Conflict Of Laws In The Banking Industry Essay Example | Topics and Well Written Essays - 1000 words

Conflict Of Laws In The Banking Industry - Essay Example Nevertheless, a severable part of the contract which has a closer connection with another country may by way of exception be governed by the law of that other country.† The second sentence on Article 4(1) would make the jurisdiction of the transaction highly debatable as the location of the collateral would make it closer to Ruritania thus the question of whether or not the laws which will govern the disposal thereof would fall under the â€Å"severable†. In some countries, foreign entities are not allowed to own properties within its jurisdiction, which would bring about a conflict of laws on properties. Note also that is Article 4(2) of EC Convention on the Law Applicable to Contractual Obligations it is provided that â€Å"Subject to the provisions of paragraph 5 of this Article, it shall be presumed that the contract is most closely connected with the country where the party who is to effect the performance which is characteristic of the contract has, at the time of conclusion of the contract, his habitual residence, or, in the case of a body corporate or unincorporated, its central administration. However, if the contract is entered into in the course of that party's trade or profession, that country shall be the country in which the principal place of business is situated or, where under the terms of the contract the performance is to be effected through a place of business other than the principal place of business, the country in which that other place of business is situated.† The interpretation of the law is clearly enunciated in the leading case of Sierra Leone Telecommunications Co. Ltd. v. Barclays Bank Plc (1998) where it reiterated the general rule established under the case of Libyan Arab Foreign Bank v Bankers Trust Co [1989] that â€Å"where there is no choice of venue for redress or no provisions as to which law would apply is laid in the case of that the contract between a bank and its customer is governed by the law of the place where the account is kept, in the absence of agreement to the contrary† was affirmed.

Civil Rights in America Essay Example for Free

Civil Rights in America Essay The Cornell University Law School defines a civil right as â€Å"an enforceable right or privilege, which if interfered with by another gives rise to an action for injury† (2008). An example of a civil right in the United States is the freedom of speech. It is safeguarded in the First Amendment of the Constitution because this right allows for the free flow of ideas among individuals, organizations and other entities even if these opinions are unconventional, contentious or downright distasteful (Wang, 2001). The clash of opposing ideas in society facilitates the process in which the truth will emerge. Suppressing thoughts that counter another thought will not bring about a well-rounded understanding of an issue at hand and will lead to insufficient knowledge on which the public will base their positions, decisions or actions. Only by trying and testing ideas through competition guaranteed by free speech can the public become objective. Further, the freedom of speech is also one of the ways in which persons express their individuality and pursue self-development (Wang, 2001). Another example of a civil right is the freedom from involuntary servitude. The Thirteenth Amendment ended the more than two centuries in which slavery, the classic form of involuntary servitude, existed in the United States (Missouri Bar, 2006). This granted every inhabitant of the country, no matter what the race or ethnicity, gender or personal beliefs, the security from this form of inhumanity. However, involuntary servitude has a wider meaning in that in not only encompasses slavery but also peonage. The Thirteenth Amendment also protects against voluntary or involuntary labor of a person as a form of debt payment or a means for the fulfillment of obligations (Missouri Bar, 2006). The right against involuntary servitude assures citizens of their dignity and freedom even in times of economic difficulties. This right specifically protects persons of the lower economic status from the exploitation of the more affluent.

Rani Shankar Essay examples -- Biology Essays Research Papers

Rani Shankar As much as I would have liked to continue my engaging research on Parkinson's Disease and Alzheimer's (issues I hold very dear to my heart), during my preliminary research for the third paper I felt drawn to another, equally interesting, topic. As finals rapidly approach and the idea of graduation becomes more real by day, this new topic seemed to have more personal significance to my life. And so I began research on this topic with purely selfish motivations- to better understand the phenomenon of stress. A relatively new concept involving brain and behavior, Hans Selye first proposed the idea of stress as a normal adaptive syndrome, a fight-or- flight situation, very similar to escape behavior (1). Stress is defined as "the set of all organic reactions to physical, psychic, infectious, or other, aggressions, which are capable to disturb homeostasis" (1). Stress lies at the intersection between personal, social, and economic factors and biology. Although stress is an important, integral part of our existence, there is a point at which it becomes overwhelming and our adaptive responses may break down (2). The breaking point varies from person to person, depending on past experiences, coping responses, and genetics (2). Clearly, socio-economics has a lot to do with the ability to cope with stress over time. We may know of some people that are inherently better able to deal with life's stressors. However, genetic bases for dealing and coping with stress are unknown at this time. Stress, usually used to describe a state of mind, illustrates the important connection between mind and body. Although stress is primarily a neuronal reaction, it's effects reach far past neurobiology. Stress is thought to adversely aff... ...y. Biology 202 1st Web Papers. 1998. Bonnie Kimmel. http://serendip.brynmawr.edu/bb/neuro/neuro98/202s98-paper3/serendip.brynmawr.edu 11. Panic Attacks and Panic Disorders. The Harvard Mental Health Letter. April (I). http://serendip.brynmawr.edu/bb/neuro/neuro98/202s98-paper3/www.mentalhealth.com/dis/p20-an06.html 12. Post-traumatic Stress Disorder. May 9, 1995. Stress Signs are Often Missed In Victims of Violent Crimes. http://serendip.brynmawr.edu/bb/neuro/neuro98/202s98-paper3/www.mentalhealth.com/dis/p20-an06.html 13. Post-Traumatic Stress Disorder. Body-Mind Queendom. http://serendip.brynmawr.edu/bb/neuro/neuro98/202s98-paper3/www.queendom.com/ptsd.html 14. Post-Traumatic Stress Disorder. The Harvard Mental Health Letter. June (part I), July 1996 (Part II). http://serendip.brynmawr.edu/bb/neuro/neuro98/202s98-paper3/www.mentalhealth.com Rani Shankar Essay examples -- Biology Essays Research Papers Rani Shankar As much as I would have liked to continue my engaging research on Parkinson's Disease and Alzheimer's (issues I hold very dear to my heart), during my preliminary research for the third paper I felt drawn to another, equally interesting, topic. As finals rapidly approach and the idea of graduation becomes more real by day, this new topic seemed to have more personal significance to my life. And so I began research on this topic with purely selfish motivations- to better understand the phenomenon of stress. A relatively new concept involving brain and behavior, Hans Selye first proposed the idea of stress as a normal adaptive syndrome, a fight-or- flight situation, very similar to escape behavior (1). Stress is defined as "the set of all organic reactions to physical, psychic, infectious, or other, aggressions, which are capable to disturb homeostasis" (1). Stress lies at the intersection between personal, social, and economic factors and biology. Although stress is an important, integral part of our existence, there is a point at which it becomes overwhelming and our adaptive responses may break down (2). The breaking point varies from person to person, depending on past experiences, coping responses, and genetics (2). Clearly, socio-economics has a lot to do with the ability to cope with stress over time. We may know of some people that are inherently better able to deal with life's stressors. However, genetic bases for dealing and coping with stress are unknown at this time. Stress, usually used to describe a state of mind, illustrates the important connection between mind and body. Although stress is primarily a neuronal reaction, it's effects reach far past neurobiology. Stress is thought to adversely aff... ...y. Biology 202 1st Web Papers. 1998. Bonnie Kimmel. http://serendip.brynmawr.edu/bb/neuro/neuro98/202s98-paper3/serendip.brynmawr.edu 11. Panic Attacks and Panic Disorders. The Harvard Mental Health Letter. April (I). http://serendip.brynmawr.edu/bb/neuro/neuro98/202s98-paper3/www.mentalhealth.com/dis/p20-an06.html 12. Post-traumatic Stress Disorder. May 9, 1995. Stress Signs are Often Missed In Victims of Violent Crimes. http://serendip.brynmawr.edu/bb/neuro/neuro98/202s98-paper3/www.mentalhealth.com/dis/p20-an06.html 13. Post-Traumatic Stress Disorder. Body-Mind Queendom. http://serendip.brynmawr.edu/bb/neuro/neuro98/202s98-paper3/www.queendom.com/ptsd.html 14. Post-Traumatic Stress Disorder. The Harvard Mental Health Letter. June (part I), July 1996 (Part II). http://serendip.brynmawr.edu/bb/neuro/neuro98/202s98-paper3/www.mentalhealth.com

Corporate governance

Corporate governance is concerned with holding the balance between economic and social goals and between individual and communal goals. The importance of corporate governance lies in its contribution both to business prosperity and to accountability. What is corruption? Corruption is wrong doing on the part of an authority and powerful party through eans that are illegitimate, immoral or incompatible with ethical standards.Corruption often from protonage and is associate with bribery Types of corruption The types of corruption are as follows: 1) 2) 3) 4) 5) 6) 7) in Bribery Theft and fraud Extortion Abuse of discretion Favouritism, nepotism and clientism Conduct creating or exploiting conflicting interest Improper political contribution. What is corporate governance? the I-JK Cadbury was the result of several high profile company collapses is Corporate Governance Week 2 Essay Questions (100 Points) 1. Do you feel the extent of shareholders’ participation in the election of directors is limited to the rubber-stamp process of affirmation? Explain the given statement. Actually, shareholders have limited power during the election process even though they are empowered by the statues to elect directors to oversee management. Even if the majority of shareholders oppose a corporate sponsored nominee, the person will still be elected as director.CEOs and the board had controlled the power to the nomination and election process until very recently. The independent directors in the nominating committee has provided some structure to the nomination and election process even though those directors still serve at the will of the CEOs and other executive directors. 2. Elaborate on the following statement: â€Å"In modern corporations, particularly in the era of technological advances, labor resources are becoming an important part of corporate gove rnance as capital resources. Employee participation is essential to corporate governance; it influences employee cooperation in the implementation of company decisions as well as the effectiveness of managerial control and authority. Employees of a firm have made firm-specific investments such as retirement funds and pension funds. Those investment are tied to the company’s stock, thus their incentives to participate in corporate governance are greater. Given more outside opportunities, employees with valuable human capital can easily leave the firm.One possible way is allowing employees to participate in corporate decision-making and to share in the corporate surplus through flexible wages, shared ownership and other mechanisms. As such, corporate government system should give adequate attention to employees if the firms are to survive in an increasingly competitive environment 3. Discuss shareholders’ participation in monitoring their companies’ affairs, decis ions, and corporate governance.Shareholders should be held accountable for monitoring the operations and management of the business with which they hold an investment. While keeping track of day-to-day processes can prove difficult, shareholders ranging from large institutional investors to small retail investors have an obligation to monitor the governance and performance as a result from management decisions. Shareholders should also try to understand the culture in order to have a better understanding of management’s governance and the risk controls that exist within.If shareholders grow displeased with the governance and management of the company, they can voice their displeasure by selling their shares. 4. Describe how shareholder proposals can influence corporate governance. Shareholder proposals can impact corporate governance if a structure is established where board members are required to consider each proposal. Usually, board members want to maintain maximum flexib ility and typically avoid these kind of constraints.However, the use of proxy voting has changed this a little bit. 5. Explain the advantages of employee participation in corporate governance. Employee participation in corporate governance is important as it provides an extra layer of checks and balances within the governance of a company which can lead to exposing misconduct or illegal actions. Also, allocating ownership of stock to employees, the interests of the employee and shareholder become aligned for the greater good and growth of the company. Corporate Governance Week 2 Essay Questions (100 Points) 1. Do you feel the extent of shareholders’ participation in the election of directors is limited to the rubber-stamp process of affirmation? Explain the given statement. Actually, shareholders have limited power during the election process even though they are empowered by the statues to elect directors to oversee management. Even if the majority of shareholders oppose a corporate sponsored nominee, the person will still be elected as director.CEOs and the board had controlled the power to the nomination and election process until very recently. The independent directors in the nominating committee has provided some structure to the nomination and election process even though those directors still serve at the will of the CEOs and other executive directors. 2. Elaborate on the following statement: â€Å"In modern corporations, particularly in the era of technological advances, labor resources are becoming an important part of corporate gove rnance as capital resources. Employee participation is essential to corporate governance; it influences employee cooperation in the implementation of company decisions as well as the effectiveness of managerial control and authority. Employees of a firm have made firm-specific investments such as retirement funds and pension funds. Those investment are tied to the company’s stock, thus their incentives to participate in corporate governance are greater. Given more outside opportunities, employees with valuable human capital can easily leave the firm.One possible way is allowing employees to participate in corporate decision-making and to share in the corporate surplus through flexible wages, shared ownership and other mechanisms. As such, corporate government system should give adequate attention to employees if the firms are to survive in an increasingly competitive environment 3. Discuss shareholders’ participation in monitoring their companies’ affairs, decis ions, and corporate governance.Shareholders should be held accountable for monitoring the operations and management of the business with which they hold an investment. While keeping track of day-to-day processes can prove difficult, shareholders ranging from large institutional investors to small retail investors have an obligation to monitor the governance and performance as a result from management decisions. Shareholders should also try to understand the culture in order to have a better understanding of management’s governance and the risk controls that exist within.If shareholders grow displeased with the governance and management of the company, they can voice their displeasure by selling their shares. 4. Describe how shareholder proposals can influence corporate governance. Shareholder proposals can impact corporate governance if a structure is established where board members are required to consider each proposal. Usually, board members want to maintain maximum flexib ility and typically avoid these kind of constraints.However, the use of proxy voting has changed this a little bit. 5. Explain the advantages of employee participation in corporate governance. Employee participation in corporate governance is important as it provides an extra layer of checks and balances within the governance of a company which can lead to exposing misconduct or illegal actions. Also, allocating ownership of stock to employees, the interests of the employee and shareholder become aligned for the greater good and growth of the company. Corporate Governance Week 2 Essay Questions (100 Points) 1. Do you feel the extent of shareholders’ participation in the election of directors is limited to the rubber-stamp process of affirmation? Explain the given statement. Actually, shareholders have limited power during the election process even though they are empowered by the statues to elect directors to oversee management. Even if the majority of shareholders oppose a corporate sponsored nominee, the person will still be elected as director.CEOs and the board had controlled the power to the nomination and election process until very recently. The independent directors in the nominating committee has provided some structure to the nomination and election process even though those directors still serve at the will of the CEOs and other executive directors. 2. Elaborate on the following statement: â€Å"In modern corporations, particularly in the era of technological advances, labor resources are becoming an important part of corporate gove rnance as capital resources. Employee participation is essential to corporate governance; it influences employee cooperation in the implementation of company decisions as well as the effectiveness of managerial control and authority. Employees of a firm have made firm-specific investments such as retirement funds and pension funds. Those investment are tied to the company’s stock, thus their incentives to participate in corporate governance are greater. Given more outside opportunities, employees with valuable human capital can easily leave the firm.One possible way is allowing employees to participate in corporate decision-making and to share in the corporate surplus through flexible wages, shared ownership and other mechanisms. As such, corporate government system should give adequate attention to employees if the firms are to survive in an increasingly competitive environment 3. Discuss shareholders’ participation in monitoring their companies’ affairs, decis ions, and corporate governance.Shareholders should be held accountable for monitoring the operations and management of the business with which they hold an investment. While keeping track of day-to-day processes can prove difficult, shareholders ranging from large institutional investors to small retail investors have an obligation to monitor the governance and performance as a result from management decisions. Shareholders should also try to understand the culture in order to have a better understanding of management’s governance and the risk controls that exist within.If shareholders grow displeased with the governance and management of the company, they can voice their displeasure by selling their shares. 4. Describe how shareholder proposals can influence corporate governance. Shareholder proposals can impact corporate governance if a structure is established where board members are required to consider each proposal. Usually, board members want to maintain maximum flexib ility and typically avoid these kind of constraints.However, the use of proxy voting has changed this a little bit. 5. Explain the advantages of employee participation in corporate governance. Employee participation in corporate governance is important as it provides an extra layer of checks and balances within the governance of a company which can lead to exposing misconduct or illegal actions. Also, allocating ownership of stock to employees, the interests of the employee and shareholder become aligned for the greater good and growth of the company.

Internet Mental Health Issues Essay

Mental health services conducted on the Internet have been described as e-therapy, online counseling, e -mail therapy, Internet-based therapy, and similar terminology. Online therapy services may be provided as an adjunct to more traditional forms of mental health treatment, or may be initiated without any offline contact between the therapist and client. Currently, there are a variety of websites providing links and information regarding online therapy. As I was reading about benefits and risks in using internet as a source for mental health services, I realized that there are a lot of factors that make it a controversial issue. There are many pro and con to its benefits. Some Pros are the convenience of a client, Flexibility in scheduling, Anonymous and private, Access to those with physical disabilities; emotionally safe environment on of my biggest issues is making use of the time-delay (email) to work on issues. Appeal to those who are shy, uncomfortable with face-to-face treatment and make them feel more those who are shy more comfortable. Some disadvantages are Privacy, security and privilege cannot be guaranteed, Lack of patient skills to use the Absence of face-to-face therapy relationship, Lack of behavioral cues may lead to problems in treatment and most importantly is Urgent, crises, or suicidal issues may not receive immediate and appropriate attention. I work in a Community clinic where we offer many treatments one of them is therapy also. As I came across this assignment I ask one of our doctors what they believed. One of the doctors sends in miner cases it could be useful as long as is a well program with credentials and the issues are not really serious. At this time we are transitioning from paper charts to computers so most of the time there sitting in front of the computer typing away while the patient is speaking. It made me realized that in a way internet and mental services are becoming more and more essential for each  other. When I was reading the website for American Psychological Association it provided me the ethics they have to fallow when they provide service public advice or comment via print, Internet or other electronic transmission, they take precautions to ensure that statements (1) are based on their professional knowledge, training or experience in accord with appropriate psychological literature and practice; (2) are otherwise consistent with this Ethics Code; and (3) do not indicate that a professional relationship has been established with the recipient. I believe in conclusion we could benefit from these services as long as we are really aware that they are legit and trustworthy. In my case I believe sometimes I could benefit from therapy but simply have no time. One of the reasons I choose online schooling. Definitely I would use these services and give it a try. There are programs offer here in California that can help you as a guide to search for help. The Board of Behavioral Sciences (BBS) would like to make the following recommendations to California consumers who choose to seek therapy or counseling over the Internet. Individuals, who provide psychotherapy or counseling, either in person, by telephone, or over the Internet, are required by law to be licensed. Licensing requirements vary by state. Individuals who provide psychotherapy or counseling to persons in California are required to be licensed in California. Such licensure permits the consumer to pursue recourse against the licensee should the consumer believe that the licensee engaged in unprofessional conduct. References 1. National Association of Social Workers â€Å"Code of Ethics â€Å"Retrieved From: https://www.socialworkers.org/pubs/code/default.asp 2. American Psychological Association â€Å"Ethical Principles of Psychologists and Code of Conduct â€Å"Retrieved From: http://www.apa.org/ethics/code/index.aspx# 3. The Branch Journal of Psychiatry Dr. John Powell â€Å"Internet information-seeking in mental health† Sept 2006 retrieved from: http://bjp.rcpsych.org/content/189/3/273.short 4. Department of Consumer Affairs Board of Behavioral Sciences â€Å"Consumer Information Regarding Online Psychotherapy† Retrieved From: http://www.bbs.ca.gov/consumer/consumer_psych_online.shtml

Homelessness In The United States

Homelessness In The United States Free Online Research Papers Just about everywhere you go to visit these days you will see a lot of homeless people. Usually they will not be a threat to you but sometimes they will harass people to get things from them that they want. Since this has been happening to a lot of people they are starting to get bad reputations. People will walk down the street and see others digging through trash or sleeping on park benches. When this happens they will usually start talking trash about them. The truth is that you can not judge people by what actions they need to take to survive in this world. No one knows what struggles they put up with everyday. Yes, it is true that some homeless people are just too lazy to try and get jobs. On the other hand some people have mental problems or health problems that restrict them from working. Some groups of people have come up with an idea to send them back to their families and have them stay there until they get back up on their feet. In a way this seems kind of pointless because if they wanted their families help then they most likely would of already moved back in with them to begin with. Some people will not go back home to their families because they want to prove that they can make it on their own even if they have to go through certain struggles. Police officers in some cities will crack down hard on the homeless people while others tend to look the other way. I think that if the police and other law makers in all cities work together to help we could have a chance at turning this unfortunate life style for people around. We don’t have to sit there and support them by giving them money for beer or other things they want but we could help find them jobs. Even if the jobs weren’t permanent just get them ones that will give them a type of income to slowly get back up on their feet. In conclusion, as long as we keep ignoring this situation or just waste time talking bad about these people nothing is going to change. Everyone needs to help by finding them options that they may be incapable of doing themselves. Maybe with a little patience and time we all can fight this horrible situation that no one deserves to be in. Research Papers on Homelessness In The United StatesThe Effects of Illegal ImmigrationNever Been Kicked Out of a Place This Nice19 Century Society: A Deeply Divided EraUnreasonable Searches and SeizuresCapital PunishmentPersonal Experience with Teen PregnancyTwilight of the UAWThe Hockey GameStandardized TestingPETSTEL analysis of India

The Life Of Charles Dickens Essays - Charles Dickens, Free Essays

The Life Of Charles Dickens Essays - Charles Dickens, Free Essays The Life of Charles Dickens INTRODUCTION This report will talk about the life of a famous author, Charles Dickens. It will tell you about his early, middle, and later years of his life. It will also talk about one of his great works of literature. In conclusion, this report will show a comparison of his work to his life. EARLY LIFE Charles Dickens was born at Landport, in Portsea, on February 7, 1812. His father was a clerk in the Navy Pay-Office, and was temporarily on duty in the neighborhood when Charles was born. His name was John Dickens. He spent time in prison for debts. But, even when he was free he lacked the money to support his family. Then, when Charles was two they moved to London. 1 Just before he started to toddle, he stepped into the glare of footlights. He never stepped out of it until he died. He was a good man, as men go in the bewildering world of ours, brave, transparent, tender-hearted, and honorable. Dickens was always a little too irritable because he was a little too happy. Like the over-wrought child in society, he was splendidly sociable, and in and yet sometimes quarrelsome. In all the practical relations of his life he was what the child is at a party, genuinely delighted, delightful, affectionate and happy, and in some strange way fundamentally sad and dangerously close to tears. 2 At the age of 12 Charles worked in a London factory pasting labels on bottles of shoe polish. He held the job only for a few months, but the misery of the experience remain with him all his life. 3 Dickens attended school off and on until he was 15, and then left for good. He enjoyed reading and was especially fond of adventure stories, fairy tales, and novels. He was influenced by such earlier English writers as William Shakespeare, Tobias Smollet, and Henry Fielding. However, most of the knowledge he later used as an author came from his environment around him. 4 MIDDLE LIFE Dickens became a newspaper writer and reporter in the late 1820's. He specialized in covering debates in Parliament, and also wrote feature articles. His work as a reporter sharpened his naturally keen ear for conversation and helped develop his skill in portraying his characters speach realistically. It also increased his ability to observe and to write swiftly and clearly. Dickens' first book, Sketches by Boz (1836) consisted of articles he wrote for the Monthly Magazine and the London Evening Chronicles.5 On April 2, 1836 he married Catherine Hogarth. This was just a few days before the anoucement that on the 31st he would have his first work printed in The Posthumous Papers of the Pickwick Club. And this was the beginning of his career. 6 Then, at 24, Dickens became famous and was so until he died. He won his first literary fame with The Posthumous Papers of the Pickwick Club. Published in monthly parts in 1836 and 1837 the book describes the humorous adventure and misadventures of the English Countryside. After a slow start, The Pickwick Papers as the book was usually called gained a popularity seldom matched in the history of literature. 7 Then in 1837, Catherine's sister Mary, died. Because of her death Dickens' suffered a lot of grief. This led some scholars to believe that Dickens loved Mary more than Catherine. Catherine was a good woman but she lacked intelligence. Dickens and Catherine had 10 children. Then later in 1858, the couple seperated. 8 LATER LIFE His later years was basically consisting of two main additions to his previous activites. The first was a series of public readings and lectures which he began giving it systematically. And second, he was a successive editor. Dickens had been many things in his life; he was a reporter , an actor, a conjurer, a poet, a lecturer, and a editor and he enjoyed all of those things. 9 Dickens had a remarkable mental and physical energy. He recorded all his activites in thousands of letter, many of which made delightful readings. He spent much of his later life with crowded social friends from arts and literature. He also went to the theater as often as he could,