the world cynically, my experience becomes cynical.REEDSYIt’s a bad filter on the creative process.ELIOTYou’re going to have a filter no matter what. If your filter is ‘how can I create something that people will love,’ that’s a fun filter to have. If your filter is ‘how can I create something that people will buy, not only is that less fun from the creativ e perspective, but it’s also very difficult to ascertain. It’s not obvious what people will buy. If you’re trying to select for that, it doesn’t mean you’re going to have any higher chance of success than someone who’s just trying to create something that people will love, and they’re going to have a much better time doing it.REEDSYYou worked with FG Press on ‘Uncommon Stock’ -  what was that like? Did it free you from the commercial pressures traditionally published authors work with, like having to earn out an advance?ELIOTFirst of all, FG Press gives no advances. You have a 50/50 split on all royalties. A typical big-5 contract gives the author about 15% -  that’s fancy math, but that’s more or less what it breaks down to. FG Press is giving a much larger cut on royalties and they’re giving no advance, and I wanted it that way. I think the advance system sets up the wrong in centive. Then the author is writing a book and selling it to a publisher, rather than selling it to a reader. The people who are important to me are my readers. My publisher is important to the extent that they help me either produce something better or do something that makes my readers more happy. I would self-publish in a heartbeat if FG Press was not providing those things for me.The commercial pressures are tied to advances, but the reason that authors are subject to those pressures is because they want the advance. That’s where things can get messy, and that’s part of what FG Press set out to try to do differently. Does that create different challenges? Of course. If you’re not giving advances, the writer has to support themselves until book sales start coming in -  if they do. That’s not a universally good decision -  you need to choose which risk factors you want to take on to produce the kind of content you want to make. T hat’s what they’re doing, that’s their model, and that’s why it’s different. They’re betting that authors who publish through them willingly want to build a readership and want to earn money based on how popular the damn book is, regardless of whether a high-level editor thinks you have potential.REEDSYWhat is FG Press offering their authors in exchange for the initial 50%?ELIOT PEPERFirst of all they’re writing the checks for the initial production costs. It’s true, they take that financial risk, so that’s great for authors who can’t write the checks to take the risks for editing and production. That’s useful and it shows that they’re committed to the title. It just doesn’t cost that much to produce a book. The part where they really add value is through helping to establish a community of readers. As a -  very personal -  example I was sharing my book with Brad becaus e I thought he would like it, and he’s a well-known guy among people who might also like it. If he likes it and writes a review of it, it could be really useful for helping me connect with new readers.When I wrote the book and we released it, that was super useful. Not only did he post about it but he talked to TechStars. TechStars bought ‘Uncommon Stock’ on a license for all of TechStars -  present and future founders. So every TechStars person now gets sent a digital copy of Uncommon Stock. I’d have never been able to achieve that on my own because I don’t have those relationships and I don’t know those people. But working with FG Press it was really cool to be able to do things like that. Or as another example, Foundry Group issued a fake investment. Would they have done that if I was a random self-published author? Probably not, right? So there have been many opportunities working with them for serendipity in terms of working with them that have definitely benefitted me hugely and that I really appreciate that I think also benefit readers. That was a cute stunt, and I wouldn’t have been able to do that for readers.Honestly, the way that I see it at the end of the day and the way that I think FG press is trying to build themselves and the philosophy they take to the table is that they want to just create a publishing model that makes common sense for authors and book production, and then they want to treat everyone like a friend. I’m doing a panel at a tech event. I called FG Press and said â€Å"Guys, I have this opportunity with this big panel -  wouldn’t it be fun if we could like get excerpts of the book to everyone going?† So we’re creating this co-branded landing page where everyone can go pick them up if they want to. Then FG Press said â€Å"If you’re looking for people for the panel, here are a couple of CEOs in the Foundry portfolio that cou ld be a good fit.† So that’s awesome, it makes the panel even better. And so I get to meet a bunch of CEOs who give me good material for my sequel. It’s an all-around everybody-wins.REEDSYHow important was it working with an editor?ELIOT PEPERFirst of all, I need an editor, and I think anyone who thinks they don’t is crazy. If you want to produce something that’s really fun to read, it needs to be edited by someone who knows what they’re doing.I had a couple of different stages. I shared the drafts with Brad but he wasn’t providing on-going feedback and I didn’t want him to. When I’m working on my first rough draft feedback slows me down, it doesn’t speed me up. I need to basically vomit onto the page, and then take that sack of shit in Word format and try to make it better. My first filtration process to try to make it slightly better was sending it to a couple of beta readers who I’d been really selective with. These were people who I had to trust would both be super honest -  not just say it was nice or whatever. I had to know that they’d give me lot of constructive negative feedback.They also each had a specific perspective they could add. One of them for example was probably the top Angel investor in San Diego, and he also studied Literature at Stanford. And so he has this dual perspective of knowing a lot about the English language and loving books, but also being very involved in tech and early-stage startups. I had a friend from grad school, who ended up being my developmental editor, who used to be an editorial exec in Hollywood. She had the whole movie perspective on how those structured plot elements. Movies are incredibly structured stories, and I don’t know that stuff. Having her perspective to help inform where the story could be improved was really useful. They sent back feedback in different forms. Some sent an email with high-level thoughts, s ome people sent me page references. I thought it through, took it on balance, incorporated it.Then I wanted to do a more in-depth, structural look at it because, as I said, I don’t really outline. That’s how I feel comfortable in the creative process but it means more work at the end because you end up having things that don’t work or don’t make sense or aren’t tight enough in terms of plot and character development. So I did three rounds of developmental editing with my friend from grad school. We made a lot of notes, had a couple of phone conversations, and then I would go through and address the problems I thought were important. We did three of those, and each got more gritty. The first one, she didn’t even make notes. She read it, wrote down thoughts, talked through some of the high-level issues. The next one was more scene-oriented, and the final one was more paragraph-by-paragraph.Once we were done with that, I did one more round of b eta readers, different people, got different feedback, incorporate it†¦ and that’s when Brad was giving a lot of detailed feedback. Finally, once we were satisfied with the content we moved onto language. So I did a round of copyediting, then two rounds of proofreading before formatting it for Kindle and print and all that.REEDSYThanks for your time Eliot.

Sunday, February 16, 2020

GM CASE WEEKLY Study Example | Topics and Well Written Essays - 500 words

GM WEEKLY - Case Study Example The main company’s value brand is the Hotpoint and general electric served as the quality line brand. In early 1970’s, MABG management viewed the dishwasher business as an issue despite its market share being over 20+% and its strong financial performance. Most of the GE’s washers manufactured are different from other competitive models, and the dishwashers got criticized as they are heavy water users that translated into excess energy use. Following the quality issues, Jack Welch challenged MABG by proposing a simple fix on the dishwasher business in to make it efficient in operational standards. As a result, thirteen members were put together to architect and implement a key step change (Project C) in the process, product and the workforce factors of the GE’s dishwasher business. The changes included manufacturing changes and workforce changes as Nag Hambrick and Chen (2007) proposed. In the case of manufacturing changes, Moeller, and his team proposed to totally redo the key Louisville dishwasher sections to fully complement and adopt a cellular approach on major production stages. The changes were to get integrated along with PermaTuf and door redesign. Additionally, the team proposed to pursue automation aggressively to reduce cost and improve quality along with product design modification according to constraints and capabilities of the new process. There was also the integration of product testing within manufacturing to an entirely separate quality control organization. The proposed principle to focus on Louisville dishwasher plant on the General Electric-Perma Tuf C product line is an appropriate way to achieve world-class leadership. It is because the concentration on the process productivity, quality and work life quality will enhance production quality. The principle also aims at reducing the number of product parts in the plant from 4,000 to 800. Workforce changes were also significant to part of the Project C. The

Sunday, February 2, 2020

Symbolic Interaction Essay Example | Topics and Well Written Essays - 1750 words

Symbolic Interaction - Essay Example Similarly, the dominant methodological approach, survey research, was criticized as dehumanizing, as eliminating the most significant elements of human life, and thereby producing a distorted picture of the world. "Symbolic Interaction is a down-to-earth approach to the scientific study of human group life and human conduct. Its empirical world is the natural world of such group life and conduct. It lodges its problems in this natural world, conducts its studies in it, and derives its interpretations from such naturalistic studies." (p.67) Blumer's theoretical and methodological arguments were an important resource drawn on by many of the critics of sociological orthodoxy in this period. Symbolic Interaction grew popular as a theoretical counter to functionalism, and the 'naturalistic' methods advocated by Blumer became one of the most common alternatives to survey research. On both sides of the Atlantic, there was considerable growth in the amount of interactionist ethnography in many fields, but especially in the study of deviance, medicine, and education. Blumer was an important, though by no means the only, influence on those adopting this approach. Most of the arguments currently used to legitimate qualitative research are to be found in his writings. S Symbolic Interaction rests on three primary premises. First, that human beings act towards things on the basis of the meanings those things have for them, second that such meanings arise out of the interaction of the individual with others, and third, that an interpretive process is used by the person in each instance in which he must deal with things in his environment. It was Blumer's perception that the first premise was largely ignored, or at least down-played, by his contemporaries. If mentioned at all, he asserted, meaning is relegated to the status of a causative factor or is treated as a "mere transmission link that can be ignored in favour of the initiating factors" by both sociologists and psychologists. Symbolic Interaction, however, holds the view that the central role in human behaviour belongs to these very meanings which other viewpoints would dismiss as incidental. As to the second premise, Blumer identified two traditional methods for accounting for the derivation of meaning and highlights how they differ from the Interactionist approach. First, meaning is taken to be innate to the object considered (i.e., it inheres in the objective characteristics of the object). In this view, meaning is given and no process is involved in forming an understanding of it, one need only recognize what is already there. Second, meaning is taken to be the cumulative "psychical accretion" of perceptions carried by the perceiver for whom the object has meaning. "This psychical accretion is treated as being an expression of constituent elements of the person's psyche, mind, or psychological organization." The constituents of the individual's psychological makeup that go to form meaning, then, are all of the sensory and attitudinal data that the person brings to the instance of meaning formation with her. In marked contradistinction to these viewpoints, Social Interaction holds that meaning arises out of the

Saturday, January 25, 2020

Principle of Separate Legal Personality

Principle of Separate Legal Personality Principle of Separate Legal Personality Separate Legal Personality Concept developed in Company Law, relating to the legal status between a Company Limited by Shares and its owners. The Principle was first accepted in Salomon v Salomon, a landmark case which is often considered to have established one of the most important principles within Company Law; A Company is a distinct legal personality from that of its owners. Because of this Separate Legal Personality is also known as the Salomon Principle. The ‘separate entity’ doctrine (that the company is an entity separate to its shareholders) established very early in Salomon’s case (Salomon v Salomon Co [1897] AC 22). Each regular individual has a lawful identity, importance it holds rights, commitments and obligations. At the point when a Company is consolidated, that is enrolled in the Companies Office and issued with a Certificate of Incorporation; it excessively has a legitimate identity. However a Company cant work all alone, obliging human intercession to direct business for its sake. The guideline of Separate Legal Personality builds that a Company has lawful rights and commitments that are unique and separate from its parts (holders/shareholders). Moreover the benefits and obligations of a Company Limited by Shares have a place solely to the Company and its parts cant be sought after as by and by obligated for the activities of the Company. This division of the Company from its parts is known as the Veil of Incorporation. Example The guideline of Separate Legal Entity can been seen in play in the late Irish case Quigley Meats. The Plaintiffs for this situation (the Quigleys) supplied the Defendants with meat produce for their restaurant. The Quigleys were of the feeling that they were managing the Defendants by and by, however instalments for produce were constantly made to the Quigleys from a Company account. The Defendants got into some money related trouble and quit paying the Quigleys for the produce. The Quigleys then chosen to seek after the Defendants through the Courts for the unpaid bills. The Court at first found for the Quigleys requesting the Defendants to pay the obligation of â‚ ¬26,000. However the respondents advanced contending that they couldnt be discovered by and by at risk as the obligation was for their Company to pay. The High Court concurred with the Defendants because when they did pay the Quigleys they had paid with checks which had the Companys name printed on them, in this manne r they should have realized that they were managing a restricted obligation organization and not people. (Quigley Meats Ltd v. Hurley [2011] IEHC 192) Piercing the Corporate of Veil The lodestar of organization law has remained the honesty of the different identity of the organization: the corporate cloak might be lifted in the most compelling of circumstances. The result is an absence of clarity in the exact lawful privileges of the shareholders and their connection with the governing body. When to lift The case law has showed that the courts are by and large hesitant to lift the corporate shroud. Yet, the points of confinement of a periodic choice of a court to lift the corporate shroud is not closed. It is, hence, hard to foresee the circumstances in which the courts will puncture the corporate shroud, and there is by all accounts an inclination to rehash the wheel each one time it is contended. Courts have approached veil–piercing cases in an ad hoc manner with underlying policy considerations in mind. As Rogers AJA confirmed in BriggsvJamesHardieCoPtyLtd: The threshold problem arises from the fact that there is no common, unifying principle, which underlies the occasional decision of courts to pierce the corporate veil. Although an ad hoc explanation may be offered by a court which so decides, there is no principled approach to be derived from the authorities (Briggs v James Hardie Co Pty Ltd Ors (1989) 16 NSWLR 549 at 567) When deciding to disregard the separate legal personality principle Jenkinson-J, in DennisWilcoxPtyLtdvFederalCommissionerofTaxation, stated that a court should do so, â€Å"†¦only if [they] can see that there is, in fact or in law, a partnership between companies in a group, or that there is a mere sham or faà §ade in which that company is playing a role, or that the creation or use of the company was designed to enable legal or fiduciary obligations to be evaded or a fraud to be perpetrated† (Dennis Wilcox Pty Limited v Federal Commissioner of Taxation (1988) 79 ALR 267) Fraud The corporate veil may be lifted where there has been an extortion or other break of the law. The extortion and sham contention alludes to the utilization of a partnership by the controller to avoid a lawful or guardian commitment, where the company is utilized as an issue to cover genuine commitments. As the Full Federal Court noted in Donnelly-v-Edelsten â€Å"the contention [of fraud] is, obviously roundabout. It can just succeed if the contention of sham succeeds. On the off chance that an organization is a sham or veneer then it has fused only to mask the truth of its operations or dodge commitments. (Donnelly v Edelsten (1994) 13 ACSR 196 at 256) To penetrate the corporate shroud for misrepresentation, the organization must have the plan to utilize the corporate structure as a part of such a route as to deny the offended party some for every current lawful right. All the more particularly, the organization is consequently used in a way to evade a lawful commitment. To be clear, it is for the most part reasonable to structure organizations to dodge a future risk, for instance in a hazardous business wander that may come up short, however courts may not permit an organization to be structured to abstain from performing a current legitimate obligation. In any case, such contentions can be scrutinized for dismissing the different element guideline. Concerning a sham enterprise, Windeyer J has held if an organization is appropriately joined and enlisted under the Corporations Act and the best possible records are kept in due structure and the recommended returns made, it keeps on existing as an issue substance. In that sense it is a reality and not a sham. (Peate v Federal Commissioner of Taxation (1964) 111 CLR 443 at 480) Group Enterprise Any uniqueness from the standard of independent corporate identity is prone to be joined by a recession of constrained corporate obligation. This is, maybe, most clear in a corporate gathering structure. The gathering endeavour ground incorporates circumstances in which a corporate gathering is acting in such a way as to make every individual substance vague and, consequently, the corporate cloak is lifted to treat the guardian organization as subject for the demonstrations of the auxiliary. Figures that show that two or more organizations were occupied with a gathering venture include ;( Ramsay, I. â€Å"Piercing the Corporate Veil in Australia† (2001) 19 CSLJ 250 at 257) †¢There is an element of partnership or group accounting present; †¢Obvious influence of control extending from the top of the corporate structure; †¢The extent to which the companies were thought to be participating in a common enterprise with mutual advantages; †¢The relationship between the two companies is that of parent and subsidiary; †¢overlapping directors, officers, and employees, †¢One company in the structure acts as agent for the controlling entity; and †¢There is an element of sham or facade present, that is, the corporate structure is used to evade legal or fiduciary obligations. As Rogers AJA affirmed in Briggs-v-James-Hardin--Co-Pt-Limited--Ors †¦ the recommendations†¦ that the corporate shroud may be penetrated where one organization activities complete command and control over an alternate is altogether excessively short-sighted. Rogers AJA went ahead to perceive that it is a business reality that a guardian organization as a rule does activity complete control over a backup, subsequently, uncovering the inborn blemish of a strict application of the different substance standard to corporate gathering. (BriggsvJamesHardieCoPtyLimitedOrs (1989) 16 NSWLR 549) Commits a Tort In spite of the fact that the courts have been more slanted to penetrate the corporate cover in contract claims, there are signs that courts are readied to lift the corporate cloak and make a guardian organization subject in connection to torts submitted by a gathering organization which includes: (a)Cases of agency, partnership or trust between the subsidiary and parent company: Briggs v James Hardie Co Pty Ltd (1989) 16 NSWLR 549; Spreag v Paeson Pty Ltd (1990) 94 ALR 674 (b)attribution of direct liability by reason of the parent company and subsidiary both owing a duty of care to the tort claimant according to the limiting tests of reasonable foreseeability and proximity, chiefly demonstrable by a level of actual control over day-to-day operations of the subsidiary (CSR Ltd V Wren (1998) Aust Tort Rep 81-461) akin to the subsidiary being a mere faà §ade (James Hardie Co Ltd v Hall (1998) 43 NSWLR 554 at 579-584) Effects of Corporate Separate Personality Transferable Shares The way that an organization is lawfully separate from its parts encourages the exchange of shares. The issue of shares is viewed as an issue method for raising capital for the organization (albeit littler brokers are regularly pulled in by the idea of fuse just as an issue to ensure themselves from potential boundless obligation). The trading of shares on the open market additionally prompts straightforwardness since it goes about as an impetus for administration to lead the business in a sensible way. This straightforwardness empowers more prominent investigation by pariahs of the organizations undertakings and diminishes the opportunity for deceitful conduct, along these lines enhancing the attractiveness of the shares. It additionally implies that financial specialists have the capacity get the imperative data they require keeping in mind the end goal to assess the organization before entering into business exchanges. From the organizations perspective, on the other hand, this st raightforwardness can regularly prompt divulgence of data that they would have liked to withhold and place them in a more helpless position with contenders. Ownership of Property Where an organization holds property in its name, this has a place singularly the organization and the shareholders have no restrictive rights (other than for the estimation of the shares they hold). This gives shareholders and workers more security than if a chief decided to leave his position and had the capacity authorize a deal and division of any organization property or resources he possessed. This position thusly makes the shareholders ventures more appealing and secure. Notwithstanding, this may be to the impediment of a merchant who possessed the organization property before joining yet neglected to accordingly dole out the protection approaches to the organization. This was delineated in Macaura v Northern Assurance Co wherein Mr Macaura had protected timber under his name and this was then decimated by a blaze. The insurance agency declined to pay out on Mr Macauras case, expressing that he had no insurable enthusiasm toward the timber as it was claimed by the organization . In the same way, a guardian organization does not have an insurable enthusiasm toward its auxiliary organizations, even where they are completely possessed by it. Distinct legal identity A standout amongst the most noteworthy impacts of corporate separate identity is that the organization expect a different character from that of its parts. Regardless of the fact that an organization is possessed by and large by one shareholder, the organization has a totally separate identity from that single person. This is affirmed by the main instance of Salomon v A. Salomon Co Ltd in which the House of Lords held that the organizations demonstrations were its demonstrations, not those of Mr Salomon by and by. As an issue, Mr Salomon was not generally subject for his organizations obligations. It is important, then again, that the Court did perceive that there would be circumstances in which they would be arranged to move far from that standard and lift the cover of fuse and discover people subject where they had acted insincerely, deceitfully or irrationally. Limited Liability Because of the way that the organization is a different lawful individual, it takes after that its parts wont for the most part be subject for its obligations and commitments. This gives the shareholders an extraordinary level of security, since it implies that they find themselves able to benefit from the accomplishments of the organization whilst being protected in the information that their individual risk is constrained to the estimation of the shares they have obtained. On the other hand it ought to be noted that those parts who take part in the administration of the organization wont essentially be secured from individual obligation. Also, the idea of restricted risk may not be alluring to potential loan bosses who may require extra security for their credit. Ability to sue and liability of be sued The primary advantage to brokers of joining is the idea of restricted obligation; on the other hand, this can demonstrate to the impairment of outsider lenders who enter into exchanges with the organization. Whilst the leasers will have the capacity to sue the organization itself, they will most likely be unable to recoup their cash if the organization is wiped out. It ought to be noted additionally that an organization has the capacity sue its debt holders for non-instalment. So it is a lawful person that can both sue and be sued. Problem with the Salomon Principle The focal issue with the Salomon rule is a moral one. It is the backwards of the second advantage, talked about instantly above, when seen from the viewpoint of individuals managing the organization from the outside. In the event that Aron Salomons property is secured, then individuals managing the organization have just got the organizations own particular resources accessible to them if the organization goes into indebtedness. This implies that an ambitious person in the position of Aron Salomon may give less mind and regard for the need to arrange genuinely and reasonably with outsiders on the grounds that the business visionary confronts no extraordinary individual danger of misfortune, past injured pride and the trust of a beneficial business (aside from what is said beneath in regards to fake exchanging). Thus, different shareholders in an organization bear no individual danger of misfortune if the organization falls flat in light of the fact that the constrained risk which is allowed by our organization law by definition confines their individual liabilities. When we include the greater part of this together, we land at a position whereby the whole economy is inhabited by organizations whose shareholders and administration bear a minimal immediate moral obligation or misfortune if those organizations ought to fall flat. The morals of that economy get to be faulty if nobody confronts the danger of open finished, individual misfortune. Conclusion The impacts of corporate separate identity are expansive. An organization is viewed as an issue element in its own particular right and, in that capacity, its parts have constrained obligation for its obligations and commitments. The organization has the capacity own property in its own particular name and issue shares to raise capital. It has the capacity sue debt holders and likewise be sued by its leaders. At long last, a central normal for corporate separate identity is that of interminable progression, which brings about a continuation of the organizations presence paying little respect to its parts.

Friday, January 17, 2020

Workshop Critique

Designing a more effective workshop is a daunting challenge to today’s fast moving world that exhibits dynamism in various aspects. As a result it poses a daunting challenge to the workshop organizers and planers especially when there are sensitive issues regarding to conflicts, interracial misunderstanding and poor communication among the participants. In this regard, designing and implementing workshop for the young persons who face challenging issues when they have been asked to work in a group such as Communication, language barriers, culture differences and conflicts, on which the participants wanted to improve on becomes a challenge. As a consequence, design for such a workshop it is deemed necessary to critically balance the goals of the participants and the learning and facilitating resources against the philosophy and objectives of designers (Barbazette, 2001). This aspect of workshop planning and implementation is a key principle to a successful workshop implementation that guarantees positive outcomes of the workshop which some planners usually neglect. In circumstances that balancing principle is neglected the planers usually dominate their design with their views and views of the participants obtained from surveys such as TNA for this case. Although in most cases in the process of workshop designing both planners and participant’s philosophical ands theoretical goals may be coherent in the sense that both aims at improving their educational process, the reality of the school environment can cause inappropriate planning and miscommunication in regard to workshop design. However, planers creativity, innovativeness and awareness can help arrive at a tangible workshop that participants can implement the skills, attitudes, behaviors and knowledge to their daily practices in their respective schools and groups. Therefore in designing an effective workshop the key domains that were considered are logistics, recourses and content. Rationale for Workshop Design The rationale for workshop design was informed greatly by logistics involved, content and the learning and teaching resources. The design was highly influenced by the TNA conducted which revealed that the students or participants had difficulties working in groups in terms of communication, language, barriers, conflicts and cultural differences. In this regard, the workshop was stimulated in away that it became a leaner centered. The logistics involved in the workshop design to a greater extend contributed to the success of the workshop. By summing up the aim of the logistics involved in the workshop design, the workshop was supposed to impact day-to-day group work tasks of the participants (Barbazette, 2001). The focus of the workshop was centered on the understanding the principles and process of effective group formation and functioning with respect to diversity. In order to ensure that the workshop materials are applied by workshop participants to their normal schooling life, the workshop plan utilized the following strategies: first, Individualization technique that used appropriate teaching technological resources to present individualized learning materials to the participants like reference to special links on the internet because we recognize that every participant has quite a bit to learn. Second, Time was sufficiently allocated that facilitated absorption of principles and by most participants. Third, the school support â€Å"buy in† was also central to the plan as the school had to buy in the value of the workshop by permitting workshop to be conducted and students to participate. And the fourth aspect, was the selection of learning materials â€Å"Take to class materials† that are relevant to content and participants. However, despite the logistics involved in planning for the workshop effective learning during workshop proceeding is determined by quality and concern of faculty, peer group, and effective content and pedagogy. These factors are addressed by content, instructional approach and resources used in the following section. The content instructional approach was largely drawn from Kolb learning cycle (see figure 1) that utilized participant’s experiential knowledge as learning resource. Kolb learning cycle model (Kolb, 1984) emphasizes the use of learners experience to build new content. This approach is very important in learning and teaching undertakings especially to students in the sense that facilitator induces reflective aspect to learners in order for it to become a process and routine to develop learners. Kolb learning cycle comprise of four phases: Concrete Experience, Reflective Observation, Abstract Conceptualization and Active Experimentation, which must be adhered to in order to attain meaningful learning. By adhering to these four stages, the participants were able to reflect on their experience to formulate concepts which can be applied to their future situations relating to group work. The new participant’s behavior is tested out by exposing him or her to new situation or previous situations and comparing the effectiveness of learning outcome. For instance, in this case speed ball was reintroduced to participants after learning and revealed that group competency has been gained evident by reduction in task performance time for 17seconds to 1 second. Briefly the four phases of Kolb’s cycle are significant in enhancing learning and skills long term skills that the workshop participants can apply to real life situation. For instance, Concrete experience phase involves ‘doing’ aspect that drive for process and content of workshop through materials. The use of interactive games in workshop like speedball, this enhances experience on the past of participants. Reflective observation is the participant’s qualities and judgments of events and discussion of the learning process with peers (Cranton, 1995; Trotman, 2000; Gordon, 2002). As a result, participants were able to reflect on their training at the workshop and at the same time normal school learning situation this enable the students to have confidence with their colleagues and mitigate painful learning experiences. To enhance a meaningful reflection of the participants keep their journals or a log. Importantly, reflection aspect is vital mechanism to promote learning and professional development. Abstract conceptualization helps learners to plan better future activities added to their reflection of their personal experience by being informed by educated theories. In this context, Educational theories were major drawn from luck man’s model of learn development, forming, worming, storming and performing. While at the same time the Taylor’s set of 16 guiding principles of effective groups was utilized see [table 1] (Taylor, 1996). Through educational information added to the students own reflection, enables the participants to integrate theories and the analysis of the past actions to draw conclusion about their group work practices. Active experimentation is the final and actualization phase according to Kolb cycle of learning in the sense that it enables the work shop participants to use conclusion drawn about present actions from Abstract conceptualization phase as a basis to plan changes to their group work performance, the Active experimentation phase is vital because it generates concrete experience to the participants thereby forming knowledge base to inform, educate others and develop effective group interactive skills. Moreover, the attained concrete experience serve as a platform on which the participants of the work shop can review and reflect to form conclusion about the effectives of the outcomes. The content emphasis was drawn from Turkman’s Forming, Storming, Norming, Performing and ending model (see figure 1). These four distinct stages were emphasized on because the students complaint on their difficulties they do experience during working in groups greatly lie in the misunderstanding of the critical process of effective group formation and functioning. The content planned was aimed at covering and teaching the participants how to form, storm, norm, perform and adjourn the group once it is through with the task assigned. The group forming stage the emphasis was on the group leader role was stressed since there is little agreement from the team other than leader guidance and direction. Moreover, the many questions relating to objectives, purpose and individual concerns should be answered by the leader, while the members can engage in system testing to understand it better. Therefore, the forming phase entirely is dependant on the leader’s directives. The second phase of storming, the members may experience difficulties in decision making and struggle for positions. As a result, these struggles cause increase of purpose clarity but plenty of uncertainties may also persist. Therefore, the workshop participants were informed to be tolerant with different views of members disregarding their ethnic, gender or race, and try as much as possible to reach an agreeable compromise in line with their goals to avoid emotions distract their progress (Farbstein, 2003). The workshop participants were informed that if they successful undergo the first two phases, then the third stage of norming will come in automatically with ease in decision making and agreement amongst the members. Moreover, the group shall have strong unity, commitment and respect for the leader. Thereafter, the team moves to performance stage where the team shall be more strategically aware of why it is doing what it is doing due to shared vision without strict supervision or leader direction. As a result, the team shall have ambitions to over achieve their goals, easy conflict and disagreement solving and the group shall work with less instructions and directives, while the leader’s role shall only be streamlined to delegate and oversee the performance. Then lastly, the group can adjourn as the last stage when the task has been accomplished successfully. The participants were informed the joy and fulfillment of adjourning stage rests on group dissolution when everyone move to do other things or assignments feeling good about what's been achieved. Therefore, group member ought to strive to have a happy ending by facilitating a successful group formation and functioning in their school learning activities. In addition to Turkman’s model of group formation and performing, Taylor’s 16 principles of effective group performance were included in the content since they guide and help group running normally. These included: Testing inferences and assumptions, Sharing all relevant information, Focusing on interests as opposed to positions, Agreeing on what important words mean, Being specific when referring to anything like using examples like Peterson and not you, Disagreeing openly with any member of the group, Make statements and then invite questions and comments and Explaining the reasons behind questions, actions and statements. Additionally, jointly designing ways to test disagreements and solutions, Discussing undiscussable issues, Keeping discussions focused, there should be no taking of cheap shots as they may distract the group, All members are expected to be participating in all phases of the group processes, Exchange relevant information with non-group members, Make decisions by consensus, Doing self-critiques. These principles are vital and useful to group as they offer guidelines to successful group functioning and performance. Workshop resources were carefully selected since the learning resources can be turned into a factor with a positive impact (Farbstein, 2003; Kieren, 2005; Smith, 1998). The challenge towards meeting sufficient workshop resources was funding or financial limitation to avail the necessary resources to the participants such as handouts on principles of effective group performance and the Turkman’s model of group forming, storming, norming and performing. Despite financial limitation, there was use of relevant text books, reference to important websites for information regarding effective group functioning and use of charts was widely used. In addition to that, the participants were requested to write a position paper in rejection or support of the pedagogical innovations used in the workshop. Workshop outcomes The workshop outcome from my observation, it was very good and the team was able to communicate with each other, they have followed exactly the Tuchman’s model of team development, forming, storming, and norming, performing, and then ending. Moreover, I observed that the conflict on the norming stage was not obvious because the number of the team members were few; therefore they were able to overcome their conflict so easily. Additionally, during the activity, I noticed that some students showed leadership skills and some were just followers and listeners. The major theory that can be used to explain this show of behavior is goal setting and reinforcement theories. This is in the sense that the participants were able to set their personal goals that motivated and spurred their behavior and need to achieve. While on the other hand, the facilitators were able to reinforce positively the participants especially by use of extrinsic motivators. As a result, the survey results obtained from students showed that they all liked a lot the workshop (Kirkpatrick, 1994). Recommendations for improvements The workshop was successful but needed more aspects and issues to be looked at or incorporated. For instance, during facilitation there is need to integrate workshop design with more academic theory and application in sense that they are interwoven to have it deliver skills and knowledge at its best. The making of this linkage can help to continue the momentum from the participants’ experience. However, there is need to revolve around more personal theory around participants responses to the experience and less of academic theories. Furthermore, there is need to allocate sufficient time to maximize the outcomes of the activity by considering its implications and impacts of day-to-day participants academic undertaking. And finally, learning and teaching resources ought to have more attention paid to and proper resources mobilization to even include handouts to help participants with application outside the workshop. Lastly, the TNA need to be clearer and all inclusive to include wide views of stakeholders. Conclusion In conclusion, the paper has looked at the workshop design and implementation with insight to its outcomes. The success of the workshop demonstrate the fact that technical competency at any organization is not enough, but rather the interpersonal skills that facilitates individuals development of effective work relationships. In order to attain that, there was collaborative approach to design and implement the workshop to meet the needs from various participants’ perspectives. As a result, the workshop was able to successfully transfer of learning to behavior because: first, participants improved their communication skills demonstrated by reduction in speedball exercise time from 17 seconds to 1 second. This also indicates that Participants had attained an increase in self-awareness in relation to body language, tone of voice and active listening. Moreover, the participants showed that they were less aggressive and more assertive in relation to their approach while interacting with their peers. Secondly, the participants gained insight into behavior of self and others. Therefore, the participant developed a sense to appreciate others’ cultural, racial and ethnic differences and was able to adapt necessary communication styles aimed at improving their interpersonal relations.

Thursday, January 9, 2020

Analysis Of The Book Narrative Of The Life Of Frederick...

Since the start of America, people in minority groups have been put through pain and suffering because of America’s government’s laws and rules, and these laws and rules made the minority groups at a higher risk to cruel behavior. The American government put rules and laws in place so that white Americans can treat minority groups worse than animals. American slavery has been a cruel and an effective means for a government groups to abuse and burden a group of people by brainwashing and stimulating depending tendencies, discrimination and mistreating. This government can be damaging to people in slavery and people who own people to use them as slaves. The American population, especially in the south, practiced a belittling practice so they could continue to use the harshest laws on the minority groups. In the book called â€Å"Narrative of the Life of Frederick Douglass: An American Slave†, by Frederick Douglass which is his autobiography, which shows, through personal experience, the harsh treatment and the power a slave owner had on a slave life. From an early age, Douglass is forced to go to Baltimore, an event that offers him a brief break from the unforgettable situation on a plantation. In Baltimore, he learns how to read and write and starts a journey to an emotional freedom that eventually makes a way to his productive get a way to the north. Even though there was a lot of hurting he had to go through he manages, â€Å"[the] most amazing is the indestructible totalShow MoreRelatedAnnotated Bibliography Of The Life Of Frederick Douglass Essay858 Words   |  4 PagesAnnotated Bibliography Boxill, Bernard. Frederick Douglass’s Patriotism. Journal of Ethics 13.4 (2009): 301-317. EBSCO. Web. 19 Oct 2015. 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