Wednesday, August 26, 2020

Don’t Waste Your Life

Flautist, john. Don’t squander Your Life. Wheaton, Illinois: Cross Way Books:2003, Pgs 191. Since 1980, John Piper has been the minister for lecturing at Bethlehem Baptist Church in the core of Minneapolis. Reason for this Book and Summary The principle reason for which John Piper composed this book was to support Christians and non Christians to not squander their lives (1 Corinthians 6:19-20). John Piper needs all individuals to know the reason for which they were made and to live for it. Moreover, John Piper reveals to us that we have a place with God; we don't have a place with ourselves since God got us at a price.It isn't about how to dodge an injured life however how to stay away from a squandered life. The Bible is perfectly clear: God made us for his brilliance. Along these lines says the Lord â€Å"Bring my children from a remote place and my little girls from the closures of the earth, each and every individual who is called by name, whom I made for my glory† (Isaiah 43:6-7). Life is squandered when we don't live for the magnificence of God. The Bible says that, you can part with all that you have and convey your body to be singed and have not love (1 Corinthians: 13:3). On the off chance that you don’t go-to people to God for everlasting happiness, you don’t love. You squander your live.The inverse of squandering life, is the living by a solitary God-lifting up, soul-fulfilling energy. The very much lived life must be God-commending and soul-fulfilling in light of the fact that that is the reason God made us (Isaiah 43:7; Psalm 90:14). Gracious, what number of lives are squandered by individuals who accept that the Christian live methods essentially maintaining a strategic distance from disagreeableness and accommodating family. In this way, there is no infidelity, no taking, no killing, no misappropriation, no extortion, just loads of difficult work during the day, and bunches of TV and recordings, and heaps of fun stuff toward the end of the week, woven around chapel (mostly).This is life front a large number of individuals. Squandered life. We are made for increasingly, undeniably more If we want that there be no gloating aside from in the cross, at that point we should live approach the cross, in fact we should live on the cross (Gal 6:14). Gloating in the cross happens when you are on the cross (Gal 2:19-20). â€Å"I have been killed with Christ, it is no longer I who live yet Christ who lives in me. Furthermore, the life and now live in the substance I live by confidence in the Son of God, who cherished me and gave himself for me. † Living amplify Christ is exorbitant. This isn't unexpected. He was crucified.He calls us to tail him. †If anybody will come after me, let him deny himself and take up his cross and follow me† (Mark 8:34). A real existence gave to making a big deal about Christ is expensive. On the off chance that our single, sweeping energy is to make a big deal about Christ throughout everyday life and passing, and if the existence that amplifies him more than anything else is the life of exorbitant love, at that point life is hazard, and hazard is correct. To run from it is to squander your life. Significant Themes Some of the subjects examined in this book: flaunting just on the cross, the blasting focus of the brilliance God, preferable to lose your life over to squander it.John Piper introduced these topics delightfully under enthralling sub points in the book; every one of which heats up the heart and furthermore challenges not to squander their life. There is actually no story line from my perspective, however that change the way that the subjects have been treated through efficient musings. Assessment Don’t Waste Your Life to me is great. I state so in light of the fact that, when you read each page, you have a feeling that you are not satisfying hope, it like you are not doing as much as you should be doing.The book is so ro using to such an extent that it gives another test, and revives a withering energy. The book causes one to feel like one needs to rededicate his life to Christ and start once more. John Piper causes one to feel if another opportunity to brought into the world again truly so as to compensate for the squandered years, one would falter to get a handle on that opportunity. The book doesn't leave anybody detached, regardless of whether adherents or unbelievers. The book tends to each general public and culture, that is, it applies across cultures.The logic in the presentation of section five that says: If our single widely inclusive energy is to make a big deal about Christ throughout everyday life and passing and if the existence that amplifies Him more than anything else is the life of expensive love, at that point chance is correct. To run from it is to squander your life. This logic appears to me to be the center of John’s thought in this book. The individuals who feel that Ch ristianity is walk in the park can get from this book with scriptural support that there additionally the parts of enduring in it. Application This book resembled a suggestion to me, from now, I realize that I should be responsible concerning how I utilize or spend my time.I have come to understand that there are thing s one might be doing believing that they are significant thinks in the side of God, just to acknowledge after that it was a complete exercise in futility. For instance, the various church programs that we have that don't promptly go-to people to Christ, rather, some even demoralize individuals from following Christ. I won't squander my life. I prescribe this book to all Christians paying little mind to their situations in Church. This book will be of help to non-Christians too.

Saturday, August 22, 2020

Reflection Report And Learning From An Experience Education Essay

The examination study is a signifier of thought, how to break down dependent on comprehension and feeling. As an executive self image dissect to accept about fizzling and qualities. In this examination, it is have to focus on imparting achievements, cut heading, extend course, risk bearing, investigation, self rationale and course ( self judgment, self rating, self response, and smugness ) , work goals, crew effectivity and undertaking arranging. The main points of this investigation are expected to talk and focus on following segment: Long lasting larning after this postulation class understanding Experience and Importance of gathering work and relationship with crew individuals Significance to keep up everyday dairy for long count endeavors, for example, thesiss, investigate work contemplates or any long capable endeavors. Examination is a progression of measure to see down for future notice and help Significance of examination and research we accomplished for our task preparing of running endeavor Nature of business related to subject Mentor and gathering individuals recommendation and exhorts so note down in thought dairy Fundamentally agonizing insight is a strategy to dissect him/her sense of self inside and significantly and occurring out the issue of unsteadiness, settle somewhere near the experience which makes the hugeness of personality. Furthermore, gains from a similar reiteration experience and transformed him/her sense of self solidly by the outcome of encounters. Reflection design is the signifier of inner self awareness and personality appraisal and portrays the outcome and aftereffects of individual ‘s actions.Remembrance of Experiences ( Weekly Detailed Dairy )WeekDateActivity01 14 - 06-2010 First hebdomad, we went to the presentation meeting of AMP Module given by Vincent Ong, and larn how to create an investigation and how to follow the configuration and so forth from strong mentor. After that Academic Liaison Librarian has give the detailed data about way to set the referencing in our investigation and module enchiridion of AMP was given to us all. Following twenty-four hours movement was about the written falsification and turnitinUK. JBK clarified us sing rethinking and normal for turnitinUK. They other than helped us in chase of related articles from computerized library. First clasp, I have discovered that how to set cardinal words in progress chase and get the journals and articles called normal research to uniqueness and back up our work. Loot clarified us about the examination study and how it is applicable with our investigation and what makes a decent thought investigation and what ought to be the development of study. After that we have gathered enchiridion of AMP subject. During this hebdomad we have shaped a gathering of 10 individuals as we as a whole previously cooperated so we knew one another. One thing in support of us that working with known gathering individuals will chop down clasp brought to get down acting and trepidation of each casing of work. Get bringing down of this hebdomad we as a whole felt energized and idealistic. As we got data about work we turned out to be all the more recognizing, confused and uncertain and our subject other than made us extremely uncertain and biting the dust. Be that as it may, after two yearss encephalon inclining with bunch individuals and expand treatment with mentor consoled us, and gave us clarification and indicated right way. As a rule we discovered that expansive extent of assets and journals are accessible in our library ; it was dissected that without the mentor direction might be we would be on the inaccurate way. We other than comprehend the significance of refering to. Instructions to looking into the stuff from various scholars and significance of sharing musings each piece great as we comprehend the significance of optional research. Found out about the significance of the clasp bearing in attempted and appropriate referencing ; might be some activity will be experienced during the endeavor like in close to home arranging and in pull offing a gathering. Learning arrangement in this hebdomad would resemble how to happen pertinent data all the more solidly and educated the interest to keep records about everyday exercises of progression. 02 21-06-2010.This hebdomad, I have perused the enchiridions and all stuff given by mentor. Two articles in enchiridion are extremely much accommodating for understanding the subject. Today we start our endeavor ; we did research and discovered 5-6 articles about imprint advertise decision and contrast somewhere in the range of B2B and B2C designs. Going up against much difficulty in examine about the significant subject on the grounds that our subject is a lot of dangerous and perplexing. Following two twenty-four hours battling and with various cardinal words as recommended by mentor, we came at one purpose of start. Need to comprehend the union Main Report like how to pull grounds and assess and present our ain thoughts in Report. It was prompted that the central investigation ought to be union rather than expressive. A bunch of hurdlings came while looking for the subjects. To twenty-four hours I got some utile articles and in the wake of perusing got some utile purposes of my requests. This hebdomad we had a gathering on Friday to work out the issues sing the dread of subjects and their cardinal styles for chase. 03 28-06-2010 This hebdomad, encountering a lot of difficulty while perusing, reevaluating and looking at the articles of various essayists and various sides sing my subject and cardinal words. Before begin creating the writing reappraisal, I should require to comprehend and break down the Harvard System for legitimate referencing. So Google it and occur and comprehend the numerous methods of seting refering to for article, journals and books, for example, articles with losing day of the month, losing essayist ‘s name, with mutiple or two author ‘s work and so forth. Today, I began my work on theory and I made a booklet of my all downloaded article and took the print and read two of them so do the combine point from them I have been begun my work from writing reappraisal which is the main natural structure of the examination where we needs to set our capacity to deliver a nature of work at that place. I had composed my combination point from two articles. This hebdomad we had a second gathering on Friday to work out the issues sing the worry of subjects and part a few considerations each piece great as looked through article with one another other than our endeavor chief direct us some utile subject identified with solicit foring stamp from mechanical arrangements. I have chosen to part my work section savvy as guided us by our AMP staff Coordinator. So we come the point that work ought to be start from writing reappraisal development. 04 05-07-2010 Today I got my outcome ; I had passed my in all resources. Thankss to Almighty GOD. Today I other than survey the one more article which is introduced in a worldwide meeting sing issues identified with ICT looking by SMEs organizations. So remove some central point from this article and note down. In our gathering we talked about the contrast between E-business and E-begin, it found about an intricate perusing that e-start is connected to the B2B and e-business is connected with B2C. Besides from surveies one thing come out that is advanced related stocks and computerized inconsequential product. Our endeavor crew pioneer clarified and unmistakably separated that carefully related product for example bundle applications, itinerant telephones, computerized cameras were progressively appropriate for web based business, and all the more simple sold over the internet not at all like carefully disconnected stocks like furniture where shoppers must want inspect genuinely before a buy is made. We other than talked about and concentrated further on the cardinal issues and thought sing the stamp greeting for site advancement arrangement. 05 12-07-2010 In writing reappraisal, looking at of all examination laborers and scholars work applicable to theme is extremely much hard and diverse nature of work for me. It is seen that all exploration specialist focusing the comparative issue that affecting the activity while organization is heading out to B2C showcase and recommends a similar interest and cardinal thought. As I am holding the main involvement with this level of writing reappraisal and work however it is tremendously intrigued and knowing endeavor for me. It is extremely simple to go amiss from the first subject during the writing reconsidering method. Sensed that entertainment from my unique subject in this bit of work. May God help me to make this in great and most ideal ways identified with request subject interest. 06 19-07-2010 This hebdomad I was non ready to deal with my investigation because of my some close to home fight and some family issues so I was out of station. 07 26-07-2010 This hebdomad, I began to comprehend and amend a few articles and paperss on offering. As I have to comprehend that how to request the stamp for innovative and bundle arrangements. Issues come up while creating on approach foring stamps for innovative arrangement. Since greeting of stamps for capable and non capable arrangement are a lot of befuddling and related work. In any case, feel comparative intriguing as I am holding the new expertness and expertness in this new nation of offering. I do n't hold any understanding of perusing such sort of paperss. As I was stuck on the proportion of ask foring stamp so today I talked with the crew head of our gathering so she help me out in trepidation of this particular point that what are the cardinal interest for ask foring the stamps as I was accepting on the arrangement like that sing offering yet she tackled my issue and sent a few articles for writing reappraisal identified with this. She is extremely much helping individual and pleasant woman and she ought to be a decent crew pioneer in future. 08 02-08-2010 Disarray origin on welcome stamp for web advancement that whether it should b E-offering or ordinary conventional way. Another issue that I was standing up to that in the vast majority of offering article there is no appropriate essayist or research specialist name. Generally the organization and authoritative name are referenced w

Thursday, August 20, 2020

Burned Biscuits

Burned Biscuits When I was a little child, my mom liked to make breakfast food for dinner every now and then. And I remember one night in particular when she had made breakfast after a long, hard day at work.On that evening so long ago, my mom placed a plate of eggs, sausage and extremely burned biscuits in front of my dad. I remember waiting to see if anyone noticed! Yet all my dad did was reach for his biscuit, smile at my mom and ask me how my day was at school. I dont remember what I told him that night, but I do remember watching him smear butter and jelly on that biscuit and eat every bite!When I got up from the table that evening, I remember hearing my mom apologize to my dad for burning the biscuits. And Ill never forget what he said: “Baby, I love burned biscuits.” Later that night, I went to kiss Daddy good night and I asked him if he really liked his biscuits burned. He wrapped me in his arms and said, “Your Momma put in a hard day at work today and shes real tired. And besides a little burned biscuit never hurt anyone!”You know, life is full of imperfect things and imperfect people. Im not the best housekeeper or cook. What Ive learned over the years is that learning to accept each others faults and choosing to celebrate each others differences is one of the most important keys to creating a healthy, growing, and lasting relationship. And thats my prayer for you today!By Deb Billy Graham

Sunday, May 24, 2020

Assignment †Unit 1 Child and Young Person Development

Assignment – Unit 1: Child and young person development Task A - Complete tables Complete the following four tables showing the different stages of development against the different ages and identify how development is holistic by showing links to other developmental aspects. 1. Physical development 2. Intellectual development 3. Communication development 4. Social, emotional and behavioural development (Ref 1.1, 1.2) Theorists in Child development:- Piaget – Cognitive Development - Observed his own children, plus others to develop his theories. His theory is broad and runs from birth to adolescence and includes concepts of language, scientific reasoning, moral development and memory. Piaget believed that children went†¦show more content†¦|years, this can impact the following other areas of development:- | |Vygotsky’s Sociocultural |Reflexes mature and gain control over movements. Within | | |Theory. |their second year they will start to walk and be able to |Social, emotional and behavioural development – Slower to | | |point and use their hands to hold things and feed |socialise in certain situations. | |Piaget Cognitive |themselves and will start to dress and undress | | |Development Theory. |themselves. They will begin to play ball, enjoy climbing |Intellectual development – Delays to motor skills will delay | |Sensorimotor |furniture and stairs. By their third year they will be |writing and pencil grip. | | |walking and running with confidence and have more control| | |Erik Erikson’s |when using pencils and will enjoy looking at books and |Communication development – Physical disability tongue tied. | |Psychosocial Theory. |will start to explore toys like tricycles. |Delayed speech due to aShow MoreRelatedPrinciple for Implementing Duty of Care in Health, Social or Children and Young Peoples Setting997 Words   |  4 PagesAssignment Overview Introduction This assignment is intended to provide evidence of a candidate’s knowledge and understanding of the principles for duty of care in health, social care or children and young people’s settings. By completing all tasks within the assignment, the candidate will provide evidence that meets the Learning Outcomes and assessment criteria for Unit 054, Principles for Implementing Duty of Care in Health, Social Care or Children and Young People’s Settings. 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Wednesday, May 13, 2020

Alzheimers Disease - Free Essay Example

Sample details Pages: 5 Words: 1414 Downloads: 1 Date added: 2019/04/12 Category Medicine Essay Level High school Tags: Alzheimer's Disease Essay Did you like this example? Alzheimers disease(AD) is a neuropsychological disorder in which the death of brain cells causes memory loss and cognitive decline. AD is the number one cause of Dementia. Symptoms of this disease begin slowly and get worse over time. Don’t waste time! Our writers will create an original "Alzheimers Disease" essay for you Create order There has been a major rise in the cases of dementia over the past decade and cases are expected to double by 2050. There is no current evidence supported treatments yet, because there is no found way to reverse the death of brain cells. There are currently no disease-modifying drugs available for AD, but some options may reduce the symptoms and help improve quality of life. Therapeutic interventions are available to make it easier for people to live with the disease. Introduction/Background Alzheimers disease was first discovered in 1906 by Doctor Alois Alzheimer. Dr. Alzheimer had a patient that was brought in to the hospital because of personality change, memory loss, behavioral changes, and inability to comprehend simple things. Dr. Alzheimer saw the patient for a few years until her death in 1906. Dr. Alzheimer performed an autopsy on the patient, where he discovered important factors of the brain that are still used today. Dr. Alzheimer found a number of pathological conditions, including shrinking of the cortex and the presence of neurofibrillary tangles and neuritic plaques. With that information he diagnosed the patient with senile dementia a serious disease of the cerebral cortex, which is known today as Alzheimers disease. Alzheimers disease is now classified as a degenerative disease characterized by the death of nerve cells in several areas of the brain. The most obvious symptom of AD is memory loss. Usually those who develop the disease are over 65 years ol d. DSM-V Classification of Alzheimers Disease In the DSM-V Alzheimers Disease is classified as a neurocognitive disorder. Neurocognitive disorders are classified to begin with delirium, followed by the syndromes of major neurocognitive disorders, mild neurocognitive disorders, and their etiological subtypes. In these neurocognitive disorders, the impaired cognition was never present until the symptoms appear. The DSM V diagnostic criteria for Alzheimers is as follows: A. The criteria are met for major or mild neurocognitive disorder, B. There is insidious onset and gradual progression of impairment in one or more cognitive domains, C. Criteria is met for either probable or possible Alzheimers disease is met. The DSM V also states Beyond the neurocognitive disorder (NCD) syndrome (Criterion A), the core features of major or mild NCD due to Alzheimers disease include an insidious onset and gradual progression of cognitive and behavioral symptoms (Criterion B). The typical presentation is amnestic (i.e., with impairment in memory and learning). Unusual nonamnestic presentations, particularly visuospatial and logopenic aphasie variants, also exist. At the mild NCD phase, Alzheimers disease manifests typically with impairment in memory and learning, sometimes accompanied by deficits in executive function. At the major NCD phase, visuoconstructional/perceptual motor ability and language will also be impaired, particularly when the NCD is moderate to severe. Social cognition tends to be preserved until late in the course of the disease. A level of diagnostic certainty must be specified denoting Alzheimers disease as the probable or possible etiology (Criterion C). Probable Alzheimers disease is diagnosed in both major and mild NCD if there is evidence of a causative Alzheimers disease gene, either from genetic testing or from an autosomal dominant family history coupled with autopsy confirmation or a genetic test in an affected family member. For major NCD, a typical clinical picture, without extended plateaus o r evidence of mixed etiology, can also be diagnosed as due to probable Alzheimers disease. For mild NCD, given the lesser degree of certainty that the deficits will progress, these features are only sufficient for a possible Alzheimers etiology. If the etiology appears mixed, mild NCD due to multiple etiologies should be diagnosed. In any case, for both mild and major NCD due to Alzheimers disease, the clinical features must not suggest another primary etiology for the NCD (Criterion D). Brain regions and neurochemical pathways involved in Alzheimers Disease While developing Alzheimers Disease connections are destroyed between the cells in the brain, as the cells die in the cortex, it begins to shrink. The hippocampus is located in the cortex which is responsible for new memories being formed. Because of this damage to the cortex the symptoms of loss of memory, intelligence, judgment, and behavior begin to appear. When looking at the brain regions and neurochemical pathways involved in Alzheimers disease we first look at the what occurs in the brain when developing AD. The main pathological features found in the autopsies of AD brain are neuritic plaques, Neurofibrillary tangles, and synaptic loss. Alzheimers disease begins with destroying neurons and their connections in parts of the brain involved in memory, including the entorhinal cortex and hippocampus. It later affects areas in the cerebral cortex responsible for language, reasoning, and social behavior. Eventually, many other areas of the brain are damaged. Over time, a person wit h Alzheimers gradually loses his or her ability to live and function independently. Alzheimers disease is fatal. Most brain changes are not detectable until after death, and an autopsy is able to be performed. Many molecular and cellular changes take place in the brain of a person with Alzheimers disease. Areas of the brain attacked by AD include the Hippocampus, the hypothalamus, the amygdala, the cerebellum, the frontal lobe, the parietal lobe, the occipital lobe, the corpus callosum, and the thalamus. Symptoms of Alzheimers Disease Mild According to the national institute of aging Alzheimers disease progresses in several stages: preclinical, mild (sometimes called early-stage), moderate, and severe (sometimes called late-stage). In the beginning stage of AD known as the mild stage, a person may seem to be healthy but they begin to have trouble in everyday functions. At the early stage the individual is usually still able to detect that they are having some problems. This stage usually lasts about 2-4 years. Early symptoms include memory loss, poor judgment, taking longer to complete normal daily tasks, repeating questions, trouble handling money and paying bills, wandering and getting lost, losing or misplacing things, and mood and personality changes. The disease is able to be diagnosed at this stage because the symptoms are pretty clear and usual. Moderate Gradually the symptoms begin to worsen and supervision and care of the individual become necessary. This stage can range from 2-10 years. This stage of AD symptoms includes increased memory loss and confusion, inability to learn new things, difficulty talking, reading, and writing, difficulty organizing thoughts, shortened attention span, hallucinations, paranoia, delusions, impulsive behavior, restlessness, and outbursts of anger. Severe The ending stages of AD result in death. This stage lasts about 1-3 years. Since the brain is no longer able to function properly, the individual can no longer do just about anything for themselves. The ending symptoms of AD include the inability to communicate, weight loss, seizures, skin infections, difficulty swallowing, increased sleeping, and loss of bowel and bladder control. Luckily, there are medications that aid the individual with the symptoms of AD. Therapies being utilized to treat Alzheimers Disease Currently there is no cure for AD, but there are many therapies to assist and make the lives of those living with AD more comfortable. Therapies include drug therapy to help the symptoms of AD, and quality of life care. According to the National Institute of Aging Current approaches focus on helping people maintain mental function, manage behavioral symptoms, and slow down the symptoms of disease. Although there are medications that slow down some symptoms, there are no medications that actually stop the disease. The treatment for the mild stage of AD includes a medication called cholinesterase which helps prevent the breakdown of acetylcholine. The treatment for the moderate stage of AD includes a medication called Namenda which helps regulate glutamate. Anxiety and depression medications are also given to help with the symptoms. Antipsychotics are also given to help with the hallucinations and paranoia. After the medications, the best treatment for someone with AD is a safe place where they can be when they are no longer able to do anything for themselves. Research today Much research is being done these days for AD. The Alzheimers Association has tons of different research funds in finding more causes, treatments, medications, and cures for AD. Because of the major increase of cases of AD and its expectancy to double by 2050, research is only getting bigger and more funded, which will hopefully amount to a cure of this disease.

Wednesday, May 6, 2020

Howard Zinn and the Us Constitution Free Essays

The late Howard Zinn is a much respected historian. His views are known to be bold and nonetheless controversial. In his book, â€Å"A People’s History of the United States,† Zinn touches on topics such as indentured servants, angry civilians, and the United States Constitution. We will write a custom essay sample on Howard Zinn and the Us Constitution or any similar topic only for you Order Now Indentured servants were people of a lower economic class who worked for people of a higher economic background. These servants worked for a given amount of time, usually between five and seven years and either worked for money, food, shelter, or freedom. Indentured servants were originally made up of mostly young white males who were trading their time in prison or their poverty for time working as a servant. The number of indentured servants began to decrease and soon after English colonists looked for other potential people to enslave. The Virginia colony needed labor. They needed to grow corn for subsistence, and needed to grow tobacco for export because they had just learned to grow tobacco. Virginia couldn’t make the Indians work for them like Christopher Columbus had done in the past. The colonists would be outnumbered if they decided to try to take over the Indians even though they were equipped with firearms. The Indians were resourceful, defiant, tough, and practically fearless. The colony needed an alternate choice. African slaves were the answer to Virginia’s labor problem. Blacks had already been imported as slaves to South America and the Caribbean to Spanish and Portuguese colonies. The blacks made enslavement easier because of how hopeless they were. They were robbed of their homeland and culture and in most cases they were separated from their families. Zinn referred to the slavery against the blacks to be the cruelest form of slavery in history. The British were taxing the colonial population to pay for the French war. Many colonists did not agree with the Stamp Act and wanted it repealed. That summer, Ebenezer Macintosh, a shoemaker, led a mob in destroying the house of a rich Boston merchants like Andrew Oliver and Thomas Hutchinson. Rioters smashed up their houses with axes, drank all the wine in the cellars, and looted the houses of the furniture and other objects. English officers reported these acts to be a part of a larger scheme in which the houses of 15 rich people were to be destroyed. The riots against the Stamp Act swept Boston in 1767. It took the Stamp Act crisis to make the leadership aware of its dilemma. After the riots a town meeting was arranged and mainly upper and middle class citizens were allowed to attend. Zinn argues the Founding Fathers, Benjamin Franklin, George Washington, John Adams, Thomas Jefferson, John Jay, James Madison, and Alexander Hamilton, may have had ulterior economic and class preservation motivations that were hidden by the universal language of the constitution document. Zinn also argues that the rich, in order to secure their own interests and economic status, must either control the government directly or control the laws by which government operates. Zinn often refers to the views and writings of historian Charles Beard. Beard studied the economic backgrounds and political ideas of the fifty-five men who gathered in Philadelphia in 1787 to draw up the constitution. In his findings a majority of them were lawyers by profession, most of them were wealthy due to land, slaves, manufacturing, or shipping. Half of them had money loaned out at interest, and that forty out of fifty held government bonds according to the records of the treasury department. Beard also found that most of the makers of the constitution had some direct economic interest in establishing a strong federal government. Beard did not think the constitution as written to benefit the Founding Fathers personally. The problem of democracy in the post- revolutionary society was not however the constitutional limitations on voting. It lay much deeper beyond the constitution in the division of society into rich and poor. The constitution then illustrates the complexity of the American system: that it serves the interests of wealthy elite, but also does enough for small owners, for middle-income farmers and mechanics to build a broad base of support. Alexander Hamilton, Secretary of Treasury and one of the Founding Fathers, believed that the government must ally itself with the richest elements of society to make itself strong. How to cite Howard Zinn and the Us Constitution, Papers

Tuesday, May 5, 2020

Company Law Violation and Obligation

Question: Describe about the Company Law for Violation and Obligation. Answer: ASIC v Lindberg (2012) The present case signify that a director, acting in the power of managing director or chief executive, should be on high alert to examine any possible inconsistencies, mainly in the matter of high danger trade operations which have the possibility to cause the corporation severe harm. A director who does not meet his duty may be initiated to be in violation of the obligation of care and diligence. In the year 2007, a civil penalty proceeding was instituted by ASIC against Mr. Lindberg who was acting as the managing director of AWB Limited corporation. It was stated by ASIC that while acting in the capacity of the director of the corporation he has violated the Corporations Act 2001. As he was involved in AWBs Wheat trade with Iraq and there was a mis-utilization done by AWB of the Oil for Food Program which was administered by the United Nations. While in 2009, the tribunal initiated to listen to the trial, but after few days of the hearing, the events were adjourned in order to facilitate ASIC to modify its assertions which it made against Mr. Lindberg (Jade, 2016). The individuals, however, got themselves involved in a detailed negotiation and were arrived at on the contract to settle the proceedings. The settlement included Mr. Lindberg officially by admitting to four major violations of section 180 (1) of the Act concerning a failure by Mr. Lindberg to work out rational concern and the discharge of the other allegations which were made against him. Facts and Issues The decision of this case transmits to the extremely revealed measures connecting to AWBs suspected violation of a number of UN resolutions concerning Iraq. These declarations called on UN member states to avert the sale to Iraq of the supplies with some exemptions, which in compassionate situations included food articles. The Iraqi regime accesses to the unbreakable money were also denied by the UN states. The authorizations put in place the Oil for Food Program (OFFP), under which all the earnings which were made and received from the sale of Iraqi fuel were asked to be paid into an escrow account of UN. The resources were only be released from that account in order to pay for the importation of approved supplies, such as food articles. AWB was a major provider of wheat to Iraq under OFFP. The suspected violations which were made by UN resolutions were in connection with two major issues which include that: In connection to the wheat agreements the trucking fee of 10 % which was paid to a mediator corporation (Alia), was then approved on to the government as AWB facilitated the Iraqi government to get hard money. Furthermore, because a section of the pay for wheat which was obtained by AWB was intended to compensate for these payments, as it meant that the currency which was received from the UN escrow account was allegedly utilized other than for the payment for approved supplies. It was also asserted that a contract was entered upon by AWB with a third party, Tigris, in order to recuperate a balance of $8 million for the shipment of wheat to Iraq. The same was done by AWB by increasing the cost of wheat under OFFP agreements, which again resulted in payment from the UN escrow account for purposes other than payment for the approved commodities. Although, the contract was sanctioned by UN, but the increase of price and the purpose of the same was not being discussed. Furthermore, Tigris and AWB entered into an agreement which mis-leaded the payment of the recovered debt which was made by AWB to Tigris as a service fee. In accumulation, a wide range of actions were brought about by ASIC against Mr. Lindberg, including an action for a violation of his obligation to act in good faith while being in the position of a director. After a number of impediments and associated applications such as the applications to modify its declaration of assertions were made by ASIC, in late 2009 when the parties began a extensive procedure of cooperation in an effort to reconcile the act (Jacobson, 2012). Some other proceedings were also initiated by ASIC against other individuals, such as AWB's chief monetary executive, Paul Ingleby. The proceedings against the chief monetary executive were also advanced after which it was stated by Robson J that he has delivered a similar judgment in which he applied the principles which he had expressed in ASIC v Ingleby [2012] VSC 339. Rule and Relevant law Section 180 of the Corporations Act 2001 (Cth) (Hunt Humphry Project Lawyers, 2016) entails that; all the directors of the corporation or other officials must exercise their authority and fulfills their obligations with care and diligence (Legal Vision, 2015) (Commonwealth Consolidated Acts, 2016). Section 180(1) (Black, 2014) offers that a director and the officials of a corporation must exercise their obligations with the degree of care and diligence which a rational individual would carry out if he or she: Was a director or official of a company in the situations of the corporation; Held the office, and had the same obligations within the company as an official or a director of the corporation. The reasonable individual which was mentioned above was referred in order to point out an intended standard of care which was constant with the growth of the corresponding fiduciary obligation (Australian institute of Company Directors, 2016). The predictable danger of impairment was unprejudiced against the probable benefits that could practically have been anticipated to put an impact on the corporation from the behavior which was in question (Lindberg, 2012). The tribunal also takes into account the prejudiced constituents of the position of an official and the specific situations of the pertinent company in examining whether the obligation has been violated or not. Section 180 also includes a business Judgment Rule under section 180(2) of the Act (Legal Services Commission of South Australia, 2016). A Business Judgment Rule was defined as any verdict which was made to take or not take action in respect of a matter which was relevant to the trade operations of a company (ICAEW, 2016).The Rule requires that a person who was a director of a corporation to make a trade verdict in order to: Make the verdict in good faith and for an appropriate objective; Not to have a material private benefit in the subject matter if the verdict; Inform themselves about the subject matter of the verdict to the extent they practically supposed to be proper; Rationally believe that the verdict was in the best interest of the company (Barker, 2013). The requirements which were mentioned above must be satisfied by the director in order to satisfy the constitutional obligation of care and diligence in respect of the Rule which he owed while being in the position of the Director. Application ASIC and Mr. Lindberg were settled on the fact that ASIC would formulate assertions of the violation of section 180 of the Corporations Act against the director in connection to four particular and restricted circumstances the facts of which were agreed upon between the parties (Garrett, 2014). These were that the director of the corporation failed to: Initiate investigations and determine whether the recovery of money amounting to $8 million which was Tigris debt from the UN escrow account by increasing the cost of wheat to be sold by AWB under OFFP agreements which was divergent to UN resolutions, or whether it was to arise with the data and acquiescence of the UN; Inform the board of AWB about the fact that the internal Project Rose examination of the corporation was restricted to assessment of certain documents which were in possession of the company; interviews with the existing workers and that former workers who were likely to have relevant data had not been interrogated; Inform the Group boards of the company that the debt of Tigris has been taken by the increase in the cost for wheat which was done under OFFP agreements, or about the survival of the agreement which was entered among AWB and Tigris or those amounts under it were mis- described as a commission and a success fee; and Inform the board until 2005 that, he had been informed by the IIC that the executives of the Hussein regime had informed them that Alia was use to the channel finances to the government of Iraq, and that no corporation was excused from paying the 10% trucking fee by which the corporation had always made its payments and they had always been through Alia, and the cost of wheat under the agreements of the corporation which had been decreased because the agreement cost included this 10% kickback (Jacobson, 2012). In respect of the above mentioned circumstances it was stated that the director has failed to discharge his obligations and exercise his authorities being at the position of the director of AWB with the degree of care and diligence that a prudent individual would exercise of they held an office while being a directive in the situations of AWB. But the individuals who were party to the contract agreed upon the fact that none of the violations included dishonest intention, intentional wrongdoing, etc. Furthermore, it was also agreed upon between the parties that, although revelations in connection to the involvement of the corporation in the OFFP caused considerable injury to the company and it workers; but it was not possible to make out an informal connection among the harm caused and the agreed violations which were made by the director (Supreme Court of Victoria, 2012). Conclusion In the conclusion it could be stated by the judge that he was satisfied by the fact that Mr. Lindberg, while being in the position of the director of the organization has violated section 180(1) of the Act as it was admitted by his own (Bozinovski, 2016). He held that the violations were all analogous to an admittance of carelessness which was done by the defendant in carrying out his obligations which he owed to the organization being a director and the worker of the organization. Although, none of the violations incorporated premeditated unlawful acts, or any dishonest intention, but the defendant failed to carry out his obligations as sensible director or officer which he would have done in his circumstance. So, in connection to section 180, it has been stated usually by the judge that the provision of directors duty of care and diligence was considered to be of substantial importance in the area of corporate law and that the corporate structure in a market economy depends on the investments of the shareholders of a corporation which were being administered by the directors of the organization (Government of Canada, 2016). In connection to the penalties for such a infringement which was made by the director of a corporation, it was held by the court that the violations were severe and that both the time of disentitlement and the financial punishments which were put forward by the parties fell within the permitted range. Therefore, the adjudicator has exercised his power to entail the debarment and pecuniary penalties as agreed. The tribunal also reffered the case of ASIC v Donovan ((1998) 28 ACSR 500) stating that in this case it was held that in this types of cases severe means that the evasion or disregard must be crucial or important. The considerations which were mentioned earlier against the contraventions have considered to be severe. However, as a very experienced director of the corporation the defendant would have gained a good idea of what would have amounted to a severe violation and so his admission was considered to be of vital significance. So, at the end it could be stated that the case confirms that only restricted guidance could be gained about the proper time for disqualifying any person from the previous matters or from any mathematical formulas. And the verdict grants further guidance on the obligation of care and diligence of directors which was mentioned under section 180(1) of the Corporations Act 2001 (Cth), following on from the current cases of James Hardie, Centro decisions. The pronouncement also restates that there were some significant doctrines which were made in connection to the obligation of financial penalties and ineligibility order which followed the violation of section 180(1). References Australian institute of Company Directors. (2016) General Duties of Directors. [Online] Australian institute of Company Directors. Available from: https://aicd.companydirectors.com.au/resources/all-sectors/roles-duties-and-responsibilities/general-duties-of-directors [Accessed on 1/12/16] Barker, S. (2013) Directors Duties in The Anthropocene Liability For Corporate Harm Due To Inaction On Climate Change. [Online] Responsible Investment Banking. Available from: https://responsible-investmentbanking.com/wp-content/uploads/2014/11/Directors-Duties-in-the-Anthropocene-December-2013.pdf [Accessed on 1/12/16] Black, A. (2014) NSW Young Lawyers Annual One Day Seminar - Business Law 2014 8 March 2014 Recent Developments in Corporate Law [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/au/journals/NSWJSchol/2014/17.pdf [Accessed on 1/12/16] Bozinovski, G. (2016) A Storm Warning Directors Duties in Tightly Held Companies. [Online]Broadley Rees Hogan. Available from: https://www.brhlawyers.com.au/news/a-storm-warning-directors-duties-in-tightly-held-companies/ [Accessed on 1/12/16] Commonwealth Consolidated Acts. (2016) CORPORATIONS ACT 2001 - SECT 180. Care and diligence--civil obligation only. [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s180.html [Accessed on 1/12/16] Garrett, J. (2014) The Directors Series: Part 2 - Fiduciary Duties. [Online] Moores.Available from: https://www.moores.com.au/news/the-directors-series-part-2-fiduciary-duties [Accessed on 1/12/16] Government of Canada. (2016) Archived Chapter 2: Duties of Directors. [Online] Government of Canada. Available from: https://www.ic.gc.ca/eic/site/cilp-pdci.nsf/eng/cl00692.html [Accessed on 1/12/16] Hunt Humphry Project Lawyers. (2016) Directors Duties in Relation to Company. [Online] Hunt Humphry Project Lawyers. Available from: https://www.huntandhumphry.com.au/directors-duties/ [Accessed on 1/12/16] ICAEW. (2016) ICAEW guide to the duties and responsibilities of directors. [Online] ICAEW. Available from: https://www.icaew.com/en/technical/business-resources/legal-regulatory-tax-governance/directors-duties/the-icaew-guide-to-the-duties-and-responsibilities-of-directors [Accessed on 1/12/16] Jacobson, D. (2012) ASIC v Lindberg (Awb) Update .[Online] Bright Law. Available from: https://www.brightlaw.com.au/asic-v-lindberg-awb-update/ [Accessed on 1/12/16] Jacobson, D. (2012) ASIC v Lindberg: Awb Penalty. [Online] Bright Law. Available from: https://www.brightlaw.com.au/asic-v-lindberg-awb-penalty/ [Accessed on 1/12/16] Jade. (2016) ASIC v Lindberg. [Online] Jade.Available from: https://jade.io/article/269532 [Accessed on 1/12/16] Legal Services Commission of South Australia. (2016) General Duties of Directors - Corporations Act 2001 (Ctth). [Online] Legal Services Commission of South Australia. Available from: https://www.lawhandbook.sa.gov.au/ch05s01s03s02.php [Accessed on 1/12/16] Legal Vision. (2015) Directors duty of care and diligence. [Online] Legal Vision. Available from: https://legalvision.com.au/directors-duty-of-care-and-diligence/ [Accessed on 1/12/16] Lindberg, A. (2012) An Update From Australia AWB Wheat Kickbacks To Iraq Result In Sentences. [Online] FCPA Professor. Available from: https://fcpaprofessor.com/category/andrew-lindberg/ [Accessed on 1/12/16] Supreme Court of Victoria. (2012) Australian Securities Investments Commission [ ASIC ] v Lindberg [2012] VSC 332 (9 August 2012). [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VSC/2012/332.html?stem=0synonyms=0query=title(ASIC%20and%20Lindberg%20) [Accessed on 1/12/16]