...Have you ever wondered why African Americans are much more likely to be incarcerated? Be killed by the police? Live an impoverished life? Live a shorter life than their white counterparts? Have a lower IQ than other races? Some may attribute these disadvantages to the injustices of the past. It can be argued that the effects of the transatlantic slave trade continue to reverberate today. Does the United States owe African Americans reparations for the injustices of the past, and the aforementioned disadvantages they experience today? Yes. There is no doubt in my mind that the United States owe a form of reparations to African Americans. But why do they deserve it?History does not erase itself with each passing generation, so the fact stands...
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...Formalities – Perfect/Imperfect Trust Introduction The question in this case refers to the creation of a trust, i.e. the formalities that are required. In the case of Serena, she has created a trust that holds the property in trust for Alice for life and then the remainder goes to Alice’s children. On the death of Serena, there is a valid will where Alice gets all of the property and there is no interest for Alice’s children. Therefore, the following advice is going to identify a trust is in place, which will ensure that the property transfers to the children. The Creation of a trust The case of Milroy v Lord identifies a perfect trust, which includes; 1) a deed of the trust; and 2) transfer of the property following all formalities . Therefore, in the case of the trust created by Serena, both the property “Hillside” and the Jane Austin books have the capability of being part of a perfect trust. However, in the case of the land there are additional formalities, which will be discussed later. At this point there is a perfect trust that related to the books, because this is a case of a perfect trust, because there is both declaration and transfer of the books to the trustees . The share certificate and cheque are not in the deed documents, but have been transferred to the trustee with the declaration “to be added to the trust”. This is not a full deed, but applying the case of Milroy v Lord it is a declaration plus transfer of the property, which means that it has a capability...
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...------------------------------------------------- INTRODUCTION This case weaves leadership and organizational culture principles into the strategic fabric of a modern firm competing in a global, competitive, high tech industry. The achievements of Atul Jain, founder, CEO, and Chairman of TEOCO, are extraordinary given his limited business expertise, compliant personality, and unconventional belief system – all which he has parlayed into a competitive advantage for the his mid-sized telecommunications software company. The introduction of the case places TEOCO at a major juncture, having recently completed an acquisition which doubles the size of the company and committed to a new ownership structure with a venture capital company’s minority equity investment. Reasons behind the unlikely partnership agreement are discussed before delving into TEOCO’s background and core product categories. The industry landscape and company’s growth strategies are described next. This leads into an explanation of the TTI acquisition, which seriously tests the strength of Atul’s proven business approach. Finally, the case depicts how the shared leadership, employee ownership, and human resource practices at TEOCO are the foundation of the competitive advantage created by Atul. As the company enters a new era, the shaping of its future is already underway. The case analysis is intended to anticipate the likely impact of the TTI acquisition and TA alliance on the strategic elements that have led to TEOCO’s...
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...Module 3 – Priorities Learning resources Prescribed reading Radan & Stewart, chapter 7 Further reading Radan, Stewart & Vickovich, chapter 7, Essential cases Latec Investments Ltd v Hotel Terrigal Pty Ltd (1965) 113 CLR 265 Heid v Reliance Finance Corp Pty Ltd (1983) 154 CLR 326 Moffett v Dillon [1992] 2 VR 480 What is priority? Where two or more parties have valid but competing interests in the same property, the dispute is a priority dispute. Different rules apply to resolve priority disputes depending upon the nature of each party’s proprietary interests in the property. Factors relevant to the resolution of these disputes include: * which of the competing rights arose first in time; * whether the holder of the rights arising later in time was aware of any prior interests; * the conduct of the holder of the earlier interest. The rules for determining priority of interests should be studied in conjunction with Module 2 in this course and should also be considered in relation to competing assignments of equitable interests in the course on Trusts. The priority rules Competing legal interests The general rule for determining priority between competing legal interests is that priority is given to the one created first in time. Competing priority of company charges is determined by the Corporations Act 2001 (Cth). Competing equitable interests The general rule Where the competing interests are equitable, the general rule is that if the...
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...Q&A Introduction CASE = AMAZON.COM IN YEAR 2000 Version: 4/12/10 This case analyzes Amazon’s growth strategies up to June 2000, and critiques Lehman Brothers’ credit analyst Ravi Suria’s report of that month. Suria report was one of the first to be publicly critical of the cash flow prospects Amazon and the dot com sector in general. He did this because he was a credit analyst and Amazon was rare among dot coms to have a lot of debt. The case provides a variety of learning opportunities: (1) an evaluation of a company’s strategy and performance from a credit analysis perspective; (2) an appreciation of the potential value of contrarian thinking in fundamental analysis; and (3) the analysis of the type of strategies and market conditions that fueled the dot com bubble. Q1. 1.1 Regarding the long-term viability of Amazon's business per the case: What was Amazon’s original business model? (2 pts) I shall define a for-profit firm’s business model as the set of plans and strategies for the future that the firm has in place for earning at least normal profitability in the long run. Viewed through the lens of a statement of cash flows, a business model requires: Plans for financing; strategies for converting the cash raised by financing into investments of tangible and/or intangible assets; and strategies for generating abnormal profits from those assets through operations. Note that in their investing and operating activities, firms are less likely to be price takers...
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...Name: Hassan Othman Kitine ID: 1000044793 Course code: PHL 105Y Teacher: Jacqueline Brunning TA: Agnes Bolinska A mystical experience is one which is outside the realm of our normal consciousness. The point of Stacey’s article is that Mysticism does indeed exist. Stacie is trying to prove that the existence of mysticism cannot be denied and that it is not just some worthless delusion. He states that human beings cannot deny the existence of mysticism because it is beyond the confines of human understanding. One of the main concepts is that Mysticism is Independent of all our senses such as our physical senses of hearing, seeing or smelling. It also excludes any concepts or thoughts. Therefore whatever seems to deviate from our normal way of perceiving things such as having precognitions and visions are indeed not mystical occurrences because they still involve the senses. A man may claim to have a precognition of a neighbour’s death but he still pictured in his mind the image of a coffin and therefore this is not a mystical occurrence. Stacey advances several concepts to try and convince us that mysticism exist. One of his underlying arguments is that even though mystical experiences have different interpretations in different parts of the world, they have common characteristics which are agreed upon by those who practice it. One of the most important of these central characteristics is the existence of an ultimate unity...
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...backpackers alike seek to discover destinations ancient and historical, where the memories of decades, centuries, and millennia fill the air with tales of life, love and war gone by. Finding these physical testaments to human endurance though, is not the tough part. Tuning in to the echoes of the past radiating around them seems to take a certain mindset. For travellers to Southeast Asia especially, true exploration, intended or accidental, becomes internal and personal. Confronted by the serenity depicted in the giant faces of the Bayon Temple in Siem Reap, one can only imagine the peace that existed in the hearts of the people for whom this was once their entire world. The visual craftsmanship is a mere representation, a façade, but the meaning behind it speaks to the soul. At Ta Phrom, nature itself has twisted that past, dramatically and violently tearing apart the foundations of a civilization as giant trees engulf the monuments. hese relics are a reminder that the moments in life when all seems serene – personally, professionally, and existentially – are brief and fleeting. Change, drama, and fresh challenges are the constant. Few monuments, few civilizations, and few tales of romance withstand that test of time. But when they do, their continued existence reminds us how important it is sometimes to recognize that while change can range from refreshing, to inspirational, to frightening, that the value is in the experience. It all makes the foundation stronger. After all...
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...Gregory Rodriguez Answer the JHW questions due today and also complete the following: What happens when a prisoner is released from the den and “compelled to look straight at the light?” What does the prisoner see when he is returns to the cave? What does he then feel about reality? What happens when a prisoner is released from the den and “compelled to look straight at the light?” What does the prisoner see when he returns to the cave? What does he then feel about reality? When the prisoner leaves the cave and looks straight into the light, he is left blind by the extreme brightness of it. However, after a while, he gets accustomed to the light, and he realizes that the world of shadows in which he had lived his whole life was a mere imitation of reality. Consequently, when he returned to the cave, he has not used to the darkness anymore and his peers...
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...Section 23 of the Hindu Succession Act: Before and After The Hindu Succession Act came into force on 17th June, 1956, with the basic objective of providing a comprehensive scheme of intestate succession for Hindus. The Hindu Succession Act 1956 was amended in 2005. The amendments were made to make the Hindu Succession Act more empowering to women by altering, deleting and adding certain sections. The Hindu Succession (Amendment) Act, 2005 sought to make two major amendments in the Hindu Succession Act, 1956. First, it is proposed to remove the gender discrimination in section 6 of the original Act. Second, it proposed to omit section 23 of the original Act, which disentitles a female heir to ask for partition in respect of a dwelling house, wholly occupied by a joint family, until the male heirs choose to divide their respective shares therein. This paper focuses on the rights of women regarding section 23 of the Hindu Succession Act, 1956 and its effects after it got deleted in 2005. Hindu Succession Act, 1956: Before the amendment The framers of the Indian Constitution took note of the adverse condition of women in society and a number of provisions and safeguards were included in the Constitution to ward off gender inequality. In this context, Articles 14, 15(3) and 16 of the Constitution can be mentioned. After the advent of the Constitution, the first law made at the central level pertaining to property and inheritance concerning Hindus was the Hindu Succession Act...
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...Introduction ‘Quis custodiet ipsos custodes?’- The Satires of Juvenal Over the years, the New South Wales police have received expanded powers through a raft of legislative amendments. It is evident that in dealing with any given circumstance that arises during the execution of their duties, officers may rely on both the common law and statutory powers to give effect to powers such as a warrantless arrest. In context of this power, the common law concept of the breach of peace deserves particular attention due to the dangers of misuse or abuse in its interpretation by the police. This paper will discuss how the common law and the Law Enforcement (Powers and Responsibilities) Act (2002) (LEPRA) give lawful effect to arrest and other various powers against offences connected to a breach of the peace. Finally, it will assess whether there is any practical desirability and utility of codifying such a power. This will be achieved by critically evaluating whether the current state of the law with respect to police discretionary powers effectively prescribes a balance between the law enforcement culture and the continuing maintenance of civil rights and liberties. In doing so, it will conclude by examining the consequences and implications of codification. Development of ‘breach of the peace’ The breach of the peace is one of the earliest offences in common law whose provenance can be found through English law in the sanctity of the home unit where ‘every man was entitled to peace...
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...Is CEO Power Bad? E. Han Kim and Yao Lu1 Abstract Recent evidence suggests that CEO power reduces shareholder value and the efficacy of incentive pay systems. To better understand how the power affects firm governance and performance, we decompose CEO power into three dimensions--structural, ability based, and ownership related. While structural power is indeed harmful--it is associated with higher managerial entrenchment, lower pay for performance sensitivity (PPS), and weaker firm performance--its impact on firm performance is benign when CEO power is restrained by strong external governance mechanisms. Concentration of ability based power in CEO appears to enhance firm performance, but only when external governance is strong. CEO share ownership (as independent variable) shows a U-shaped relation with entrenchment, and -shaped relations with PPS and performance. These results imply that ownership power arising at a high level of share ownership negates the beneficial effects of aligning CEO-shareholder interests through cash flow rights. November 10, 2008 JEL classification: G30, G34, J 33, L25, M52,G32, Keywords: CEO power, managerial entrenchment, Pay for Performance Sensitivity, Firm performance, Share ownership, CEO Centrality 1 Both are at Ross School of Business, University of Michigan, Ann Arbor, Michigan 48109. Email: ehkim@umich.edu and yaolu@umich.edu. We have benefitted from helpful comments and suggestions from Sugato Bhattacharyya, Amy Dittmar, Luo...
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...1 DU MÊME AUTEUR Aux éditions Julliard Les agneaux du seigneur, 1988 (Pocket, 1999) À quoi rêvent les loups, 1999 (Pocket, 2000) L’écrivain, 2001 (Pocket, 2003) L’imposture des mots, 2002 (Pocket, 2004) Les hirondelles de Kaboul, 2002 (Pocket, 2004) Cousine K, 2003 (Pocket, 2005) La part du mort, 2004 (Folio, 2005) L’attentat, 2005 (Pocket, 2006) Les sirènes de Bagdad, 2006 (Pocket, 2007) Chez Folio Morituri Double Blanc L’automne de chimères Chez Après la lune La rose de Blida 2 Page Titre YASMINA KHADRA CE QUE LE JOUR DOIT À LA NUIT roman Julliard 24, avenue Marceau 75008 Paris © Éditions Julliard, Pans, 2008 ISBN 978-2-260-01758-5 3 « À Oran comme ailleurs, faute de temps et de réflexion, on est bien obligé de s’aimer sans le savoir. » Albert Camus, La Peste. « J’aime l’Algérie, car je l’ai bien ressentie. » Gabriel García Márquez 4 I. Jenane Jato 5 1 Mon père était heureux. Je ne l’en croyais pas capable. Par moments, sa mine délivrée de ses angoisses me troublait. Accroupi sur un amas de pierraille, les bras autour des genoux, il regardait la brise enlacer la sveltesse des chaumes, se coucher dessus, y fourrager avec fébrilité. Les champs de blé ondoyaient comme la crinière de milliers de chevaux galopant à travers la plaine. C’était une vision identique à celle qu’offre la mer quand la houle l’engrosse. Et mon père souriait. Je ne me souviens pas de l’avoir vu sourire ; il n’était pas dans ses habitudes de laisser transparaître sa satisfaction – en avait-il...
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...1. Introduction: The recruitment and selection processes of an organization are two of its most important HR planning activities. The basic purpose of recruiting is to ensure a sufficient pool of applicants from which the most qualified individuals may be selected. Effective recruiting is important because sufficient number of qualified applicants is needed to ensure that selection can be successfully accomplished. 1.1 Origin of the Report: This report is a requirement of the internship program which is an important part of the MBA degree requirement. As the supervisor has advised me to develop a thorough understanding of the recruitment and selection processes of Prime Bank Limited (PBL), this report will be prepared on those aspects of the HR practices of PBL. 1.2 Objectives of the Study: The objectives of this study will be: * To evaluate the current recruitment and selection policy and process of Prime Bank Limited. * To find out the weaknesses of the current policy. * To suggest improvements to the policy. 1.3 Methodology: In the preparation of this report, data has been collected from both primary and secondary sources. In-depth interviews of some of the employees of the HR Division of Prime Bank Limited have been conducted to gather necessary information. Also, the Recruitment and Selection Policy of PBL has been consulted in preparing this report. Moreover, text books, the internet, the annual report of Prime Bank Limited etc. have been used to collect...
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...THE ACCIDENTAL INVESTMENT BANKER This page intentionally left blank THE ACCIDENTAL INVESTMENT BANKER · Inside the Decade That Transformed Wall Street · JONATHAN A. KNEE 1 2006 1 Oxford University Press, Inc., publishes works that further Oxford University’s objective of excellence in research, scholarship, and education. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offices in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Copyright © 2006 by Jonathan A. Knee Published by Oxford University Press, Inc. 198 Madison Avenue, New York, NY 10016 www.oup.com Oxford is a registered trademark of Oxford University Press All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press. Library of Congress Cataloging-in-Publication Data is available ISBN-13: 978-0-19-530792-4 ISBN-10: 0-19-530792-5 1 3 5 7 9 8 6 4 2 Printed in the United States of America on acid-free paper For Chaille Bianca and Vivienne Lael and William Grant who says he wants to be an investment banker ACKNOWLEDGEMENTS As a f i r s t - t i m e au t h o r ...
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...“Clear thinking requires peace of mind rather than intelligence.” ~Meredith Forder … When it comes to making the right choices in life, mere intelligence will not guarantee the best result. This fact is exemplified by the problems of obesity, anxiety, stress, addictions and depression among highly intelligent people. At Clear Thinking we believe that many of life’s problems can be solved by simply learning how to think clearly—how to keep your mind calm, focused and within your control. Critical thinking...the awakening of the intellect to the study of itself. Critical thinking is a rich concept that has been developing throughout the past 2500 years. The term "critical thinking" has its roots in the mid-late 20th century. We offer here overlapping definitions, together which form a substantive, transdisciplinary conception of critical thinking. Critical Thinking as Defined by the National Council for Excellence in Critical Thinking, 1987 A statement by Michael Scriven & Richard Paul, presented at the 8th Annual International Conference on Critical Thinking and Education Reform, Summer 1987. Critical thinking is the intellectually disciplined process of actively and skillfully conceptualizing, applying, analyzing, synthesizing, and/or evaluating information gathered from, or generated by, observation, experience, reflection, reasoning, or communication, as a guide to belief and action. In its exemplary form, it is based on universal intellectual values that...
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