Sunday, December 29, 2019
The Causes of Schizophrenia Essay - 3196 Words
Schizophrenia is undoubtedly one of the most common psychological disorders which according to epidemiology, affects at least 1 in 100 individuals (Kolb Whishaw, 2011), equating to 24 million people worldwide (World Health Organisation, 2012). Research has demonstrated that symptoms of the illness usually become apparent in late adolescence or early adulthood (Bear, Connors, Paradiso, 2007), with males typically experiencing an earlier onset in comparison to their female counterparts (Kalat, 2012). Psychological disorders as such have detrimental consequences for their sufferers, in which an individual uncontrollably loses contact with reality, accompanied by the experience of irrational ideas and the presence of distortedâ⬠¦show more contentâ⬠¦Evidence provided will consist of research in which support for the claim has been obtained, followed by contradictory claims which subsequently suggest alternatives. The term ââ¬Ëschizophreniaââ¬â¢, which was originally known as ââ¬Ëdementia praecoxââ¬â¢ (Latin for ââ¬Ëpremature mental deteriorationââ¬â¢), was coined in 1911 by Swiss psychiatrist Eugen Bleuler (Kalat, 2012). Bleuler used the term as a means of representing a major psychotic illness which he described as the ââ¬Å"splitting of the different psychic functionsâ⬠within an individual (Bleuler, 1950; as cited in Toates, 2007, p. 540). It is important to highlight momentarily that although the term schizophrenia is Greek for ââ¬Ëspilt mindââ¬â¢, it is in fact unrelated to dissociative identity disorder (Kalat, 2012). In an attempt to clarify this, Blueler proposed that schizophrenia means ââ¬Å"divided mindâ⬠in that many sufferers oscillate between normal and abnormal states, typically experiencing a ââ¬Ësplitââ¬â¢ between emotion and intellect (Bear et al., 2007, p. 679). With only an evasive definition of schizophrenia obtainable, clinicians and researchers have found it easier to identify and classify schizophrenic behaviour, as opposed to providing a definitive definition (Kolb Whishaw, 2011). Core symptoms include hallucinations, delusions, thought disorder, and disorganised speechShow MoreRelatedCauses Of Schizophrenia1426 Words à |à 6 Pagesthat there are absolutely genetic causes for schizophrenia. Monozygotic twins share roughly 100% of their genes and dizygotic twins share roughly half of their genes. Findings in twin studies show that monozygotic twins will both experience schizophrenia 46%-53% of the time when one is diagnosed. Among dizygotic twins, 14%-15% will both be diagnosed with schizophrenia. These findings show that there is a clear genetic relevance to the diagnosis of schizophrenia. While the rates among twins are highRead MoreSchizophrenia - Causes and Symptoms828 Words à |à 3 PagesSchizophrenia ââ¬â Causes and Sympt oms Schizophrenia, from a Greek origin meaning, ââ¬Å"splitting of the mind,â⬠is a chronic psychiatric disorder that makes it difficult to distinguish between what is real and what is deceptive. This illness alters a personââ¬â¢s ability to think or act, identify reality, portray emotions, and relate to others. Attitudes and behaviors that coincide with this infirmity are contradictory, and the persons who obtain this sickness must learn to live with the conflicting lifestyleRead MoreThe Causes And Cures Of Schizophrenia938 Words à |à 4 Pages The causes, cures and intellectual comprehension in schizophrenia patients remains unknown. Scientists have discovered that schizophrenia is a severe condition that develops by a combination of biological, environmental, and unforeseen factors. Since this condition effects no more than two percent of the population, it is challenging to find an adequate sample size for assessments and further study. People suffering from schizophrenia are incapable of determining reality and show a wide array ofRead MoreSymptoms, Causes, And Treatments Of Schizophrenia1702 Words à |à 7 PagesSymptoms, Causes, and Treatments of Schizophrenia Cassidy Echalico Florida State College at Jacksonville Symptoms, Causes, and Treatments of Schizophrenia Schizophrenia is a stigmatized disease that labels victims as crazy. One percent of people develop schizophrenia in their lifetime; more than two million Americans suffer from schizophrenia in a given year (Spearing, 1999). Although schizophrenia affects men and women equally, it often appears earlier in men than in women; Men are generally affectedRead MoreSchizophrenia And Its Symptoms, Causes, Treatments954 Words à |à 4 PagesIntroduction Schizophrenia is a turbulent mental illness that many people throughout America are suffering from. The word schizophrenia comes from th One percent of Americaââ¬â¢s population is diagnosed with Schizophrenia each year. This mental disorder is more common in late teenagers and young adults ranging from the ages of 20 to 30. It is proven that this illness occurs in more young men than women. People who suffer from schizophrenia usually cannot have normal lives due to the disabling symptomsRead MoreThe Major Types and Possible Causes of Schizophrenia1082 Words à |à 4 PagesSchizophrenia is a severe, debilitating disabling disease. There are more than two million Americans who suffer with schizophrenia in any given year. Some of the symptoms of schizophrenia are hallucinations, delusions, apathy, lack of emotion, disorganized thoughts, difficulty concentrating or following instructions and memory problems. There are no lab tests to diagnose schizophrenia and most times the pati ent is misdiagnosed with a diagnosis of bipolar disorder or major depression (Daily schizophreniaRead More Biological Dysfunction as a Cause for Schizophrenia Essay2153 Words à |à 9 PagesBiological Dysfunction as a Cause for Schizophrenia Schizophrenia is a mental disorder, which is characterised by a number of both positive and negative symptoms. Positive symptoms are behaviours which are present although should be absent. Examples of these are thought disorders resulting in difficulty in arranging thoughts logically, jumping from one topic of conversation to another and speaking random words. Other positive symptoms of schizophrenia include delusionsRead MoreEssay Biological, Social and Psychological Causes of Schizophrenia558 Words à |à 3 PagesBiological, Social and Psychological Causes of Schizophrenia Schizophrenia is a very serious, long-term disorder that affects about 1% of the worldââ¬â¢s population. It affects people anywhere from twenty years old, to forty-five years old. It is known to be one of the most disabling diseases in this age group. Schizophrenia can break down a personââ¬â¢s behaviors, emotions, and thoughts. People who suffer from schizophrenia usually show very inappropriate displays of their actions and feelings. SufferersRead MoreSchizophrenia: Causes, Symptoms, Diagnosis, Treatment Essay1851 Words à |à 8 PagesINTRODUCTION Schizophrenia is a serious mental illness. Patients experience progressive personality changes and a breakdown in their relationships with the outside world. They have disorganized and abnormal thinking, behavior and language and become emotionally unresponsive or withdrawn. ââ¬Å"The first signs, usually only noticed in looking back on events, are likely to include an unexpected withdrawal of the degree or type of contact that the person used to have with family or school. The personRead MoreSchizophrenia Stigmas, Causes and Brain Activity Differences Essay1967 Words à |à 8 PagesSchizophrenia Stigmas, Causes and Brain Activity Differences Contrary to popular belief, Schizophrenia is not a mental health disorder but a psychotic based disorder, in which those affected often experience psychosis. Those experiencing psychosis are known to lose touch with reality; this loss often results in delusions and/or hallucinations. This leads one to ask: what are the social stigmas, plausible causes and brain activity differences related to schizophrenia? Background Schizophrenia is
Saturday, December 21, 2019
Slave Women in Harriet Jacobs Incidents in the Life of a...
Slave Women in Harriet Jacobs Incidents in the Life of a Slave Girl and Toni Morrisons Beloved Slavery was a horrible institution that dehumanized a race of people. Female slave bondage was different from that of men. It wasnt less severe, but it was different. The sexual abuse, child bearing, and child care responsibilities affected the femaless pattern of resistance and how they conducted their lives. Harriet Jacobs Incidents in the Life of a Slave Girl, demonstrates the different role that women slaves had and the struggles that were caused from having to cope with sexual abuse. Growing up as a slave Jacobs was constantly exposed to sexual abuse from her master. She was forced to learn what it meant to be a slave that wasâ⬠¦show more contentâ⬠¦When she wanted to escape into freedom, her bonds to her children were so great that it was hard for her to leave them. Jacobs couldnt stand the suppression and constant abuse of her master. She couldnt leave her children. Her grandmother told her, Stand by your children, and suffer with them till death. Nobody respects a mother who forsakes her children: and if you leave them, you will never have a happy moment.(Jacobs, 417) The slave womens choices in life were not limited to her happiness, but she had to think about her children. A mother had different responsibilities that she had to deal with. By having to deal with sexual abuse and thinking about children women were less able to leave their chains and people behind. According to Deborah Gray White in Arent I a Women?,...for those fugitive women who left children in slavery, the physical relief which freedom brought was limited compensation for the anguish they suffered.(White.62) Recent DNA test results that have concluded that the Nations third president, Thomas Jefferson fathered at least one child, Eston Hemings, with his slave, Sally Hemings. The study has shed new light on the aged debate, forcing society and historians to recognize what had previously been ignored. Although America is obsessed with race, our society does not recognize the central role slavery has played in the nations development. The continued and persistent effort to separat eShow MoreRelatedSlave Narratives: Beloved by Toni Morrison1644 Words à |à 7 Pageswith slave narratives because of the story that it tells and the interesting topics that can be seen within. These are stories that we canââ¬â¢t specifically relate to or come close to understanding simply because we have not experienced these hardships, and werenââ¬â¢t even born to witness it. Slave narratives are memoirs that were written while slavery was still legalized, for example Harriet Jacobââ¬â¢s ââ¬Å"Incidents in the life of a Slave Girlâ⬠. However, Toni Morrisonââ¬â¢s ââ¬Å"Belovedâ⬠is considered a neo-slave narrativeRead MoreBeloved by Toni Morrison1455 Words à |à 6 Pagessuffered horrifically. Not many slaves knew their mothers because they were torn from their homes. Many slave women were robbed of their innocence by their masters. Behind the face of every slave, there is always a very traumatic unforgettable story which is not something to pass on, but a lesson to remember from repeating same mistake again. Only a handful of slaves learned to read and write, and from their stories we can read the horrors they went through. Slave narratives brings these hardshipsRead MoreHow Slavery Can Affect The Mother s Mind And Threaten Motherhood3396 Words à |à 14 Pagessee what slaves really went through during the Antebellum Era, people mostly find it shown from African-American men with their experiences with slavery. For example, Solomon Northup in 12 Years a Slave, Jim in The Adventures of Huckleberry Finn, Django in Django Unchained, Kunta Kinte in Roots: The Saga of an American Family, and the story of Nat Turner in his courageous Slave Rebellion. These men slaves are known among the media and literature for generations, but what about the women ï ¬ gures inRead More Three Women Writers: A Study in Virtue and Christianity of the 18th and 19th centuries2420 Words à |à 10 PagesThree Women Writers: A Study in Virtue and Christiani ty of the 18th and 19th centuries The popularity of Toni Morrisons Beloved has recently awakened a mainstream interest in African-American literature. Writers, such as Maya Angelou and Langston Hughes, have also facilitated the infiltration of African American voices into popular culture. This website is devoted to three women who, like Morrison and Angelou, have aided in the formation and development of the African American literary traditionRead MoreThe Role of Mother for Slave Women in Harriet Jacobsà ´ Incidents in the Life of a Slave Girl and Harriet Beecher Stoweà ´s Uncle Tomà ´s Cabin3385 Words à |à 14 Pagesclearly defines a stage in womans life that should be a pleasant and happy experience, but thats not the case for everybody. The dehumanizing acts of slavery are eminent in many novels, such as Incidents in the Life of Slave Girl by Harriet Jacobs and Uncle Tomââ¬â¢s Cabin by Harriet Beecher Stowe. In these novels, slave women were not suppose to enjoy the role of mother. It was either physically taken away or their mother instincts were brutally effected. Slave mothers had to face many consequences
Friday, December 13, 2019
The Doctrine Of Separate Legal Entity A Case Of Salomon Vs Salomon Co Ltd Free Essays
string(70) " legislatures and courts have followed the separate entity principle\." Abstract The doctrine of separate legal entity is a doctrine which has gained increasing importance in the analysis of company law. The importance of this doctrine and its relevance in the analysis of laws relating to companies is evident in the case of Salomon v A Salomon and Co Ltd [1897] AC22, the leading case which gave effect to the separate entity principle (Macintyre 2012). This case has formed the basis of company law and corporate theory. We will write a custom essay sample on The Doctrine Of Separate Legal Entity: A Case Of Salomon Vs Salomon Co Ltd or any similar topic only for you Order Now Not only is this case often quoted in textbooks and journal articles, but also, its principles have found their way to English courtrooms and law firms (Karasz 2012) Aligning with the above, this paper explains the following statement made by Lord Halsbury in Salomonââ¬â¢s case ââ¬Å"Either the limited company was a legal entity or it was not. If it was, the business belonged to it and not to Mr. C Salomon. If it was not, there was no person and nothing to be an agent at all; and it is impossible to say at the same time that there is a company and there is notâ⬠(Roach 2012). Attempts will be made in this paper to analyze courtsââ¬â¢ approach to the separate entity principle. Criticism against the decision made by the House of Lords in salomonââ¬â¢s case will also be examined. Statutory and judicial exceptions to Salomon shall also be explored on. Introduction Corporate theory has certain principles which practitioners and academics have struggled to define. Some of these principles seem somehow unsuitable for strict and permanent delineations given that their construction often change with time (Karasz 2012). The case of Salomon V. Salomon and Co. Ltd which has formed the basis of company law globally is one such example. Not only is this case often quoted in textbooks and journal articles, but also, its principles have found their way to English courtrooms and law firms (Karasz, 2012). The doctrine of ââ¬Ëseparate legal personalityââ¬â¢ laid down in Salomonââ¬â¢s case has received increased recognition and is often cited in court today. In this paper we explore on the following statement made by Lord Halsbury L.C. in Salomonââ¬â¢s case and analyze the courtsââ¬â¢ approach to the separate entity principle. ââ¬Å"Either the limited company was a legal entity or it was not. If it was, the business belonged to it and not to Mr. C Salomon. If it was not, there was no person and nothing to be an agent at all; and it is impossible to say at the same time that there is a company and there is notâ⬠(Roach 2012). We will also try to find the basis under which courts may decide to disregard the separate personality of a company. A delve on this topic will not be complete without exploring on Salomonââ¬â¢s case. Salomon v Salomon Co Ltd The case of Salomon v Salomon revolves around Mr. Salomon, a businessman who incorporated his business; and given the requirements put forth in the Companies Act 1862 which require the presence of at least seven shareholders, he made his family members as business partners issuing one share to each of them (Keenan Riches 2009). The business was bought at ?39,000. Mr. Salomon held some 20,000 shares and since ?10,000 was not paid for, he was paid the remaining amount by debentures and granted a floating charge on the companyââ¬â¢s assets as part payment (Keenan Riches 2009). Soon after the business had been incorporated, the shoe industry witnessed a series of strike which led to the governmentââ¬â¢s decision to split contracts with several other firms with the aim of diversifying and reducing the risk of its few suppliers, given the ongoing strikes (Keenan Riches 2009). Since the company was in need of more funds, they sought ?5,000 from Broderip. Salomonââ¬â¢s debenture was then assigned to Broderip and secured by a floating charge (Keenan Riches 2009). In the end, however, the business failed and Broderip sued to enforce his security. Given that, at the time, the company was indebted to unsecured creditors; an action against the appellant was brought by the companyââ¬â¢s liquidator and the case tried before Vaughan Williams, J. of the high court (Keenan Riches 2009). Vaughan Williams J declared Broderipââ¬â¢s claim to be valid arguing that the signatories were just but mere dummies and that Mr. Salomon was acting as an agent of the company (Keenan Riches 2009). Thus the company was entitled to indemnity from the principal who in this case was Mr. Salomon (Keenan Riches 2009). The ruling made by the Court of Appeal further confirmed the earlier decision made by Vaughan William. The Court of Appeal ruled that Broderipââ¬â¢s claim was valid on grounds that the Appellant had abused the privileges of incorporation (Macintyre 2012). According to the Court of Appeal, the incorporation of the company was improper as the Act only contemplated the incorporation of independent bona fide shareholders with the will and minds of their own and not mere puppets (Macintyre 2012) This decision was, however, unanimously overturned by the House of Lords and the arguments of fraud and agency rejected (Macintyre 2012). They held that the Act had to be the sole guide for determining whether a company had been validly constituted. According to the Companies Act 1862, just a share was enough for one to be named as a member. It was therefore not in order to label shareholders as dummies or mere puppets since the company had been duly constituted by law and thus had a separate legal entity (Macintyre 2012). The House of Lords remarked that it was improper for the judges to read into the statute limitations based on their personal opinion (Macintyre 2012). The House further noted that while the company remained precisely the same even after being incorporated with the same hands receiving profits; by law, the company was not an agent nor a trustee of the subscribers and the subscribers were also not liable for any of the companyââ¬â¢s liabilities (Macintyre 2012). Since then, legislatures and courts have followed the separate entity principle. You read "The Doctrine Of Separate Legal Entity: A Case Of Salomon Vs Salomon Co Ltd" in category "Essay examples" This principle which is enshrined in article 16 of the Companies Act 1997 have since been followed in company proceedings in court. Salomonââ¬â¢s case has become a landmark company case law in the UK and is often cited in most cases within the area of company law. The principle established in Salomon vs. Salomon Co Ltd has stood the test of time, given that this doctrine has formed the basis of company law (Puig 2000). As noted in Salomonââ¬â¢s case, a company is at law a legal entity separate from its members and can neither be an agent nor a trustee of the subscribers. The decision made by the House of Lords in Salomonââ¬â¢s case confirms Gooleyââ¬â¢s observations that the doctrine of separate legal personality was a ââ¬Ëdouble-edged swordââ¬â¢ (Puig 2000). While this decision was good as it promoted capitalism, the decision also extended the benefits of incorporation to private businesses thereby providing for fraud and evasion of legal obligations (Puig 2000). This criticism will be examined in detail in the next section. Criticism against Salomonââ¬â¢s case Despite having been cited in court, Salomonââ¬â¢s case has met considerable criticism. Much of the criticism has been based on the fact that corporate veil may at times lead to injustice. For example, in the article 7 Modern Law Review 54, Kahn-Freund described the decision made in Salomonââ¬â¢s case as ââ¬Å"calamitousâ⬠. Kahn-Freund further called for the abolition of private companies. Criticism is also mounted against Salomonââ¬â¢s case on the basis that priority is given to the separate identity principle over the economic reality of a one-person company. In the article, The Law Quarterly Review, Goulding explains that criticism laid against Salomonââ¬â¢s case is two-fold. First, the unanimous ruling made by the House of Lords in this case gives incorporators the benefit of limited liability even in situations where it may be deemed unnecessary. Second, this decision affords unscrupulous promoters opportunities to abuse the privileges provided for under the Corporations Act. Piercing of the corporate veil Despite the seemingly categorical statement made by Lord Halsbury in Salomonââ¬â¢s case, a few years later, the English court held that in certain situations it was permissible to disregard this principle and to ââ¬Ëpierce the corporate veilââ¬â¢ (Mugambwa 2007). In this context, ââ¬Ëpiercing of corporate veilââ¬â¢ describes situations wherein the separate entity principle may be deemed unfair and the courts may make decisions contrary to this principle on various grounds. The court often does this so as to reach the person behind the veil and to reveal the true nature of the company (Mugambwa 2007) It has however become a hard task for academics and practitioners to find a basis in which courts may lift the veil. This is an area which is said to be ill-defined, inconsistent and quite unpredictable. In Briggs v James Hardie Co Pty Ltd, Rogers AJA point out to the lack of a common and unifying principle underlying the courtââ¬â¢s decision to lift or ignore the corporate veil (Macintyre 2012). In determining when to disregard the separate entity principle, commentators have often divided their instances into several distinct categories and often there is no consensus as to the number or type of categories, with some similar cases being placed in different categories. The ultimate policy for lifting the veil also remains elusive with some arguing that it depends on ââ¬Ëpolicyââ¬â¢ while others arguing that it depends on ââ¬Ëjusticeââ¬â¢ (Mugambwa 2007). Attempts have been made by commentators to categorize cases with the view of predicting the outcome of future cases but this has proved difficult largely due to the fact that this is an area where case facts have significant influence on the outcome. It has also proved difficult to rationalize and categorize cases since this is an area in which the personal views of judges have a bearing on what justifies lifting the corporate veil (Karasz 2012). Statutory and judicial exceptions Despite being enshrined in the Companies Act 1997, significant exceptions have been made to the separate entity principle (Macintyre 2012). In other words, there are certain situations in which the courts can legitimately disregard the separate legal entity principle. According to Bourne (2001), there are two main exceptions to the separate entity principle. These are statutory and judicial exceptions. In this context, statutory exceptions include provisions that penalize office holders by imposing personal liability. Several statutory provisions have introduced exceptions to the separate legal entity principle. One such statute is the Insolvency Act 1986 which involves fraudulent or rather wrongful trading (Roach 2012). In pursuant to the ââ¬Ëfraudulent tradingââ¬â¢ provision, if it appears that fraud has been used in carrying out business transactions, the court may on application of the liquidator declare any of the parties to the business liable for making contributions as may be deemed necessary by the court (Roach 2012). Judicial exceptions, on the other hand, are concerned with the companyââ¬â¢s separate legal personality. These exceptions have, however, proven hard to define. Justification for making such exceptions also differs greatly. Sealy Worthington (2010) gave an example wherein court may make such exceptions. They argued that members can be declared by court liable where their acts constitute them as ââ¬Ëprincipalsââ¬â¢ and the company acting as merely an agent. This example, however, does not encompass all the judicial exceptions. One major group to this type of exception relates to fraud. In this respect, Linklater (2006) identifies three cases where fraud had significant influence on the courtââ¬â¢s decision to lift the corporate veil: Kensington International Ltd v Congo, R v K and Trustor v Smallbone. A common feature in all these cases is that they would all have passed Salomonââ¬â¢s test that ââ¬â ââ¬Ëeither the limited company was legal entity or it was notââ¬â¢ (Linklater 2006). There is, however, one element in all these cases which set them apart from Salomon: the fact that all the three cases were being used for fraud and to disguise the true state of affairs rather than being used for legitimate trading (Linklater 2006). Another group encompassing judicial exceptions relates to a group structure, wherein both the parent and subsidiary company are viewed as one. This can be seen in the case of Adams v Cape Industries Plc. The court of Appeal ruled that the subsidiary company acted as an agent to the parent company and thus had to be indemnified by the parent company. Another practical example wherein courts can disregard the doctrine of separate entity can be seen with certain court cases. In UK, courts may disregard Salamonââ¬â¢s precedent especially when public funds are at stake. In such cases, courts may decide to impose financial liability on the shareholders and directors of the company. While these exceptions have been viewed by many as undermining the doctrine of separate legal personality embodied in Salomonââ¬â¢s case, it should be noted that these exceptions serve to further define the doctrine by narrowing its scope and stipulating additional guidelines. Conclusion There is no doubt that the decision in Salomonââ¬â¢s case established the separate legal personality of a company, allowing shareholders to carry on trading with minimal exposure to the risk of personal insolvency in the event of a collapse. There are, however, exceptions to this principle wherein the court may justifiably disregard and make rulings contrary to this principle. It remains, however, a daunting task for academics and practitioners to find a basis in which the courts may be justified to lift the corporate veil. This is largely due to the fact that this is an area where case facts and personal views of judges have a bearing on the outcome. Nonetheless, the principle in Salomon case is widely recognized and followed in courts. This principle which is enshrined in article 16 of the Companies Act 1997 have since been followed in company proceedings in court. Salomonââ¬â¢s case has become a landmark company case law in the UK and is often cited in most cases within the area of company law Reference Bourne, N., 2001. Bourne on Company Law. 5th edition, Oxon, Routledge Gooley, J., 1995. Corporations and associations law: principles and issues. 3rd edition. Sydney: Butterworths Kahn-Freund, O., 1944. Some reflections on Company Law Reform. 7 Modern Law Review, page 54-66 Karasz, A., 2012, Corporate world today: courts respond to limited liability and boardââ¬â¢s decision making ââ¬â a fight for a justice or rather prosperity at stake Keenan, D. and S. Riches, 2009. Business law, 9th edition. Harlow, Pearson Longman. Linklater, L., 2006. ââ¬Ëâ⬠Piercing the corporate veilâ⬠ââ¬â the never ending story?ââ¬â¢ Comp. Law 27 (3), 65-66 Macintyre, E., 2012. Business law. 6th edition. Harlow: Pearson Longman. Mugambwa, J.T., 2007. Commercial and business organizations law in Papua New Guinea. Routledge-Cavendish Puig, G.V., 2000. A two-edged sword: Salomon and the separate legal entity doctrine. Corporation law. Vol.7 (3) Roach, L., 2012. Card Jamesââ¬â¢ Business Law for business, accounting and finance students. 2nd edition. OUP Oxford. Sealy, L. and S. Worthington, 2010. Sealyââ¬â¢s Cases and Materials in Company Law. 9th edn, Oxford, Oxford University Press. Stephen, J., 2008. Business organisations and the veil of incorporation. In: Q A: Company Law. Oxford university press. How to cite The Doctrine Of Separate Legal Entity: A Case Of Salomon Vs Salomon Co Ltd, Essay examples
Thursday, December 5, 2019
Spending And Preparedness Financial Sector -Myassignmenthelp.Com
Question: Discuss About The Spending And Preparedness Financial Sector? Answer: Introducation Before implementing a BYOD policy, Aztek must carefully scrutinize both the business and security implications of the project. This policyis regulated by various legislative measures and controls described in the Freedom of Information Act 1982, Archives Act 1983, and also the Privacy Act 1988. These regulations govern the BYOD implementation criteria in an organizationand the relevant legal control measure to oversee the policy. These legislative regulations were necessary due to the liability risks marketing from adopting a BYOD policy in an organization. To ensure thesuccess of the BYOD project, the ICT management team of Aztek must develop a BYOD strategy, determine the implications of the project on any potentially existing BYOD, identify related legislation and regulations, communicate the organizations BYOD policies, and the relevant financial and technical support measures. Develop a BYOD strategy In order to successfully implement a BYOD strategy that compliments the business structure of Aztek, it is crucial to carefully formulatea strategy that is tailored to the needs and activities of Aztek. A strategy is importantso as to clearly analyze the risks involved and the appropriate measures (Ghosh, Gajar Rai, 2013). The absence of a strategy might create a situation whereby BYOD policies are employee driven. To developing a BYOD strategy for Aztek, the ICT team under the guidance of the management will conduct a pilot trial of a few employees in a low-risk section of Aztek. A review of the pilot trial using clearly defined success measures will provide Aztek management with an overview ofthe projects security implications, its cost-benefit relevance, and the impact on Azteks business activities. Existing BYOD framework In today's technological culture, it is likely that there exists an authorized or unauthorized BYOD framework in any organization. Aztek must first determine the possible BYOD existingprior to the implementation of the strategy. This information can be obtained from Azteks employees and other relevant stakeholders. A review of the organizations assigned devices can also help in mapping out the existing framework and implement the new strategy in a complementary manner. Legislations and Regulations According to the Information Security Manual (ISM) by the Australian government, it is important for any organization to seek legal advice before allowing employees to access the organizations systems using their personal devices so as to carefully understand the legal issues and liabilities imposed by a BYOD strategy. Communicating the Organizations Policy Aztek must carefully determine how to implement the policy in a manner that will facilitate employees compliance and support. Among the most effective ways ensure user compliance is by involving all relevant stakeholders in developing and implementing the BYOD policies (Lebek, Degirmenci Breitner, 2013). This will ensurea policy that is complementaryto the business and workforce structure of Aztek, employee motivation, and that the needs of all affected parties are met. The management of Aztek can alternatively offer BYOD as an optional strategy rather than mandatory.In order to ensure full awareness, the policy must be communicated to all departments, employees, and stakeholders. The policy must clearly highlight the authorized devices, the organizational data that they are permitted to access, authorized applications and software, storage and distribution regulations, non-compliance repercussions, and the controls that the managementis obligated to enforced to ensure the success o f the BYOD strategy. To ensure the compliance of all employees and to prevent legal liabilities, the employees of Aztek will be required to sign an Acceptable Use Policy that stipulates their authorized behavior and consequent repercussions of any violationsof the policy. Technical Support In developing a BYOD strategy, it is necessary for Aztek to determine the technical support implications of the strategy. A BYOB strategy would result in awide variety of personal devices with different operating systems, manufacturers, configuration settings, and electrical layouts. It would, therefore, be ineffective to assign Azteks IT support desk with the responsibility of managing the devices. Possible solutions for Aztek include issuing a list of approved devices or providing basic technical training to the employees. Financial Support The main aim organizational goal of Aztek is to ensure shareholders wealth maximization and making profits. It is therefore important to consider the financial implications of a BYOD strategy before its implementation (Seigneur et al., 2013).This includes concerns about expenses from internet and connectivity while at Aztek or outside the office, personal devices provided by Aztek, and the relevance of these expenses in helping accomplish Azteks organizational goal.All this will be dependent on Azteks budget, financial resources, and necessity of the BYOD strategy to the organization. Impact of the BYOD Project on Security In todays modern environment, it is challenging for any organization to adapt. This challenge is especially crucial to financial service organizations such as Aztek. Financial service institutions face high data security risk and management obligations. The situation is worsened by the increased level of competition among financial service organizations (Gustav Kabanda, 2016). These institutions manage the sensitive financial information of their many clients. Implementing a BYOD strategy, therefore, imposes a huge risk on Aztek and other financial service institutions. The security of the customers sensitive financial information is put at risk of loss or even malicious manipulation when employees are authorized toaccess to this information from their personal devices. The management of financial institutions is often faced with a dilemma of improving the customers security and meeting the auditors requirements on the one hand and increasing organizational efficiency and customer r elationson the other hand (Vijayan, Hardy, 2015). To mitigate the security risks as a result of a BYOD strategy, Aztek can specifically assign authorized devices to a regulated number of reliableemployees. By controlling the specific business and employees, Aztek can ensure security and efficiency of its financial services. With the continuously growing number of mobile devices, it is important for financial institutions to implement BYOD policies that are complementary to the organizations. This is particularly crucial for financial institutions in the modern age. A survey by IDC revealed that a huge number of financial institutionsare exposed to risk related to employees personal devices (Burt, 2014). The institutions do not have relevant strategies and policies to govern the use of mobile devices, applications, and mobile security concerns for their employees. In order to address the security concern, Aztek must first evaluate the impact of a BYOD strategy on the organizational goal of wealth maximization. The organization should then formulate efficient methods to govern employees personal device use, authorized data and content, applications compliance, privacy, and general security. In addition to enforcing these policies, Aztek may consider seeking the professional servicesof solution providers such as ATT and the likes. These solution providers are specialized in providing BYOD solution, formulation of policies, risk assessment, and control measures to assist in the management of the policies. It is important to realize that technological evolution is inevitable(Guan, 2012). Aztek should, therefore, strive to leverage the advances in technology to its own benefit.This can be achieved by carefully planning a BYOD strategy under the current of future advances in devices, mobile networking, and application management. The need for the management team to implement a robust BYOD strategy is further emphasized by the financial data risks faced by Aztek. Although BYOD presents many opportunities and benefits to an Aztek, it also exposes the organization to various security threats and risk as outlined above. Studies have shown that most breaches on the securityframework of organizations are adirect result of using personal devices to access the organizations sensitive data(Keyes, 2013). Therefore, Aztek must enforce appropriate measures to maintain integrity and confidentiality,ensure compliance by the employees, manage the security risk, and preserve the availability of sensitive data in a secure manner. Some information when placedin the wrong hands may cause substantial damage to the organizations, clients image, operational complications, and even financial loss. Risk Assessment Aztek faces various vulnerabilities, threats, and consequences of a BYOD strategy. This report will analyze the risks based on the devices selected for the BYOD strategy, potential malicious programs or applications, insecure user engagement, unauthorized access, sensitive data exposure, loss of BYOD devices, and the loss of informational integrity. Devices selected The first thing for Aztek to consider in the risk assessment are the personal devices that the organization will authorize to access Azteks sensitive information (Suby, 2013). This assessment will include the device manufacturers, operating system platforms, and security features in the respective devices. Azteks assessment team must also determine the security threats imposed by each of these devices. Information on the merits and demerits of all authorized devices should be availed to the employees along with strategies to cope with any security issues that may arise as a result of the devices (Watkins, 2014). Malicious Programs There are a wide variety of malicious applications designed to steal, modify, or sniff sensitive information. As users interact with their devices, they often tend to customize the devices or access the internet for work-related and personal use. This exposes their devices to an attack by malicious programs that may access the sensitive operations information in those devices (Chin et al., 2011). A risk assessment is, therefore, necessary to determine possible infection avenues and ways of tackling the risk. Aztek may consider limiting application downloads to only trusted and authorized markets, ensure installation of malware prevention programs, and sensitive the users on the security threats, mitigation procedures and ways to avoid infection (Felt et al., 2011). User Engagement Risk arises based on the operational behavior of employees as they interact with their personaldevices (Mansfield-Devine, 2012). Insecure behavior may expose the devices to malware attacks or inadvertent leakage of sensitive information (Ballagas et al., 2004). Aztek is especially vulnerable due to the sensitivity of the financial services it offers. This risk assessment aims to determine the employees level of competency in handling sensitive organizational data from their personal devices. Unauthorized Access BYOD poses a major threat to Azteks information as a result of unauthorized access. Unlike organizational devices which are safely protected and managed by Azteks security team, the security of personal devices, especially outside the office, is solelyto the user (Keyes, 2013). This poses the risk that an unauthorized third party may obtain access to the devices and Azteks sensitive data. Employees must be sensitized on security measure to prevent unauthorized access. Sensitive Data Exposure Under a BYOD strategy, employees can access and distributeAzteks information from multi-points and in different locations. This exposes the information of this financial institution to manipulation and unauthorized use. The variety of devices also complicates the process of controlling data access and applying security measure to monitor the access, use, and distribution of Azteks sensitive information. Loss of Devices It is easy for employees to lose devices containing sensitive information. The devices might contain financial information, private documents,sensitive emails among others. Such information when used maliciously may damage Aztek reputation and its clients. Sincea misplaced device exposes Aztek to various critical risks, appropriate measures to manage the vulnerability should be put in place. Aztek may introduce tools to manage all personal devices remotely (Oppliger, 2011). With these tools, the IT team should have the relevant access to remotely lock lost devices or even wipe them clean if the need arises. Informational Integrity A defining characteristic of any BYOD strategy is the seamless integration of work and personal environments (Song, 2014). As the users interact with their personal devices on both environments, they expose Aztek to the loss of data integrity. A user may alter crucial information by mistake while interacting with the devices for personal use. It is therefore important for Azteks management and ICT team to provide security measures to avoid accidental alteration of Azteks information. Data Flow and Security The final part of this report analyzes the data flow and security risk of implementing a BYOD strategy.BYOB poses a privacy concern to Aztek. While in the process of obtaining work-related information from a personal device, its likely that the organization may accidentallyobtainthe users personal information (Garba et al., 2015).The Australian government has set out rules and regulations governing how organizations can store their clients sensitive information such as bank account details, social security numbers, drivers license among others (Downer Bhattacharya, 2015). Aztek must, therefore, determine how these regulations affect their BYOD strategy. The organization must determine the legally authorized information that its employees can store on their personal devices. Employees must likewise be sensitized on the governing laws and prohibited by way of a written agreement from storing such information.There also exists laws that require financial institutions to securely destro y or encrypt sensitive information regarding their customers such as financial reports or medical records (Moyer, 2013). In conclusion, a Bring-Your-Own-Device (BYOD) strategy bring various benefits and opportunities that will help Aztek achieve its organizational goal. The opportunity, however,presents the organization with various security and privacy risk. The Aztek must ensure compliance with all relevant laws regulating the financial services sector.The evolution of technology has facilitated a trend whereby privacy legislationisbeing developed and enforced continuously (French, Guo Shim, 2014). Aztek must be alert to amendments and new laws as we implement the BYOD strategy. References Ballagas, R., Rohs, M., Sheridan, J. G., Borchers, J. (2004, September). Byod: Bring your own device. InProceedings of the Workshop on Ubiquitous Display Environments, Ubicomp(Vol. 2004). Burt, J. (2011). BYOD trend pressures corporate networks.eweek,28(14), 30-31. Chin, E., Felt, A. P., Greenwood, K., Wagner, D. (2011, June). Analyzing inter-application communication in Android. InProceedings of the 9th international conference on Mobile systems, applications, and services(pp. 239-252). ACM. Downer, K., Bhattacharya, M. (2015, December). BYOD security: A new business management challenge. InSmart City/SocialCom/SustainCom (SmartCity), 2015 IEEE International Conference on(pp. 1128-1133). IEEE. Felt, A. P., Chin, E., Hanna, S., Song, D., Wagner, D. (2011, October). Android permissions demystified. InProceedings of the 18th ACM conference on Computer and communications security(pp. 627-638). ACM. French, A. M., Guo, C., Shim, J. P. (2014). Current Status, Issues, and Future of Bring Your Own Device (BYOD).CAIS,35, 10. Garba, A. B., Armarego, J., Murray, D., Kenworthy, W. (2015). Review of the information security and privacy challenges in Bring Your Own Device (BYOD) environments.Journal of Information privacy and security,11(1), 38-54. Ghosh, A., Gajar, P. K., Rai, S. (2013). Bring your own device (BYOD): Security risks and mitigating strategies.Journal of Global Research in Computer Science,4(4), 62-70. Guan, L. (2012). Established BYOD management policies needed.Government News,32(2), 9. Gustav, A., Kabanda, S. (2016). BYOD adoption concerns in the South African financial institution sector. InCONF-IRM(p. 59). French, A. M., Guo, C., Shim, J. P. (2014). Current Status, Issues, and Future of Bring Your Own Device (BYOD).CAIS,35, 10. Keyes, J. (2013).Bring your own devices (BYOD) survival guide. CRC press. Lebek, B., Degirmenci, K., Breitner, M. H. (2013). Investigating the influence of security, privacy, and legal concerns on employees' intention to use BYOD mobile devices. Mansfield-Devine, S. (2012). Interview: BYOD and the enterprise network.Computer fraud security,2012(4), 14-17. Miller, K. W., Voas, J., Hurlburt, G. F. (2012). BYOD: Security and privacy considerations.It Professional,14(5), 53-55. Mitrovic, Z., Veljkovic, I., Whyte, G., Thompson, K. (2014, November). Introducing BYOD in an organisation: the risk and customer services view points. InThe 1st Namibia Customer Service Awards Conference(pp. 1-26). Morrow, B. (2012). BYOD security challenges: control and protect your most sensitive data.Network Security,2012(12), 5-8. Moyer, J. E. (2013). Managing mobile devices in hospitals: A literature review of BYOD policies and usage.Journal of Hospital Librarianship,13(3), 197-208. Oppliger, R. (2011). Security and privacy in an online world.Computer,44(9), 21-22. Pillay, A., Diaki, H., Nham, E., Senanayake, S., Tan, G., Deshpande, S. (2013). Does BYOD increase risks or drive benefits.Melbourne, The University of Melbourne. Scarfo, A. (2012, November). New security perspectives around BYOD. InBroadband, Wireless Computing, Communication and Applications (BWCCA), 2012 Seventh International Conference on(pp. 446-451). IEEE. Shim, J. P., Mittleman, D., Welke, R., French, A. M., Guo, J. C. (2013). Bring your own device (BYOD): Current status, issues, and future directions. Song, Y. (2014). Bring Your Own Device (BYOD) for seamless science inquiry in a primary school.Computers Education,74, 50-60. Suby, M. (2013). The 2013 (ISC) 2 Global Information Security Workforce Study.Frost Sullivan in partnership with Booz Allen Hamilton for ISC2. Thomson, G. (2012). BYOD: enabling the chaos.Network Security,2012(2), 5-8. Vijayan, J., Hardy, G. M. (2015). Security Spending and Preparedness in the Financial Sector: A SANS Survey. Watkins, B. (2014). The impact of cyber attacks on the private sector.Briefing Paper, Association for International Affair, 12. Wiech, D. (2013). The benefits and risks of BYOD.Manufacturing Business Technology. Zahadat, N., Blessner, P., Blackburn, T., Olson, B. A. (2015). BYOD security engineering: A framework and its analysis.Computers Security,55, 81-99.
Thursday, November 28, 2019
Sunday, November 24, 2019
Amputations During the Civil War
Amputations During the Civil War Amputations became widespread during the Civil Warà and the removal of a limb was the most common surgical procedure in battlefield hospitals. Its often assumed that amputations were performed so oftenà because surgeons at the time were unskilled and simply resorted to procedures bordering on butchery. Yet most Civil War surgeons were fairly well-trained, and the medical books of the era detail precisely how amputations could be performed and when it was appropriate. So its not as if the surgeons were removing limbs out of ignorance. Surgeons had to resort to such a drastic measure because a new type of bullet came into widespread use in the war. In many cases, the only way to try to save a wounded soldiers life was to amputate a shattered limb. The poet Walt Whitman, who had been working as a journalist in New York City, traveled from his home in Brooklyn to the battlefront in Virginia in December 1862, following the Battle of Fredericksburg. He was shocked by a gruesome sight he recorded in his diary: ââ¬Å"Spent a good part of the day in a large brick mansion on the banks of the Rappahannock, used as a hospital since the battle ââ¬â seems to have received only the worst cases. Outdoors, at the foot of a tree, I notice a heap of amputated feet, legs, arms, hands, c., a full load for a one-horse cart.â⬠What Whitman saw in Virginia was a common sight at Civil War hospitals. If a soldier had been struck in the arm or leg, the bullet tended to shatter the bone, creating horrendous wounds. The wounds were certain to become infected, and often the only way to save the patients life was to amputate the limb. Destructive New Technology: The Minià © Ball In the 1840s an officer in the French Army, Claude-Etienne Minià ©, invented a new bullet. It was different than the traditional round musket ball as it had a conical shape. Minià ©Ã¢â¬â¢s new bullet had a hollow base at the bottom, which would be forced to expand by gases released by the igniting gunpowder when the rifle was fired. While expanding, the lead bullet fit snugly into the rifled grooves in the gunââ¬â¢s barrel, and would thus be much more accurate than earlier musket balls. The bullet would be rotating when it came from the barrel of the rifle, and the spinning action gave it increased accuracy. The new bullet, which was commonly called the Minià © ball by the time of the Civil War, was extremely destructive. The version which was commonly used throughout the Civil War was cast in lead and was .58 caliber, which was larger than most bullets used today. The Minià © Ball Was Feared When the Minià © ball struck a human body, it did enormous damage. Doctors treating wounded soldiers were often perplexed by the damage caused. A medical textbook published a decade after the Civil War, A System of Surgery by William Todd Helmuth, went into considerable detail describing the effects of Minià © balls: The effects are truly terrible; bones are ground almost to powder, muscles, ligaments, and tendons torn away, and the parts otherwise so mutilated, that loss of life, certainly of limb, is almost an inevitable consequence. None but those who have had occasion to witness the effects produced upon the body by these missiles, projected from the appropriate gun, can have any idea of the horrible laceration that ensues. The wound is often from four to eight times as large as the diameter of the base of the ball, and the laceration so terrible that mortification [gangrene] almost inevitably results. Civil War Surgery Was Performed Under Crude Conditions Civil War amputations were performed with medical knives and saws, on operating tables which were often simply wooden planks or doors which had been taken off their hinges. And while the operations may seem crude by todayââ¬â¢s standards, the surgeons tended to follow accepted procedures spelled out in the medical textbooks of the day. Surgeons generally used anesthesia, which would be applied by holding a sponge soaked in chloroform over the patientââ¬â¢s face. Many soldiers who underwent amputations did eventually die due to infections. Doctors at the time had little understanding of bacteria and how it is transmitted. The same surgical tools might be used on many patients without being cleaned. And the improvised hospitals were commonly set up in barns or stables. There are numerous stories of wounded Civil War soldiers begging doctors not to amputate arms or legs. As doctors had a reputation for being quick to resort to amputation, soldiers often referred to the Army surgeons as butchers. In fairness to the doctors, when they were dealing with dozens or even hundreds of patients, and when faced with the gruesome damage of the Minià © ball, amputation often seemed like the only practical option.
Thursday, November 21, 2019
Discuss the view presented by Nasim and Sushil (2011) that managing Essay - 1
Discuss the view presented by Nasim and Sushil (2011) that managing change invariably involves managing paradoxes and in partic - Essay Example However, the most critical aspect of the adoption of such change is its management. The management of change in organizational culture poses multiple challenges for any organization. There are various scholars who have embarked on describing different concepts related to organizational culture. Sushil and Nasim highlighted that managing organizational culture involves the management of paradoxes, and more specifically the paradox of continuity and change. This paper will develop a critical argument from the idea posited by these two scholars. It has become evident that change is inevitable. Organizations face the urgency of adopting change, although the course of change presents new complexities. Apparently, only a third of all ventures aimed at fostering change are likely to succeed. The failure of two thirds of all projects seeking to foster change emphasizes the urgency of new strategies for managing change. However, different scholars have posited opinions on whether managing cha nge is a possibility (Collin, 2004:560). One school of thought opines that through management, it is possible to exert a form of control on organizational culture. A different group of scholars has highlighted that organizational culture change can only occur under certain conditions that act as preconditions for the change. The third school of thought is pessimistic concerning the potential of controlling cultural change through management. For these scholars, managing cultural change in an organization is an unlikely venture. Nasim and Sushil (2011:186) highlighted the numerous paradoxes that have been used by different scholars to describe organizational change. The term paradoxes in this context denote the contradictions surrounding organizational change. One of the described paradoxes is the arising debate on whether cultural change in an organization takes place in an orderly preplanned manner or just emerges depending on the prevailing environmental conditions. The planned vi ew of cultural change introduces the ideology that cultural change occurs in episodes that involve a shift from a fixed state to the next. However, this ideology has received a challenge from the perceived dynamism of change as defined by prevailing conditions. Other scholars view change as an incremental process that takes place under the orchestration of the executives in an organization. On the other hand, other scholars describe cultural change as a radical event (Currie and Brown, 2003:572). An additional paradox revolves around the focus of cultural change. Whereas some theorists view cultural change as a narrowed focus either on the context or process, there is the argument that cultural change occurs in a holistic approach that views all aspects comprehensively. In addition, there is a prevalent ideology that organizational culture change takes place on a macro scale. However, a counter opinion highlights that the organizational change occurs on a micro scale, which highligh ts a focus on individual perceptions. There is a surging debate on whether organizations should adopt an epistemological approach in reorganizing the management practices or whether they should shift focus to exploitation and exploration (Nasim, and Sushil, 2011:188). Beer and Nohria described the contradictions between the theoretical archetypes E and A that seek to explore the reasons behind organizational ch
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