Sunday, May 24, 2020

Amargasaurus Profile

Name: Amargasaurus (Greek for La Amarga lizard:); pronounced ah-MAR-gah-SORE-us Habitat: Woodlands of South America Historical Period: Early Cretaceous (130 million years ago) Size and Weight: About 30 feet long and three tons Diet: Plants Distinguishing Characteristics: Relatively small size; prominent spines lining neck and back About Amargasaurus Most of the sauropods of the Mesozoic Era looked pretty much like most every other sauropod—long necks, squat trunks, long tails and elephant-like legs—but Amargasaurus was the exception that proved the rule. This relatively slim plant-eater (only about 30 feet long from head to tail and two to three tons) had a row of sharp spines lining its neck and back, the only sauropod known to have possessed such an imposing feature. (True, the later titanosaurs of the Cretaceous period, direct descendants of the sauropods, were covered with scutes and spiny knobs, but these were nowhere near as ornate as those on Amargasaurus.) Why did the South American Amargasaurus evolve such prominent spines? As with similarly equipped dinosaurs (like the sailed Spinosaurus and Ouranosaurus), there are various possibilities: the spines may have helped to deter predators, they may have had some kind of role in temperature regulation (that is, if they were covered by a thin flap of skin capable of dissipating heat), or, most likely, they may simply have been a sexually selected characteristic (Amargasaurus males with more prominent spines being more attractive to females during mating season). As distinctive as it was, Amargasaurus appears to have been closely related to two other unusual sauropods: Dicraeosaurus, which was also equipped with (much shorter) spines emanating from its neck and upper back, and Brachytrachelopan, which was distinguished by its unusually short neck, probably an evolutionary adaptation to the types of food available in its South American habitat. There are other examples of sauropods adapting fairly quickly to the resources of their ecosystems. Consider Europasaurus, a pint-sized plant eater that barely weighed a single ton since it was restricted to an island habitat. Unfortunately, our knowledge of Amargasaurus is limited by the fact that only one fossil specimen of this dinosaur is known, discovered in Argentina in 1984 but only described in 1991 by the prominent South American paleontologist Jose F. Bonaparte. (Unusually, this specimen includes part of Amargasaurus skull, a rarity since the skulls of sauropods are easily detached from the rest of their skeletons after death). Oddly enough, the same expedition responsible for the discovery of Amargasaurus also unearthed the type specimen of Carnotaurus, a short-armed, meat-eating dinosaur that lived about 50 million years later!

Monday, May 18, 2020

Basic 5 Paragraph Outline - 1090 Words

Basic 5 Paragraph Outline Introduction Hook: (grabs readers’ attention; several sentences long) There are many types of spirits some want to harm and some just need help or want to talk. This will help define and determine which spirit the person is encountering. Thesis Statement: (states topic point) Anyone wanting to find out what spirit is haunting them or are having a paranormal experience of sorts will need to know what kind of spirit they are dealing with and how to possibly rid themselves of the spirit. Forecasting Statement: (may be connected to or separate from thesis) There are many way ghost or spirits can act or present then selves to people. They can appear in the form of an orb, demonic form, or even a full apparition or human size being. They can also haunt in many different ways that differ from violent to non-violent hauntings. This simple paper can help identify what might be haunting someone and how to deal with the spirit. Body 1st Body Paragraph: First of all, it is important to know what a ghost is. Ghosts are energy of sorts made of people that once lived. They have no idea that they have died and have not crossed over as of yet. There are lots of ways ghosts can make themselves known to us and how they can make people’s lives rough or even make people crazy. Who or what the spirit did or acted in life can determine how dangerous or gentle the spirit will become. Now that people can determine what a ghost is here are some different types ofShow MoreRelatedEssay on All That Jazz1115 Words   |  5 PagesTEMPLATE for the basic recipe (formula) for the successful organization and development of an argumentative essay as well as the framework for a formal outline that you can and should use for each of your essays. Print out the final pages and fill in the info by hand so that you can see how your body paragraphs are organized. Note though, that your essay might have more than four body paragraphs. Please recall that formal outlines must accompany each essay you write, but note that the basic formula TEMPLATERead MoreModest Proposal Assignment Sheet958 Words   |  4 Pagesoffer a ridiculous solution. Remember to include pathos when you introduce the problem in order to express the necessity for an immediate solution. Some possible topics to consider are— (1) Immigration (2) Healthcare (3) War in Afghanistan (4) Taxes (5) The economy (6) Global warming You are by no means limited to the above suggested topics. You may even choose some of the topics proposed for our weekly debates. On the other hand, you will not be penalized for using one of the suggested topics. InRead MoreNarrative Essay1497 Words   |  6 PagesThe author may write about: -An experience or event from his or her past. -A recent or ongoing experience or event. -Something that happened to someone else, such as a parent or a grandparent. *Basic qualities of a narrative essay: †¢ A narrative essay is a piece of writing that recreates an experience through time. †¢ Unlike other essays, you may write in the first person (I, me, we) because it is a story about YOU! †¢ In additionRead MoreAnnotated Outline: Applying Nadler and Tushmans Theory to Starbucks661 Words   |  3 PagesIntroduction 1. Basic theory is Nadler and Tushman 2. The company is Starbucks 3. This is an annotated outline 4. The strategies that Starbucks is undertaking will be compared with the initiatives that Nadler and Tushman have outlined. Annotated Bibliography First Paragraph the Underlying Theory of Nadler and Tushman 1. There are eight strategic imperatives for the 21st century a. increase organizational clock speed b. design structural divergence c. promote organizational modularity Read MoreWriting and Process Essay1193 Words   |  5 Pagesthe steps that must be taken in order to graduate from a particular college. Regardless of the subject, all process essays must clearly explain in detail how to complete or perform a task. Instructions 1. Plan the essay. It is helpful to use an outline format in order to map out the necessary background information about the chosen topic, to compile a list of needed supplies, to determine the steps that should be followed, to describe any tips or warnings, and to describe what the final goal orRead MoreThe Lively Art Of Writing742 Words   |  3 Pagesopinion is your own belief, and a fact is something that has been proven. 2. Facts are the basic outline of the essay which could easily be turned into opinions. 3. Opinions are not always equally good. Some opinions could be better if they start an argument because it means that not everyone agrees with it. 4. I think overall it would be a good essay topic because tend to disagree a lot with this topic. 5. Letter C. because you could state your own opinion. Letter F. because you could talk aboutRead MoreApa Template For Nursing Program1211 Words   |  5 Pages APA Template for Nursing Program Papers Jill Connolly Ferris State University Abstract An abstract is a short summary of the article that is written after the rest of the paper is finished. It is the most important paragraph in the document, allowing readers to quickly decide if they want to read the rest. Write the abstract clearly with concise language. Open with the most important points and make each sentence maximally informative. Accurately state the purpose and contentRead MoreDefine and contrast the three ethical perspectives. How do the perspectives differ from the ethical theories? What does each ethical perspective tell us about morality and virtue?1405 Words   |  6 PagesMatthews Final Paper Outline Review the Final Paper instructions in Week Five of the online course or in the â€Å"Components of Course Evaluation† section of this guide. Then, visit the Ashford Writing Center, within the Learning Resources tab on the left navigation toolbar, and review the Outline Form page. Format your outline for the Final Paper according to the Outline Form page. The outline must contain: Introduction with thesis statement At least five body paragraphs Conclusion ReferenceRead MoreTransportation Processes And Systems Theory1135 Words   |  5 Pagessyllabus of â€Å"Fundamentals of Transportation Processes and Systems Theory† course is intended for studying the fundamentals of transportation process and operations in cargo transportation. The main purpose of studying this course is comprehension of basic transportation processes’ concepts related to transportation of cargo by two transport modes (or with cross-docking) with warehousing of the specified cargo type. The key objective of the given course is for the students to gain skills in managementRead MoreHow to Write Academic Papers873 Words   |  4 Pagescan be of any kind; these can simply be descriptive, argumentative (for or against essays), opinion essays and the requirement of the essay must be fulfilled in order to achieve good marks and repute. For this purpose, it is necessary to have some Basic English essay writing skills so that essay writing becomes no more an impossible task rather a fun and excited thing to do. 1.First of all, it is important that either you yourself select a topic upon which you have to write the essay, or your instructor

Wednesday, May 13, 2020

The Image of Medieval Western Europe Essay - 769 Words

The image of medieval western Europe can be attributed to political, religious, economic, and cultural factors. The impulse of expansion, unity under Christianity, trade, and education were key developments within the factors. Ultimetly, these developments contributed to the advancement of medieval western Europe in the postclassical period. The medieval government in western Europe exercised feudalism which also established the structure of political powers. Kings held the most authority while lords and knights were above peasants. These relationships were able to continue since government was local rather than centralized. Though the government remained local in a majority of kingdoms, leaders wanted to expand their land. Wars became†¦show more content†¦The Christian religion was incorporated into political matters. However, it was considered a separate entity with power of its own. The economy of Western Europe relied on differences between social classes for local agriculture and international trade. Manorialism did institute a social system, but more importantly, it defined the economic roles of a regional kingdom. Peasants cultivated land and paid rent while knights and lords provided military service plus paid homage to the king. Though this system supported life in the early Middle Ages, new agricultural improvements loosened ties between landlords and peasants. Despite the change in peasant obligations to a landlord, agriculture remained vital in markets since its production increased beyond local needs. The growth of urban areas led to specialized manufacturing and other commercial activities such as trade. Also, another aspect of medieval European economic activity was the guild. This gave people the opportunity to specialize in other jobs or crafts that influenced trade productivity. As a result of trade, the use of money across long distance routes introduced banks into western Europe. A large portion of medieval Europe’s economic stability relied upon agriculture and local and international trade. The culture of Medieval Western Europe focused on education and logical reasoning with faith. Education inspired the construction ofShow MoreRelatedEmotion And Devotion : The Meaning Of Mary Medieval Religious Cultures Essay1508 Words   |  7 Pagesthe major arguments that Miri Rubin presents in her book Emotion and Devotion: The Meaning of Mary in Medieval Religious Cultures. Rubin’s book is divided into three chapters which are: The Global â€Å"Middle Ages;† Mary, and Others; and Emotions and Selves. In each of these chapters, Rubin explores a particular topic that she thinks is important when trying to understand the figure of Mary in medieval religious cultures. I will begin this paper by drawing out the main arguments that are offered in eachRead MoreThe Medieval Machine by Jean Gimpel600 Words   |  3 Pages The Medieval Machine by Jean Gimpel, shows information about the technological accomplishments of the middle Ages. The basic idea is that during the two centuries from around 1050 Western Europe went through a kind of industrial revolution that was just as important as of the nineteenth century’s. In his book Jean Gimpel goes over medieval primary industry, which includes energy sources like the creation of mills that were moved by wind power or by water. In these cases, the turningRead MoreA World Lit Only By Fire Essay1249 Words   |  5 Pagesbook of popular history defending the increasingly unpopular view among historians that the medieval world was culturally, religiously, and technologically backward. This world was destroyed by the blossoming of confidence in reason and the progress of art, literacy, astronomy, geography, and theology. The book is divided into three chapters. The first chapter introduces Manchester s conception of the medieval mindset. The second chapter includes a lengthy discussion about how this mindset was continuouslyRead More The Church and the Middle Ages Essay596 Words   |  3 PagesThe Church and the Middle Ages The Middle Ages were a period in Europe dating from the collapse of the Roman Empire in the West, around the 5th century. However, the fixing of dates for the beginning and end of the Middle Ages is arbitrary. According to the Norton Anthology, Medieval social theory held that society was made up of three estates: the nobility, composed of a small hereditary aristocracy,...,the church, whose duty was to look after the spiritual welfare of that body, and everyoneRead MoreMiddle Ages as the Age of Faith Essay893 Words   |  4 Pagesyou live and conquer in the Lord, but exalt and glory even more if you die and join the Lord (H.G. Koenigsberger 187). The crusades brought many benefits; food, textiles and also the spread of Islamic science and art, which would greatly benefit Europe who, was somewhat behind. The quest for knowledge was rejuvenated with the growth of cathedral schools. However church schools could only teach so much. Universities grew due to the formation of guilds of teachers and pupils and also because ofRead MoreEssay about The Emergence of Europe1417 Words   |  6 Pagesï » ¿ The Emergence of Europe In the Early Middle Ages: The Germanic Tribes, the Roman Legacy, and the Christian Church Marina Lundstrom History 114 – Western Civilization The World I Due: November 8, 2014 After the fall of the Roman Empire around the fifth century, it took â€Å"hundreds of years† for the western part of Europe â€Å"to establish a new society.†1 The emergence of this new European civilization during a period known as the Early Middle Ages, included three major components:Read MoreThe Medieval Period Essay1167 Words   |  5 PagesA set point in the historical time line stands as the medieval period. The medieval period in history was the era in European history – from around the 5th to the 15th century, coming after the fall of the Western Roman Empire, and preceding the start of the early modern era. This historical time period has been long since been the victim of film directors and romantic novelists, which has lead to the common, but false, idea of the medieval period consisting of knights and damsels in distress, wizardsRead MoreThe Carolingian Renaissance1472 Words   |  6 PagesCharles the Great, was one of the greatest leaders during the Middle Ages. He was a military man, king of the Franks, and was appointed as Roman emperor in 800 AD. Throughout Europe, he was seen as a great example of an emperor and Christian king. Not only did he revive the political system but also the cultural life of Europe. His activities had a spectacular effect on education and culture in Francia, a debatable effect on artistic endeavors, and an immeasurable effect on what mattered most to theRead MoreEssay on Michelangelo and Renaissance Religion1148 Words   |  5 PagesMichelangelo and Renaissance Religion Michelangelo Buonarroti lived in a time when the medieval aspects of Christianity were overwhelmed by the upheaval of the Reformation. His art portrays this change in religious philosophy by discerning the major trends and objectives of the Renaissance. His works show us...the changing world around him (Richmond 4). In addition, Michelangelo seriously impacted generations of artists to come. The Renaissance was a rebirth that led to new waysRead MoreThe Periodization of the History of Western Europe1669 Words   |  7 PagesHistorians generally define the periodization of the history of Western Europe during the Middle Ages into three eras: the Early Middle Ages (5th-11th Centuries AD); the High Middle Ages (1000-1300 AD); and the Late Middle Ages (1300-1500). Construction of the great Gothic cathedrals began during the High Middle Ages, which was an era that experienced a dramatic re-emergence of urban life and an increasing sophistication in secular culture (Singman xi). Major events in the High Middle Ages include

Wednesday, May 6, 2020

Economic Viewpoint of the Circular Flow Model - 939 Words

Economic Viewpoint The circular flow model begins with consumer spending (Circular Flow of Economic Activity, 1999). Consumer spending drives the amount of business investments, which, in turn, creates more jobs that allow consumers more money to spend. When employment drops, jobs decrease, leaving consumers with less money to spend, which slows the economy. As employment rises, jobs are created that allow consumers more money to spend that speeds up the economy. When the government reduces spending, less money is put into public programs that in turn create jobs in the economy. As a result of fewer jobs, less goods and services are given to the economy. This provides less consumer spending and will slow the economy down to the extent the government reduces the funds to the programs. When households increase savings consumers are spending less on goods and services. This will slow down the amounts businesses invest in the creation of jobs, which, in turn, slow down the amount of mone y consumers have to spend. When this happens the economy will also slow down. The United States has a mixed economy because privately owned business and the government play a role (State, 2013). The US has a free enterprise system that emphasizes private ownership and private business produces most of the goods and services. The supply and demand determines the prices of goods and services. The prices, then, tells business what to produce. The government is primarily responsible forShow MoreRelatedOpen Closed Systems1178 Words   |  5 Pageswill also be explaining the inner and outer flows for both the closed and the open systems. I will then define and explain the leakages in an open system and define and explain the injections in an open system. Lastly, I will provide a personal example of a leakage and describe and explain it. I will also provide a personal example of an injection and describe and explain it to. A closed system is an economic model that counts only domestic exchanges, but notRead More The History and Breakdown of the Glass Ceiling Essay2272 Words   |  10 Pagestraditional family structure. Where the men in all those important jobs had a wife at home that gave the man the freedom to stay late, to be relocated, work on the weekends, and be devoted to the company if he so chooses. Women have tried to emulate that model and in some cases have been successful, but commonly by not having children or by having their marriages fall apart. In an increasingly competitive environment, companies are being forced to retain their workers by offering alternative workRead MoreDecision Usefulness Approach2877 Words   |  12 Pagespaper explores the question whether the financial statements can be made more useful. This leads to an important concept in accounting-- the concept of decision usefulness. To properly understand this concept, this paper outlines other theories from economics and finance to assist in conceptualizing the meaning of useful financial statement information. The main purpose of this paper is to introduce the concept of decision usefulness approach, related theories, and its applications in practice. It pointsRead MoreJntuk 2-1 and 2-2 Mech Syllabus R105047 Words   |  21 Pageshttp://www.UandiStar.org JNT UNIVERSITY KAKINADA, KAKINADA MECHANICAL ENGINEERING - COURSE STRUCTURE – 2010 BATCH 1 2 3 4 5 6 7 8 9 I SEMESTER Engineering Mechanics Fluid Mechanics Hydraulic Machinery Thermodynamics Managerial Economics Financial Analysis Electrical Electronics Engineering Computer aided Engineering Drawing lab Electrical Electronics Engg. Lab Fluid Mechanics Hydraulic Machinery Lab English Communication Practice P 4 4 4 4 4 6 3 3 2 II YEAR C II SEMESTER 4 1Read MoreAdvanced Placement Microeconomics23462 Words   |  94 Pagesaccompany Economics Principles, Problems and Policies, 15th Ed. Campbell McConnell Stanley Brue AP MICROECONOMICS SEMESTER PLAN Instructor, Mrs. Peggy Pride TEXT: Economics, Principles, Problems and Policies, 15th Edition, McConnell and Brue Video: Econ U$A series with discussion Class Activities: APIP workbook activities, reinforcement and writing activities and other teacher-developed materials This semester-long course gives students a thorough understanding of the principles of economics thatRead MoreThe Impact of Agricultural Sector on Economic Growth in Nigeria18675 Words   |  75 PagesAgricultural Economics of Nigeria: Paradoxes and Crossroads of Multimodal Nature Professor Eric C. Eboh Professor of Agricultural Economics University of Nigeria CONTENTS 1.0 ACKNOWLEDGEMENT 2 2.0 CONCEPTUAL APPROACH OF THIS INAUGURAL LECTURE 6 REFLECTIONS ON THE STRATEGIC ROLE OF AGRICULTURAL ECONOMY 8 3.0 4.0 5.0 AGRICULTURE FROM THE LOOKING GLASS OF MAN’S ECONOMIC HISTORY 16 AGRICULTURAL ECONOMY FROM PARADIGMATIC VIEWPOINTS ABOUT THE STATE VIS-A-VIS MARKET 21 6.0 NIGERIAN AGRICULTURERead MoreCommunity College Leadership Gap Analysis8105 Words   |  33 Pagesof Business Administration dissertation requires a practical contribution to business knowledge, as well as an application of theory; as opposed to the development of new theories (Banarjee, 2013); which is why a qualitative case study with (TBD) model will clarify community college leaders perceptions concerning: a) the leadership gap, b) the lack of quality leadership, c) the gender leadership gap, d) and the gender wage gap. While appraising the literature, studies were organized by methods toRead MoreChristian Worldview and Multiculturalism3014 Words   |  13 PagesBlack, or Indian makes them feel diminished in importance or somehow less human, we as Christians need to be empathetic and make changes in our use of language. This sensitivity should grow out of a sense of biblical humility, not for political or economic reasons. But another question still must be answered. Will the enforced use of certain words really benefit the self-esteem and thus the learning of minority students in schools, as some have suggested? Dr. Paul Vitz, professor of psychology atRead MoreRisk Management in Banking Sector12709 Words   |  51 Pagesrisk. LIMITATION OF THE STUDY 1. The major limitation of this study shall be data availability as the data is proprietary and not readily shared for dissemination. 2. Due to the ongoing process of globalization and increasing competition, no one model or method will suffice over a long period of time and constant up gradation will be required. As such the project can be considered as an overview of the various risks prevailing in Punjab National Bank and in the Banking Industry. 3. Each bank,Read MoreHedge Funds : Introduction And Overview10196 Words   |  41 Pagescontinues to trend upwards albeit at slower pace compared to the broader Asian hedge fund space. Managers have raked in roughly US$700 million in performance-based gains in 2014 while seeing net inflows of US$215 million during the year. While investor flows have not kept pace with manager performance in 2014, going forward one should expect an uptick in investor allocation towards India as the country remains a much better value proposition for investors compared to some of its emerging market peers and

Where Do These Measurements Come from Free Essays

Today almost all women try to lose a few kilograms. But to tell the truth, every woman in the world wants to look like a top model. If they could only dream about a fantastic figure, it was ok. We will write a custom essay sample on Where Do These Measurements Come from? or any similar topic only for you Order Now Unfortunately some of them try to achieve this, and sometimes it becomes a big problem. Usually, top models have parameters 90-60-90. There are several versions of the beginning of these, but the real reason is laziness. These numbers were chosen by designers because this is easier to make clothes only for one little size. It happened in the middle of XX century, when mannequins began to demonstrate the clothes. So thinness became fashionable. A woman spends on diets about 10 years of her life. But according to statistics, only 10% of men prefer thin women. Losing weight the woman notices that she likes herself, her man like her, and not only he. But psychologists say that men like women’s confidence and not lost weight. Sometimes a woman wants to lose weight to be better than her friends. Firstly a diet unites women, but if one of them is more successful, other start to envy her. Also the woman wants to be like actresses or young singers. In addition to this, it is a fact that woman has hard time losing weight. For example, due to unbalanced diet a woman suffers from depressions. A lack of glucose disturbs the thought processes. Moreover long diets reduce the level of estrogen-the hormone of attractiveness. Often, losing weight women cannot stop. According to Wikipedia (2012) â€Å"The thinner one gets, the fatter they think they are. †(para. 2). Later, it becomes a terrible disease â€Å"Anorexia nervosa†. â€Å"Anorexia nervosa† often occurs with young girls. They have this illness because of their paranoia. They want to have it themselves and cannot stop. Macrae (2007) claims that â€Å"Dr. Mann’s research showed that up to two-thirds of dieters put on all the weight they lose-and moreover a four to five-year period. †(para. 12). Unfortunately, the most of girls already do not have so much time. They die, and nothing can save their lives. In conclusion, I want to add that every second woman returns to her previous weight, and every third woman even gets more. Therefore, it is better for girls not to torment themselves with diets trying to suit the generally accepted standards. How to cite Where Do These Measurements Come from?, Essay examples

Corporation Law Second Strike

Question: Discuss about theCorporation Law for Second Strike. Answer: Introduction The directors of the company have total powers to control the overall functioning of the company. However their powers have been limited by provisions of both statutory and common law in Australia[1]. This purpose of this paper is to analyze the powers and limitations of directors in relation to bonus shares and dividends. As the shareholders have been given a say by law towards the management of the company the directors try to please them with dividends and benefits which might not be beneficial for the company in order to attain personal interest. The remuneration of the directors can only be allowed if the report is approved by the shareholders. In the provided scenario it has been seen that the directors of Waldmart Ltd have taken the initiative to issue dividends and bonus shares to the shareholders after the first remuneration report has been rejected by them. The purpose of this paper is discuss the validity of such issues by the directors and on what grounds such issue can b e challenged by the shareholders. The paper also discusses the consequences which the board of Waldmart has to face in case the subsequent remuneration report is rejected causing a Second strike. This Section of the paper would analyze the validity of the issued bonus shares by directors and the grounds on which the issue can be challenged. Rules Share capital is usually paid, however the directors have the right to issue shares free of cost to the existing shareholders of the company if they think it is appropriate to do so. The shares which do not alter the capital of the company and against which no consideration is received are known as bonus shares. The provisions related to the issue of bonus shares by the directors are governed by both common law and statutory provisions. Section 124 of the CA provides exclusive powers to the directors of the company to issue shares. The power to issue bonus shares to the shareholders has been provided to the directors through Section 254A(1)(a) of the CA as per Section 124. Note 3 of the Section further provides that the directors do not need to show that the share capital of the company has increased in order to be able to issue bonus shares[2]. Bonus shares can only be issued out of profits and not for any other reason by the directors. The directors may be challenged legally if they issue bonus shares for reasons other than profits. When issuing bonus shares the directors need to assure that they do not indulge in any kind of insolvent trading. Directors can also be liable under directors duties if they fail to prioritize the companys interest over their personal interest[3]. The shareholders of the company have the right to legally challenge the decisions of the directors if they believe that the directors are not working in favor of the company. They have the right to exercise their powers by passing resolutions during general meetings[4]. The resolution must be validated by the shareholders by ensuring the presence of specified number of members. A resolution can be passed with more than 50% of the total votes and a special resolution can be passed with 75% of the total votes[5]. Application The directors of Waldmart have declared to issues bonus shares just after their initial remuneration report have been rejected by the shareholders. According to the shareholders the financial condition of the company may be affected if the bonus shares are issued by the directors. The shareholders believe that the issue of bonus shares is one of the most unnecessary steps during financially unstable times. In this case the directors of the company do not have the right to issue bonus shares in order to fulfill their own interest. Further the only motive behind the issue of the bonus shares in this case is to make the shareholders approve the subsequent remuneration report by the directors. Thus the shareholders not only have the right to go up against the judgment of the directors during the AGM but also they have the authority to bring proceedings against the directors for taking such an unwise decision. This Section of the paper would analyze the validity of the increased Dividends by directors of Waldmart and the grounds on which the increase in dividends can be challenged. Rules The directors of the company have ultimate power to decide the issue of dividends. It has been provided by Section 254U of the CA that dividends can be issued at the discretion of directors. The court ruled in the case of Burland v Earle [1902] AC 83 the court will not interfere with the powers of the directors in relation to the issue of dividends until there is fraud by them[6]. The court held in the case of Miles v Sydney Meat Preserving Company [1912] 12 NSWLR 98 that directors of the company are not allowed to increase or issue debentures against the interest of the company[7]. In the case of Sandford V Sandford Courier Service P/L [1989] 5 ACLR it was provided by the court that only when the company has been able to show excess profits can the directors of the company increase or issues dividends[8]. Section 254 T of the CA further provides that the directors will only be allowed to declare or increase dividends when they can show that the total assets of the company are more t hat its total liabilities[9]. The directors also need to prove that the dividends are reasonable and fair in relation to the shareholders of the company overall. One of the most important provisions provided by this Section is that the company does not suffer any damage to its position of paying its liability due to the issue or increase in dividends. Section 254s further provides that in case the divides make the company insolvent the directors of the company would be liable under Section 588G for insolvent trading. In the case of Re Spanish Prospecting Co Ltd [1911] 1 Ch 92 the court provided that dividends are entitled to be issued if the company makes profits[10]. Section 256 of the CA makes the directors liable if the dividends are paid for reasons other than profits. Application The directors of Waldmart have declared to increase dividends just after their initial remuneration report have been rejected by the shareholders. As discussed above the directors of Waldmart have discretionary powers to increase and issue dividends. However according to the cases and provisions discussed above they would only be able to increase of issue dividends in case Waldmart has earned excess profit. In this case there is no sign that the company has made excess profits. Further the only motive behind the increase in dividends in this case is to make the shareholders approve the subsequent remuneration report by the directors. The financial conditions of the market are not stable and the issue of dividends can also make the company insolvent. As ruled in the case of Re Spanish Prospecting Co Ltd the directors can directly be held liable for the issue of debentures without being able to show profits if the company faces looses because of such issues. The directors of Waldmart c an also be held liable under the provisions of Section 1324 and 256D for increasing the dividends of the company without showing excess profit. This Section of the paper analyses the position in which the directors of Waldmart Ltd would be in if the shareholders of the company decide not to vote in favour of the second remuneration report and cause a second strike. Rules The issue related to the remuneration of senior executives and directors of the company have been in under the decade for a few years. There have been significant changes related to the remuneration report of the directors after the inquiry of the productive commission into the matter[11]. The corporation act had been amended following the inquiry and the two strike rule was incorporated into it. Previously the vote of the shareholders in relation to the report was not binding but after the amendment the scenario has been changed considerably. According to the rules the directors and senior executives whose remuneration is to be discussed are not included in the voting process. In case the remuneration report does not receive 25% of the total votes casted at the AGM than it is the duty of the board of directors to address the comments of the shareholders in the next AGM[12]. However in case the remuneration report is not approved by at least 25% of the total votes at the next AGM and 50% of the total members cast their vote to support a spill resolution than the entire board of the company would have to undertake the process of re election. The shareholders are required to organize a meeting for the re election within 90 days from the date when the spill resolution had been approved[13]. In the meeting a re-election process would be initiated which the board of directors have to undergo. In case the directors of the company are removed from their positions as a result of the election it is to be ensured that the minimum legal directors required to manage a company remain as directors. The managing director is excluded from the process of election and the remaining two directors position is filled with those directors who receive the maximum number of votes during the election. In case two directors of the company get same number of votes than the remaining director or directors have the authority to decide which director would be chosen for the board. The directors can be chosen to fill the minimum number if if they do not receive more than 50% of the votes[14]. Application In the provided scenario the remuneration report which was published by the directors of Waldmart last year has been rejected by the shareholders. The report had failed to achieve minimum number of votes at the last AGM. The directors of the not altered the report according to the comments of the shareholders and moreover proposed to issue bonus shares and increase dividends in order to lure the shareholders to approve the initial remuneration report. In case the shareholders do not approve the second remuneration report and 50% of them vote in favour of a spill than as discussed above a spill resolution will be passed. In this spill resolution all directors of Waldmart have to go through a re-election process according to the wants of the shareholder. The spill meeting would have to be scheduled within ninety days from when the spill resolution had been passed. However all directors cannot be removed from their positions by the shareholders as a minimum of seven directors which are required for a public limited company have to be on board. As discussed above the directors who receive the maximum votes would be eligible for the position. Conclusion Concluding the paper based on the above analysis it can be held that the powers to issue bonus shares and increase dividends with respect to the directors of a company are not unrestricted. Although they can authorise the issue on their own discretion they have to follow the provisions of corporation act and common law to make their decisions. Dividends and bonus shares can only be issued out of profit and it has to be assured that such issue does not hamper the financial position of the company. The directors must also assure that the companys capacity of paying the creditors back is not hampered and the company does not become insolvent. Thus in this case they cannot issue bonus shares and increase dividends to fulfil their own interest. In case the directors call a second strike than all the directors of the company or the directors specified by the shareholders would go through a process of election. This step has been taken by the parliament in order to ensure the accountability of the companys directors towards its management. References Burland v Earle [1902] AC 83 Cassidy J., Corporations Law Text and Essential Cases. Federation Press, 4th edition Sydney 2013 Ciro T, Symes C, Corporations Law in Principle LBC Thomson Reuters, Sydney, 9th edition 2013 Corporation Act 2001 (Cth) Davenport, S and Parker D, Business and Law in Australia, Thomson Reuters, 2012 Fisher S, Anderson C, Dickfos, Corporations Law - Butterworths Tutorial Series, 4th Edition Butterworths, Sydney 2014 Fitzpatrick, Symes, Veljanovski, Parker, Business and Corporations Law; LexisNexis 3rd edition 2017 Graw, Parker, Whitford, Sangkuhl and Do, Understanding Business Law 7th ed LexisNexis Butterworths, 2015. Hanrahan, P., Ramsay I., Stapledon G., Commercial Applications of Company Law. Oxford 18th edition 2017 Miles v Sydney Meat Preserving Company [1912] 12 NSWLR 98 Parker, Clarke, Veljanovski, Posthouwer, Corporate Law, Palgrave 1st edition 2012 Re Spanish Prospecting Co Ltd [1911] 1 Ch Sandford V Sandford Courier Service P/L [1989] 5 ACLR

Monday, May 4, 2020

Music Piracy Argumentative Essay Example For Students

Music Piracy Argumentative Essay While I was searching online for articles about downloading, I discovered the website for the Recording Industry Association of America, or ARIA. This organization deals with the laws against music piracy. Music piracy can be defined as the stealing of music (Examples). The two main ethical arguments advanced by the ARIA are that downloading is theft and that it harms the music industry and its employees (ARIA). The ARIA has filed many lawsuits against people who have ignored these laws (Austin). The argument that downloading is theft comes from the position that music is intellectual property (ARIA). The Arias advertisements show a clear parallel between downloading a song and shoplifting a CD. The implication is that intellectual property is no different than physical property; and therefore, the wrongness of physical theft applies directly to downloading music (Boon). I feel that there is a distinction between the two properties. People can use intellectual property simultaneously without interfering with other peoples rights. If I were to download a CD I wouldnt be robbing the opportunity for someone else to buy the CD. On the contrary, if I were to shoplift a CD it would take away the possibility of someone else purchasing that CD. The organizations laws made me question how I felt about downloading as a whole. On one hand, I believe that downloading music is not like stealing at all. I consider theft as physically taking an object from someone else. Downloading music doesnt take away something that can be potentially sold by the owner, so to me, it cant technically be considered as theft. On the other hand, I agree that downloading music is becoming a problem for many industries and the artists as individuals. After researching the laws of the ARIA, I began to wonder how serious downloading is or the music industry. I decided to search for articles that specifically addressed these issues. I came across several articles that addressed the huge impact of intellectual property theft. The article I found most meaningful is from the Music United Organization. The article states that music piracy causes $12. 5 billion in economic losses every year. Along with this, the article states that approximately 71,060 U. S. Jobs are lost every year due to music downloads (Piracy). This fact illustrates that not only does piracy affect musicians, but many other people as well. Record companies and music store clerks are some of the other people it hurts. I agree that downloading music affects more than Just the artist. This article gave me a better understanding on how serious downloading music really is. While I was Music Piracy By Haley my attention. The article explains the benefits that come from free downloading. This particular article discusses how the band, Radioed, allowed their entire CD, Kid A to be downloaded for free. The band used the downloading for publicity rather than using interviews, music videos, or radio plays. The CD was available for ere three months before the release date. Despite the heavy downloading, the CD sold 210,000 copies in the first week and it debuted at number one on the Billboard charts (Examples). This suggests that downloading generated enough publicity to help the album become extremely successful. I feel that allowing music to be downloaded is a great form of publicity. It allows the music to be viewed before the actual buying of the CD. I prefer not purchasing a CD until Im positive I will like it. Along with this, I feel that people are more likely to go to concerts if music is being heard in advance by free downloads. I have gone to many concerts where I dont own the CD of the artist that was performing. At this point of my research, I began to see more clearly why the issue of downloading music is problematic. The success of Radioed with the free downloads was the exact opposite of what the ARIA laws said should happen. The free downloads did not hurt the musicians; it actually allowed listeners to become more aware of a particular CD and the result was an increase in sales. Thus, the argument held by the ARIA that downloading music is unethical because it harms the music industry is distorted and invalid.