Tuesday, May 26, 2020

Key Pieces of Types of Papers in College

Key Pieces of Types of Papers in College Many times you've been required to compose an essay and a research paper. Thus, don't just copy and paste essays and research papers that you will discover online. Get your ideal research paper the moment you will need. Definition research paper is a paper that supplies definition or basic info on the subject. When you have known the basic kinds of research papers, you're now prepared to undertake the job of writing your academic paper. Identifying what kind of research paper to use is critical because it will determine how you'll write your paper. It is crucial to know which sort of research paper is needed for your assignment, as each kind of research paper demands a different preparation. While the sort of research paper is usually mentioned in the paper. If You Read Nothing Else Today, Read This Report on Types of Papers in College Understanding the various types of term papers and their requirements will help you acquire the best grades throughout your time in school. When many men and women wouldn't care to understand about different varieties of research papers, students that are engaged in educational studies might need to take note for the reason that it assists in identifying your own personal writing and formatting abilities. There are various types of academic papers stu dents are anticipated to write. Students writing informative research papers should give as many details on the issue since they can. All About Types of Papers in College You may conclude the paper by presenting an overview of the findings and a suggested framework for additional study. You concentrate on the findings and conclusions of different researchers and make a personal conclusion about this issue. As a conclusion, our group of skilled experts also provides a last verdict which will help you make a well-informed choice. As opposed to simply expounding your opinion or presenting facts, the many varieties of research papers ask you to utilize your brain. The subject-based essay is easily the most frequent forms of research papers in colleges. Clearly recognize the important sources you mean to use and explain how they are going to bring about your analysis of the topic. For example, an analysis of a poem might manage the various sorts of images in a poem. To have t he ability to compose an exceptional article, some one should comprehend the fundamentals of the englishlanguage and papers writing. If you're writing academically, you may be asking yourself about the various sorts of research papers. For instance, you could possibly be requested to compose a paper discussing a slice of art. 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Friday, May 15, 2020

Washington v. Davis Supreme Court Case, Arguments, Impact

In Washington v. Davis (1976), the Supreme Court ruled that laws or procedures that have a disparate impact (also called an adverse effect), but are facially neutral and do not have discriminatory intent, are valid under the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. A plaintiff must show that the government action has both a disparate impact and a discriminatory intent for it to be unconstitutional. Fast Facts: Washington v. Davis Case Argued: March 1, 1976Decision Issued:  June 7, 1976Petitioner: Walter E. Washington, Mayor of Washington, D.C., et alRespondent:   Davis, et alKey Questions: Did Washington, D.C.’s police recruiting procedures violate the Equal Protection Clause of the Fourteenth Amendment?Majority Decision: Justices Burger, Stewart, White, Blackmun, Powell, Rehnquist, and StevensDissenting: Justices Brennan and MarshallRuling: The Court held that as the D.C. Police Departments procedures and written personnel test did not have discriminatory intent and were racially neutral measures of employment qualification, they did not constitute racial discrimination under the Equal Protection Clause. Facts of the Case Two black applicants were rejected from the District of Columbia Metropolitan Police Department after failing Test 21, an exam which measured verbal ability, vocabulary, and reading comprehension. The applicants sued, arguing that they had been discriminated against on the basis of race. A disproportionately low number of black applicants passed Test 21, and the complaint alleged that the test violated the applicant’s rights under the Fifth Amendments Due Process Clause. In response, the District of Columbia filed for summary judgment, asking the court to dismiss the claim. The District Court looked only at the validity of Test 21 to rule on summary judgment. The District Court focused on the fact that applicants could not show intentional or purposeful discrimination. The court granted the District of Columbia’s petition for summary judgment. The applicants appealed the District Court’s judgment on a constitutional claim. The U.S. Court of Appeals found in favor of the applicants. They adopted the Griggs v. Duke Power Company test, invoking Title VII of the Civil Rights Act of 1964, which had not been brought up in the claim. According to the Court of Appeals, the fact that the Police Department’s usage of Test 21 did not have any discriminatory intent was irrelevant. The disparate impact was enough to show a violation of the Fourteenth Amendment Equal Protection Clause. The District of Columbia petitioned the Supreme Court for certiorari and the Court granted it. Constitutional Issues Is Test 21 unconstitutional? Do facially-neutral recruiting procedures violate the Fourteenth Amendment Equal Protection Clause if they disproportionately impact a specific protected group? The Arguments Attorneys on behalf of the District of Columbia argued that Test 21 was facially neutral, meaning that the test was not designed to adversely impact a particular group of people. In addition, they stated that the Police Department had not discriminated against the applicants. In fact, according to the attorneys, the Police Department had made a major push to hire more black applicants, and between 1969 and 1976, 44% of recruits had been black. The test was only one part of a comprehensive recruiting program, which required a physical test, high school graduation or an equivalent certificate, and a score of 40 out of 80 on Test 21, an examination which was developed by the Civil Service Commission for federal servants. Attorneys on behalf of the applicants argued that the Police Department had discriminated against black applicants when it required them to pass an exam unrelated to job performance. The rate at which black applicants failed the test compared to white applicants demonstrated a disparate impact. According to the applicant’s attorneys, the use of the test violated the applicant’s rights under the Due Process Clause of the Fifth Amendment. Majority Decision Justice Byron White delivered the 7-2 decision. The Court evaluated the case under the Equal Protection Clause of the Fourteenth Amendment, rather than the Due Process Clause of the Fifth Amendment. According to the Court, the fact that an act disproportionately impacts one racial classification does not make it unconstitutional. In order to prove that an official act is unconstitutional under the Equal Protection Clause, the plaintiff must show that the respondent acted with discriminatory intent. According to the majority: â€Å"Nevertheless, we have not held that a law, neutral on its face and serving ends otherwise within the power of government to pursue, is invalid under the Equal Protection Clause simply because it may affect a greater proportion of one race than of another.† When addressing the legality of Test 21, the Court chose only to rule on whether it was constitutional. This meant that the Court did not rule on whether it violated Title VII of the Civil Rights Act of 1964. Instead, it evaluated the constitutionality of the test under the Equal Protection Clause of the Fourteenth Amendment. Test 21 did not violate the applicant’s rights under the Equal Protection Clause of the Fourteenth Amendment because the plaintiffs could not show that the test: was not neutral; andwas created/used with discriminatory intent. Test 21, according to the majority, was designed to evaluate an applicant’s basic communication skills independent of individual characteristics. The majority opinion clarified, â€Å"As we have said, the test is neutral on its face, and rationally may be said to serve a purpose the Government is constitutionally empowered to pursue.† The court also noted that the Police Department had made strides to even out the ratio between black and white officers in the years since the case was filed. Dissenting Opinion Justice William J. Brennan dissented, joined by Justice Thurgood Marshall. Justice Brennan argued that the applicants would have succeeded in their claim that Test 21 had a discriminatory impact if they had argued on statutory, rather than constitutional, grounds. The courts should have evaluated the case under Title VII of the Civil Rights Act of 1964 before looking to the Equal Protection Clause. The dissent also expressed concerns that future Title VII claims would be adjudicated based on the majority decision in Washington v. Davis. Impact Washington v. Davis evolved the concept of disparate impact discrimination in constitutional law. Under Washington v. Davis, plaintiffs would need to prove discriminatory intent if a test was shown to be facially neutral when mounting a constitutional challenge. Washington v. Davis was part of a series of legislative and court-based challenges to disparate impact discrimination, up to and including Ricci v. DeStefano (2009). Sources Washington v. Davis, 426 U.S. 229 (1976).

Wednesday, May 6, 2020

Flag Burning In America Persuasive Essa Essay example

Chantay Brooks PHI-105 November 16, 2014 Instructor Benjamin Perlin The American Flag can be seen in many public places. You see it in schools, government building, stores and hanging in our homes. Those stars and strips are a symbol of freedom to many people across the nation. But is also represents civil liberties that became the pillars this country was founded upon. Flag Burning should be legalized because it allows those who feel disenfranchised the freedom of speech, the Constitutional right to protest and in many important instances it holds no Anti –American sentiments. The desecration of the flag has been the topic of debate for many years amongst Judicial Court Justices. For years dating back to 1907, the U.S. Supreme Court†¦show more content†¦This brought on the Supreme Court striking down all laws banning flag desecration in 1989. Justice Brennan wrote â€Å"If there is a bedrock principle underlying the First Amendment, it is that Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable (civilliberty website, n.d) One cannot simply ban or outlaw a person’s right to exercise their ideas publically because it goes against the majority or popular belief. Taking away ones freedom of speech, you then take away the voice of a nation. You don’t have to always agree with the words, ideas or views someone expresses but you must give them the right to say it without repercussions. We recite the pledge of allegiance, not fully understanding what it means. The las t section of the pledge states â€Å"with liberty and justice for all†. (UsFlag.org, n.d) Which means, the freedom to live, speak and to carry on without fear or injustice. No matter the race, gender or ethnicity George Washington said it best, â€Å"if the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.†(Washington, n.d line 31 ) This nation was built upon principles that we are all free. Free to live and exercise our rights to speak freely and protest as citizens without fear. The Constitution also allows one to peacefully

Tuesday, May 5, 2020

Financial Markets and Corporate Strategy †Free Samples to Students

Question: Discuss about the Financial Markets and Corporate Strategy. Answer: Introduction The corporate veil is also known as the lifting the corporate veil or piercing the corporate veil which defines the rights in the corporation for the application of the liabilities of the shareholders. Sometimes for the beneficial reason the corporate need to operate with separate legal person then they owned the responsibilities where the debts has been incurred. It provide the limited liability of the corporation by the sole trader. Therefore as per the given case study, when Aussieair has formed a new company for the uplifting the corporate veil, they can able to gain the benefits and reduce the amount of the salary from their employees then they want to take legal actions against them. The old employees also offered for fresh job on the new company where they get the same amount of salaries. Now as they want to take legal actions against them for the issues. According to the case study, the issue is whether Aussieair is liable for offence with the employees of PNGair for not paying equal amount of salaries and conditions like Aussieair to their employees? According to the case study the directors of Aussieair has decided to reduce the salary payment of the employees. Another new company PNGair has appointed same employees with 25% less salary and benefits than Aussieair. The pilots and senior managers were paid in full salaries along their redundancy entitlements (Alstadster, Jacob and Michaely 2017). Therefore it can be stated that according to the Corporation Act the Sec- 184(1) defines the breach of duties of the directors. It is significant with the case studies because while inaugurate a new company the authorities of the Aussieair appointing the employees and pilots with more benefits and salaries. Whereas, they are reducing the salaries from the old companys employees and pilots while the directors are getting their proper salaries and share bonus. Here the directors has breach the duties (Grinblatt and Titman 2016). According to the corporate veil the company can take decision which is lawful for the company and provides the rights and liabilities of the shareholders. In this process of the corporate veil the company applies the corporation rules for providing the separate legal entity where the shareholders will pay the debts and individually it will pay the sole beneficiary according to the separate legal system. Therefore the limited liability will applicable on the separate legal entity (Alstadster, Jacob and Michaely 2017). The separate legal entity defines a complete individual debt rather than any other private debts where the company will not interfere I any private assets. In this part the shareholders can be liable for the separate rights ad liabilities. The application of the corporate veil is only applicable according to the order by the court. According to the Corporation Act 2001 section 135 defines the divisible rules of the companies (Baos-Caballero, Garca-Teruel and Martnez-Solano 2014). The company has a particular constitution where is they can replace the rules as per the property companies which is registered repealed the constitution according the provisions. The section 136 provides the constitution of a company. According to this section 8 company can adopt a constitution according the registration of the company and each of the member of the company agrees with the writing terms of the Constitution before they applied for the company and later after registration under the company they adopt another constitution or a court order where the company itself need to add up the constitutions (Alstadster, Jacob and Michaely 2017). The section 140 of Corporation act provides the effects of constitution and replaceable rules by the companies. In this section provides the legislations where the companys constitution and r eplaceable rules always make the application between the company and the members or the company and the directors or the come the members with another members of the company they've for each of the person of the company should observe the conditions of the rules and performed according to the constitutions if the members are not agree with the replaceable rules therefore they can also apply for the modification as per the Corporation Act 2001 (Grinblatt and Titman 2016). Therefore in this case study the company has introduced another company the replacing the rules by reducing the salary and not provide the remuneration amounts to the Employees. Therefore section 141 provides the legislations about the consequences of breach the section 140. Company was not bound to force any members to comply with the constitution but members can force company to comply with the constitutional provision that affect them incapacity as members because the members are following the constitution and as the company made the constitution therefore they are found to follow all the terms and functions (Alstadster, Jacob and Michaely 2017). In the case of Hickman v Kent or Romney Marsh Sheep-Breeders Association [1915] it has been found that companies are bound to follow their constitutions in this case the facts are highlighted on the proper interpretation of a companys articles where company member is bound by the terms of the constitutions there therefore the High Court h as ordered for a injunction regarding the case facts (Grinblatt and Titman 2016). The Sec- 254A defines the payment of the dividend amount to the shareholders where the directors has the duty to issue bonus, partly paid, preference and redeemable shares to the shareholders. The 254B of the Corporation Act defines the terms of the shares and Sec- 254C defines the no par value shares (Baos-Caballero, Garca-Teruel and Martnez-Solano 2014). The Sec- 254W defines the rights of dividend to the shareholders. Therefore according to the case study here, the board of the company has cut on the salary of 25% whereas; the new company employees are getting the same amount of salaries. It has been also found that the board of the directors is joining in the cost-cutting exercise and the enforced redundancy but they get their substantial remuneration increases and share bonuses. Therefore the pilots and other employees are bound to get the salary amount as per the companys constitution (Alstadster, Jacob and Michaely 2017). The directors can change their decisions in an Annual General Meeting. They can reduce the salary but must pay their dividend amounts. When the Board of Directors are getting their salary along with the dividend amount then it us the duty of the company to pay the dividend amount to the employees. In Strong v Brough Son case it was found that the directors have exercised their powers in the Annual General Meetings. Whereas, in the Automatic Self-Cleansing Filter Syndicate Co v Cuninghame case it was found that the shareholders are override the management decisions to get their share amounts. John Shaw Sons (Salford) Ltd v Shaw is another case which is similar to the Automatic Self-Cleansing Filter Syndicate Co v Cuninghame case (Baos-Caballero, Garca-Teruel and Martnez-Solano 2014). According to the case study, the Aussieair is a company which gives services of the charter flights for the military and the Department of Immigration of Australia. Recently they have applied for the commercial aviation license which will be providing the serves to the general public. Therefore after they get their license they register a new company named PNGair. Now the new company has appointed six directors where three of them from the old company and other three are new. The new company is following the guidelines of Aussieair along with every accounts detail and other guidelines where the old company interferes with the decisions. Now the pilots and senior managers now offered new jobs in PNGair along with new salary which is almost 25% less than the old company (Alstadster, Jacob and Michaely 2017). The corporate veil defines such process of paying the debts under a separate legal entity. The sole proprietor therefore pays the debts amounts separately. It is mostly affective where the business will entitles with the corporation according the limitation of the business, number of share holders, limited assets and the recognition of separateness of the corporation always helps to the shareholders when they will find any fraud. Now the pilots and senior managers are complained about that the new company has paying more rather than the old company and recently they has redundant in their salary. Therefore they make the claim that they are not paid equal with the new company employments. Now the issue arises whether Aussieair is breaches their duty towards the employees. It has been also found that the board of the directors is joining in the cost-cutting exercise and the enforced redundancy but they get their substantial remuneration increases and share bonuses. Redundancy is where an employee is dismissed from their employment because their employer no longer wishes the employees role to be done by anyone (Grinblatt and Titman 2016). Redundancy can occur even if the work of the dismissed employee continues to be performed by other employees, as long as the position that the former employee occupied has been eliminated. There is no redundancy where a worker is seconded to work for another firm, but is still employed by the same employer and performs the same duties (Grinblatt and Titman 2016). In the case study the main fact was found that the area introduced a new company where they are offering the employment in PNGair where the constitutions applied according to the Aussieair companies constitution where is when they are paying the salaries and condition to the employees of PNGairs rate of the salary has best according to the salary rate in PNGair (Alstadster, Jacob and Michaely 2017). The company is using two ways where they are not applying their constitutions equally. When the company redundant the Pilots and senior managers they paid their full redundancy entitlements but when company immediately offer employment in PNGair they are providing new salary 25% less than Aussieair employment salary (Baos-Caballero, Garca-Teruel and Martnez-Solano 2014). According to the section 136 of Corporation Act stated the legislations of the Constitution of a company where company can adopt a registered the company as per to their own rules and regulations where the each of the mem ber the company should agree with the constitution terms (Alstadster, Jacob and Michaely 2017). When a company is operating through a particular constitution then the salary and other wages and dividends are also required to be paid according to the companys rules and regulations. Here the question has arises that two different constitution and the companys rule has been applied because the section 140 of Corporation Act states the provisions of the effect of constitution and repressible rules by the company. Therefore the replaceable rules always establish the relationship between the company employees or other members and the constitution. Therefore in this case, no rules are following as per the Corporation Act. The Aussieair employees are concern. The Pilots and senior managers were not happy with their reduction of 25% amount of salary but the redundant employees when appointed in PNGair. they are accept the new employment wages and condition of employment. Aussieair is providing the new salaries which are the savings on average 25% less than the salary and conditions form erly paid by Aussieair. The Pilots and senior managers also find that the board of directors who are performing on the cost cutting exercise and the in forced redundancy are awarded with substantial remuneration increases and share bonuses. According to the Corporation Act 2001 which defines that the employees are bound to paid their dividend amount but the dividend amount only paid to them when company will get benefited and after the profit they will pay extra bonuses to the Employees (Baos-Caballero, Garca-Teruel and Martnez-Solano 2014). The Sec- 254A defines the payment of the dividend amount to the shareholders where the directors has the duty to issue bonus, partly paid, preference and redeemable shares to the shareholders (Grinblatt and Titman 2016). The 254B of the Corporation Act defines the terms of the shares and Sec- 254C defines the no par value shares. The Sec- 254W defines the rights of dividend to the shareholders. Therefore according to the case study here, the boa rd of the company has cut on the salary of 25% whereas; the new company employees are getting the same amount of salaries. It has been also found that the board of the directors is joining in the cost-cutting exercise and the enforced redundancy but they get their substantial remuneration increases and share bonuses. Therefore the pilots and other employees are bound to get the salary amount as per the companys constitution. The directors can change their decisions in an Annual General Meeting. They can reduce the salary but must pay their dividend amounts. When the Board of Directors are getting their salary along with the dividend amount then it us the duty of the company to pay the dividend amount to the employees (Baos-Caballero, Garca-Teruel and Martnez-Solano 2014). The director of Aussieair has breached their duties because when they are announced about the reduction of 25% salary of the Pilots and the general managers are not accepted the offer. However in there board meeting they took the condition of the reduction of salaries. The employees are not even paid by the dividend amount while it is the right of all the employees and the member of the company that they should paid by their dividend amount. Here according to the situation the company Aussieair has formed PNG for gaining the profit therefore as per their constitution of providing salaries to the Employees and the Pilots and the general managers they are not following their duties while there is a reduced of salary amount has occur. Therefore the director of board has breaches the duties because they are not following the constitution of the companies. The section 140(1) provide the legislations where a company constitution if breach towards the employers of the company then they can claim for the remedies of the damages because they are not paying them (Baos-Caballero, Garca-Teruel and Martnez-Solano 2014). The PNGair employees has the reduction of their salary before their employment which is less than 20% salary cut as per the salary of Aussieair company here (Alstadster, Jacob and Michaely 2017). Conclusion Aussieair Ltd has formed a new company for their beneficial purposes. Therefore the shareholders of the company along with the other employees are not getting their accordance salary and reduce the amount also. Therefore the corporate veil defines the only exists according to the personal assets of the shareholders then the personal liability will apply for paying the debts to the corporation. The corporate veil defines such process of paying the debts under a separate legal entity. Now they can ask for the alteration of the constitution of the company. They can also ask for the injunction or other declaration as per the corporation act. Through the alteration of the company Aussieair can able to relocate all the opportunities towards their employees and related shareholders (Alstadster, Jacob and Michaely 2017). References Alstadster, A., Jacob, M. and Michaely, R., 2017. Do dividend taxes affect corporate investment?. Journal of Public Economics, 151, pp.74-83. Baos-Caballero, S., Garca-Teruel, P.J. and Martnez-Solano, P., 2014. Working capital management, corporate performance, and financial constraints. Journal of Business Research, 67(3), pp.332-338. Baos-Caballero, S., Garca-Teruel, P.J. and Martnez-Solano, P., 2014. Working capital management, corporate performance, and financial constraints. Journal of Business Research, 67(3), pp.332-338. Ferran, E. and Ho, L.C., 2014. Principles of corporate finance law. Oxford University Press. Grinblatt, M. and Titman, S., 2016. Financial markets corporate strategy. Hickman v Kent or Romney Marsh Sheep-Breeders Association [1915] 1 Ch 88 Hiller, J.S., 2013. The benefit corporation and corporate social responsibility. Journal of Business Ethics, 118(2), pp.287-301. John Shaw Sons (Salford) Ltd v Shaw Knepper, W.E., Bailey, D.A., Bowman, K.B., Eblin, R.L. and Lane, R.S., 2016. Duty of Loyalty (Vol. 1). Liability of Corporate Officers and Directors. Tricker, R.B. and Tricker, R.I., 2015. Corporate governance: Principles, policies, and practices. Oxford University Press, USA. Young, S. and Thyil, V., 2014. Corporate social responsibility and corporate governance: Role of context in international settings. Journal of Business Ethics, 122(1), pp.1-24.