Corporations Essay Example | Topics and Well Written Essays - 4750 words

Corporations - Essay Example In this regard, a duty of care involves the duty to ensure that the corporation’s interests are protected and in doing so, directors must ensure that their conduct does not bring about harm to the corporation (Guth v Loft, Inc.). In the class action lawsuit against the board, the claim is that the board of directors is jointly liable for the illegal conduct of Operator and Accountant. The claim is therefore substantiated by findings that board directors Operator and Account breached their duty of loyalty and the board as a whole was negligent in not preventing or acquiescing in that breach of the duty of loyalty. Liability in this regard will be founded on the statutory duty of care articulated by the Model Business Corporation Act 1984. Pursuant to Section 8.30 of the Model Business Corporation Act 1984, directors have a responsibility to act with the care of an ordinary reasonable person in the director’s position and how such a person would be expected to act in â₠¬Å"similar circumstances† (Model Business Corporation Act, Section 8.30). Therefore the substantive issue is whether or not the board as whole indirectly and through agency, breached the duty of loyalty and in doing so, directly breached the duty of care. From a purely procedural perspective, the business judgment rule engages judicial review of the substantive issues and argument. ... On the facts of the case, it appears that the board relied on Accountant and his teams to appropriately carry out the corporation’s financial affairs. Moreover, the audited financial statements sent to the directors would not have revealed an obvious issue although a closer examination of the books would have revealed the unlawful activities. The main question in assessing the business judgment rule is therefore whether or not it was prudent for the board to trust Accountant and to accept the audited financial statements at face value. Since audited financial statements are usually prepared by a certified public accountant and its authentic is confirmed by the certified public accountant, it does not appear to be unreasonable for the board to rely on the audited financial statements (Merrill Lynch). If the certified public accountant was Accountant and his team, it is only with hindsight that the board might have a reason to second guess his preparation of the audited financia l statements. Therefore this part of the class action lawsuit will not likely succeed. The board appears to have acted prudently or reasonably and had a rational basis for their decision and cannot be said to have acted in breach of a duty of care and therefore did not breach the duty of loyalty. With respect to the payment of a US$50 fine to avoid an indictment against the company, it can be argued that this particular act is negligent since the case against Operator appears to be falling apart. Procedurally, if the case against Operator, the main actor in the scandal is weakening, the case against Mousetrap is decidedly weaker. However, the prospect of facing an investigation and an

Jim brown Essay Example | Topics and Well Written Essays - 1250 words

Jim brown - Essay Example Simons Island. Jim was excellent by all means as a school boy; he was unparalleled in football, baseball and track and field events. Perhaps it was the legacy of his father’s might as a profession al boxer. Apart from references of his excellence as an actor, this article covers specific features and traits of James as America’s all-time greatest professional athlete and the best known professional footballer ever. As a school boy, Jim’s focus was mainly on basketball and running with special enthusiasm for lacrosse. He had an outsmarting style of leading the rush that brought him the best name as a professional sportsman in the later stages of his career. He was always singled out as the best performer of each event he participated, and especially in basket ball and lacrosse, he was a dread in the minds of opponent teams for the fact that he could win the matches single handedly. Jim’s athletic skills were excellent as he always produced invincible energy to turn the matches to his side’s benefit without so many struggles as others usually had. Stamina and enthusiasm were the key factors he had learned to possess at a very young age. Jim’s records are evidences of his unchallenged dominance over the game zones during his years as a student at both the school and the university. James’ efforts were fruitful as he was committed to his games and practiced them with absolute dedication. A normal lad from a comparatively remote location of the racism-prone American generation would not grow this height if it was not for his determination and patience during hard work. James was a finding of his university indeed. His successful sessions in football had entered him the notice of Cleveland Browns and he was taken to the team to play professional football in 1956. He marked envious success at the feats and exited NFL as the record holder

Use of Experts in Scholarly Research Dissertation

Use of Experts in Scholarly Research - Dissertation Example There is a need to integrate the two models to incorporate the advantages of each on order to reach harmony among the scholars regarding expert involvement in epistemology. This paper aims to propose such a model. It starts by presenting a literature review and analysis, followed by a detailed discussion of the most important approaches to the field of study and research, and ends by presenting a framework that aims to corroborate the established schools of thought about instruction and the role of experts as guides for research. Literature Review: The study and analysis of the currently available literature on the subject is important in order to ascertain the extent of progress in the pertinent field and the frequency of research conducted. Such research is important to highlight the advantages and disadvantages of the issue under discussion, that is, the use of experts in the field of scholarly research. This literature review would be divided into two parts: the synthesis of the available information on the subject, followed by a scholarly analysis of the literature, discussing the shortcomings of the available material regarding the subject. Synthesis: the literature discusses the role of experts in research under two distinct models; the traditional method of expert instruction, and the more recent method of constructivism (Murphy, 1997). A most comprehensive study made on the subject is by far the article ‘Towards Expert Knowledge?’ by Paivi Tynjala, published in the International Journal of Educational Research in 1999. In this article, Tynjala makes a comparison between the traditional instructional set up and the more recent advent of constructivist education. The article starts by describing the established model of learning across the majority of institutes, analyzing its characteristics and presenting the issues that arise from the practice of that traditional system in the present day evolved framework of academia. it deconstructs the issue into its constituents, discussing each component separately, such as the ontology of expertise, the epistemology of gaining expertise, the methodology involved, and the shortcomings of that methodology. It presents as a solution the pure form of constructivist model, demanding a sheer shift from one system to the other and submitting that such a drastic changeover is the only method of catering to the changing needs of the field. It does not present any model for integration of the two systems, rather simply advocates const ructivism. Another extensive research on the topic comes from Kimberly A. Galt, in his work ‘Qualitative, quantitative, and mixed methods approaches to research and inquiry’ (2008). The discussion starts by defining the different approaches to learning, such as epistemology, ontology, and methodology, and then progresses to the detailed discussion of each, focusing the most on methodology. It includes detailed analysis of the different types of methodology, like quantitative, qualitative, and mixed, listing the characteristics of each and set ups in which each could be adequately used. This study does not aim at upholding a certain system, but leaves the conclusion to be drawn by the researcher as to which methodology of epistemology suits his mind frame. There are very few other such open-ended studies available on the subject. Helen Gosse, Holly Gunn, and Leon Swinkels, in their article

Business Ethics Learning Logs (1,2,3,4) Essay Example | Topics and Well Written Essays - 3000 words

Business Ethics Learning Logs (1,2,3,4) - Essay Example I came to the realization that ethics was important because I was aware that the recent financial crisis that rocked the world that made lives difficult for everybody was rooted in greed and lack of ethical practice in business. This explains why I was appreciative when I took the subject because I will have the opportunity to learn in details what really constitutes an ethical behaviour and to be able to discern the ethical behaviour from the unethical or undesirable one. I believed that this was important to learn especially when we are still in the academe and still in the process of equipping ourselves the necessary skills and knowledge so that it will be ingrained within us to become better professionals in the future. The lessons that we will learn would guide us when we make our choices in any ethical dilemma that we would confront, be it in business or in our daily activities. II. Second Entry – Evaluate The Theories Given the recent scandals that rocked the business a nd financial world, it now becomes an imperative that each individual entering into the corporate and financial industry must have a sound ethical foundation to avoid similar occurrences in the future. It should begin right in the academe where future professionals, employees or entrepreneurs are being trained and prepared. It is now important because the neglect and disregard for ethical practice in business has contributed to the recent financial and mortgage breakdown that stemmed from greed and lack of ethical practice that made life difficult for everybody. The high incidence of unethical practices in modern business has prompted a stream of organizational research about morality in business (Crane 1999). In fact, industry experts such as Ernst & Young has pointed out that unethical business practice is the main culprit that precipitated the recent economic crisis which caused a lot of jobs and homes to be lost that made life difficult for everybody which is why it is now an im perative not only to integrate but also to stress ethics beginning in the academe when future business professionals are being trained and prepared (Business Roudtable-Institute for Corporate Ethics 2009). The obvious disregard about business propriety is not surprising as Crane and Matten hypothesized that business in itself has been argued to be amoral that to put ethics in business is an oxymoron because they contradict each other (2010). Business in pursuit of its profit motive will invariably set aside ethics as it endeavour to make profit. Actions which may be considered unethical such as lying and deception may even become permissible in the business’ pursuit for profit (Carr 1998 qtd in Crane and Matten 2010). This is consistent with the consequential normative ethic theory that â€Å"holds that the moral rightness of acts, which holds that whether an act is morally right, depends only on the consequences of that act or of something related to that act, such as the m otive behind the act or a general rule requiring acts of the same kind† (Stanford Encyclopaedia of Philosophy a 2011). In plain language, a business person may be prompted to choose a certain course of action or inaction based on the benefit or the avoidance of harm that may be derived from such action or inaction. In the case of business, it can chose to shun any propriety in conducting business with the idea that it is more expedient to make profit by disregarding

HSBC E-Business Challenges and Mitigation Essay

HSBC E-Business Challenges and Mitigation - Essay Example As the paper highlights that the basic derivation of such nature is spread in the form of various Malwares and intentional programs which result in harmful activities for a particular business or internet community at large. The various security concerns are dependent on the technologies in use like Ajax and other majority of technologies used. The composite feature of the security concerns are as follows: This paper outlines that the largest threat is content exploitation and the various implications of duplicating a wrong site to the transacting parties. It is quite often seen in practice wherein the content is misrepresented with wrong and misleading information about the subject. Often the content which is uploaded and saved by users are not properly referenced like Wikipedia and are nor taken as valid sources for fetching content in many universities. The various objectives which are desired to be achieved would be quite misleading in such cases and make sure that all the various thoughts are achieved to its maximum limit. The security still remains the primary issue for any online activity and when it comes to online transaction the threats increase multifold. Transfer of funds and various online trading activities would meet with severe access control for fetching a secured manner for access and security control. The online operations are still facing the worst dangers from secu rity and fraud and continue the traditional process of fetching the business. The better security mechanisms would enable to enrich businesses and would contribute largely to the faith of online transactions are would enable to reach customers base for better catering of products and services.

Strategic leadership2 Essay Example | Topics and Well Written Essays - 750 words

Strategic leadership2 - Essay Example 91). This paper will look at the extent Wal-Mart’s failure or success was due to poor or excellent management or to environmental factors. In the business world, price and product are constituents of the 4Ps of marketing. The deliberate pricing of a product or service is an essential part of a process of business building that its significance cannot be over emphasized (Steger 2010, p. 53). This is because the cost of a commodity or service may make or break a business, so it should be carefully examined (Emiliani 2008, p. 71). Wal-Mart have acquired and maintained their leadership position in the sector largely due to their exclusive pricing strategy. Wal-Mart established a distinctive pricing technique that differentiated it from its competitors and gave it a competitive advantage over rivals. Over the last decade, Wal-Mart has developed into the globe’s leading and possibly most commanding retailer with utmost sales and operating earnings of all discount retailers (M ullen & Stumpf 1992, p. 42). The organization owes its growth from regional retailer to international powerhouse chiefly to adequate and changes in management. Wal-Mart has been largely successful in most parts of the world, and this has been attributed to both proper management and environmental factors. In areas where it has failed, for example, Europe and Asia, it has been largely due to environmental factors. Wal-Mart started with the objective of providing clients with the commodities and services they required where and when they needed them (Adair 2003, p. 51). This strategy was referred to as outside-in thinking, where the organization’s philosophy and approach put the interest of the client before the capabilities of the organization (Peng 2008, p. 49). In addition, the management of Wal-Mart under Sam Walton, employed homespun business knowledge and folksy charm with progressive supply-chain and information technology management to establish the globe’s most sufficient retail company (Walton 2009, p. 553). The organization’s management concentrated on establishing cost structures that permitted Wal-Mart to provide low daily pricing. Wal-Mart’s management also focused on creating a more advanced and highly structured management plan to enhance and exploit the competitive advantage it was experiencing. Under the leadership of one of the chief executive officer, Lee Scott, Wal-Mart embraced environmental and social responsibility (Hill 2010, p. 31). As the organization enlarged in its variety of services and goods, for example, health clinics, groceries, financial services, fashion clothing, online prescription drugs, and music downloads, it was compelled to puts the interest of the client before the capacities of the organization (Merritt 2008, p. 63). Therefore, Wal-Mart’s management took this opportunity to utilize the large size with rapid responsiveness and speed towards customers (Sanders 1998, p. 67). Moreover, to offer a wide variety of commodities, Wal-Mart’s senior managers, Bud and Sam started promoting their individual discount store idea. During this period, discount stores were only found in large towns (Bradley 2005, p. 53). Sam Walton argued that if the prices were favourable, Wal-Mart’s discount stores could be of tremendous help for clients in

Environmental factors of substance abuse Essay Example | Topics and Well Written Essays - 500 words

Environmental factors of substance abuse - Essay Example But, unfortunately, this relief in pain is only temporary and in the long run the habit deepens the sense of suffering and pain than ever before. In this context, all individuals who were brought up in dysfunctional family environments are susceptible to addiction. Hence, the first environmental factor is the dysfunctional family of the person. In the case of Ellis, we learn that his father use to return home drunk and beat up Ellis’ mom or sometimes Ellis himself. This is a telling sign of chaos in the family and this is a significant environmental factor that leads to Ellis’s addiction to Heroin. The fact that Ellis started experimenting with alcohol and marijuana even before reaching his teens is a strong indicator that he will have problems in his adult life. And sure enough, a couple of years after the death of his father, his old habits had come to haunt him, this time in the form of heroin addiction. It is a recurrent pattern with most heroin addicts that they seek out drugs very early in life. Recent research suggests that alongside environmental factors, genetic factors also have a role to play. But the consensus among researchers is that social and environmental factors are more important than genetic factors in determining the vulnerability of an individual to succumb to substance addiction. Researchers also concur on the view that those with genetic predisposition to drug abuse and growing up in a dysfunctional family environment run a very high risk of addiction. It was also found that people living in violent and lawless neighborhoods have a greater chance of heroin addiction. This implicitly means that the socio-economic status is a strong environmental factor in assessing risk for heroin abuse. The therapeutic approaches to treating heroin addiction have proven quite successful. Since the addicts developed their addiction as a result of flawed conceptions of guilt, reward and