American War Of Independence And The French Revolution Essay

Romanticism as a movement is as rebellious as its content. Lynch and Stillinger attempt to define it historically rather than continuously, naming it the â€Å"shortest †¦ period in British literary history† (3). They place it within the timespan of 1785 to 1832, beginning between the American War of Independence and the French Revolution and ending with the passage of the Reform Act in British Parliament. In this time of reflection and change, authors re-examined the previously discarded medieval romances and breathed new, strange life into them. Romantic art became a form of activism, against structures both political and poetic. To account for Romanticism’s â€Å"complex multiplicity† (4), Lynch and Stillinger mention five distinct characteristics of British Romantic work: the piece is written by a British author between 1785 and 1832, it is a response to a politically or socially impactful event, it features rebellion to convention, it is imaginative, and it utilizes imagery. Coronations, executions, massacres, abolition, wars, rebellions, and revolutions are a lot to handle in under half a decade. Constant change and turmoil was the reality for British Romantic writers (28- 29). With all these happenings, â€Å"political philosophy gained new authority in and through poetry and fiction† (4) as every Romantic author wrote asserting their two cents on the latest issue. They wrote with a purpose to spark new a new thinking or perspective on the subject, to â€Å"guide historical change† (4)Show MoreRelatedRevolutions: The Road to Independence Essay877 Words   |  4 PagesRevolution is a significant change of control or authority within a governmental setting. Most Revolutions are caused by political, social, and economic disputes. Consequently, the common matter for the American, French, and Latin America revolutions emerged to gain their own independence. In North America, the colonists put emphasis on their independence from Great Britain and established a new republic. In France, protesters abolished the authority of France and reorganized the French society,Read MoreThe American Revolution And The War Of Independence964 Words   |   4 Pagesaspects of the American Revolution and the war of Independence, especially consisting of the people directly involved within the Americas. Of course the people of the colonies were involved because they were the main participant in the war and the British were involved because that is who the colonies were fighting to gain independence from. The Indians were involved in a minor way, mainly on the British side. The African Americans also played a part in helping the Americans. The French also playedRead MoreFrench Revolution vs American Revolution1534 Words   |  7 PagesEssay 2/26/13 CC Essay French and American Revolution Both the American and French revolutions were focused on liberty and equality. 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AlthoughRead MoreThe American Revolution : The Fight For American Independence Essay1155 Words   |  5 Pages The American Revolution: The Fight for American Independence Jaden Luttrell Central High School November 10, 2015 5th Period â€Æ' Abstract The purpose of this research paper is to do more than simply provide an accounting of the events of the American Revolution. Instead, I will provide a detail of how the French and Indian War impacted the revolution, and missteps by the British Empire led to the American fight for freedom. In doing so, you will come to understand how the American fight forRead MoreEssay On The French Revolution And American Revolution1370 Words   |  6 PagesThe American and French Revolutions are both unforgettable historical events that have made a substantial and severe impact on the present-day society. The American Revolution was an influential time period, lasting from 1774-1783, where the 13 British colonies in the Americas rebelled against the rule of Great Britain for independence. The French Revolution was a period of chaos from 1789 to 1799, where the people of France tried to overthrow their monarchy, King Louis XVI. Both of these RevolutionsRead MoreHistory : The American Revolution E ssay1435 Words   |  6 Pagesmoral quality, which was strongly held in the people’s hearts in America, and it consequently spread to other countries in the world. It is believed that American Revolution was the most important chapter in human history just because it was their action that made the ideals of liberty, equality, and justice to materialize. The American Revolution had a very big significance worldwide as it changed the world not by removing and altering of power in any of the states but by the appearance of the newRead MoreHistory : The American Revolution1442 Words   |  6 Pagesmoral quality, which was strongly held in the people’s hearts in America, and it consequently spread to other countries in the world. It is believed that American Revolution was the most important chapter in human history just because it was their action that made the ideals of liberty, equality, and justice to materialize. The American Revolution had a very big significance wo rldwide as it changed the world not by removing and altering of power in any of the states but by the appearance of the newRead MoreThe Unjust American Freedom1447 Words   |  6 Pagesway the Americans gained independence may not be as valiant as it seems. The war lacked just war criteria despite many arguments. The idea was foolish and unnecessary and proved the lack of development amongst this young territory. Many factors lead to this premature uprising and the French and Indian War is a great reason for most of those factors. The decision by the American colonists to revolt against British rule was premature and overly aggressive. The American plea for a Revolution did notRead MoreThe American And French Revolutions1517 Words   |  7 PagesThe American French Revolutions The American Revolution and French Revolution were unique in world history because they used the ideas of freedom and equality from the Enlightenment, but understood them differently at the same time. Both revolutions occurred around the same time- the 18th Century, the American Revolution began on the 4th of July when Thomas Jefferson wrote the Declaration of Independence (Dr. Taylor). The French Revolution then follows in 1789, provoked by â€Å"...a greater demand

“Article 23 of the Indian Constitution †Tool of...

â€Å"Article 23 of the Indian Constitution – Tool of Protection against Exploitation† TABLE OF CASES * Gaurav Jain v. Union of India, AIR 1997 SC 3021 * In the matter of: Prison Reforms Enhancement of Wages of Prisoners, AIR 1983 Ker.261 * Labourers Working on Salal Hydro Project v. State of Jammu Kashmir,AIR 1984 SC 177 * Nihal Singh v. Ram Bai, AIR 1987 MP 126 * People’s Union of Democratic Rights v. Union of India, AIR 1982 SC 1473 * Raj Bahadur v. Legal Remembrancer, Govt. of West Bengal, AIR 1953 Cal 522 * Ram Kumar v. State of Bihar, AIR 1984 SC 537 * Rohit Vasavada v. Ge. Man., IFFCO, AIR 1984 Guj 102 * R.K Tangkhul v. R.S. Khullakpa, AIR 1961 Man 1 * Sanjit Roy v. State of†¦show more content†¦* Pandey, J.N., ‘The Constitutional Law of India’, 47th Edition. This book contains numerous case laws which are relevant and thus it helps in better understanding of the topic with ease. Also, the case laws are very briefly stated so as to give an idea and gist of the case in a significant manner. CHAPTER II ------------------------------------------------- Right against Exploitation Article 23, being a fundamental Right, have assumed great significance and have become potent instruments in the hands of the Courts to ameliorate the pitiable condition of the poor in the country. According to Article 23 (1), traffic in human beings, beggar, and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. Article 23 (1) proscribes three unsocial practices, viz. 1) beggar; 2) traffic in human beings; 3) forced labour. A significant feature of Article 23 (1) is that it protects the individual not only against the State but also against the private citizens. 2.1 ABOLISHMENT OF BEGGAR The term beggar means compulsory work without payment. Beggar is labour or service which a person is forced is forced to give without receiving any remuneration for it. The practice was widely prevalent in the erstwhile princely States in India before the advent of theShow MoreRelatedSocial Justice And Empowerment Assignment3787 Words   |  16 Pagesprogress. We need two kinds of identity for living in any society, those are social and economic who has social power they also will also possess the economic power and for ruling on any society these powers are very important. Due to long time exploitation and ignorance, marginalized people are having their life in harsh poverty, illiteracy, health problem, malnutrition and superstition, etc. In India, we can categorize marginalized people based on caste, gender, disabled, minorities (religious,Read MoreMemorial: How to Prepare for the Moot Court Competition6544 Words   |  27 PagesJournal 2.4 Articles 2.5 Cases 2 3 4 4 4 5 7 8 9 10 12 25 3. 4. 5. 6. 7. 8. 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Koito Case Free Essays

string(37) " a higher dividend can be justified\." Koito-Pickens-Toyota Case Question 1 The Japanese corporate governance system differs vastly from the US system. Discuss corporate governance issues that may arise under the Japanese keiretsu. The corporate governance system in Japan is widely different from the US one insofar as it mostly involves a unique business model called â€Å"Keiretsu†. We will write a custom essay sample on Koito Case or any similar topic only for you Order Now A Keiretsu is a form of corporate structure that groups a set of companies with interlocking board of directors and common business interests. Thus, due to its particular structure, some governance problem may arise under this Japanese Keiretsu: ) Issues from the perspectives of financiers Because the business is considered almost like an extended family, the financing may become political and the Japanese Keiretsu will almost always give favor to members of their Keiretsu. This could lead the financiers, for instance, to finance a company member of their Keiratsu they wouldn’t have finance otherwise. As far as the potential financiers are concerned, the main issue is the difficulty to enter and invest in the Keiretsu. Getting financial information about the Keiretsu firms could be complicated insofar as the financial and accounting statements are not disclosed. Thus, such discretion could lead to an ambiguity or a lack of understanding from an outside perspective. Actually, the keiretsu are just trying to protect themselves from what they fear the most that is to say the yakuza and the greenmailing. b) Issues from the perspectives owners As mentioned above, the keiretsu are suspicious towards the â€Å"outside† and this behavior may make foreign owners face some difficulties. Because the keiretsu system is much more in favor of inside shareholders than the outside ones, the former may find some difficulties to make the most of their shareholder rights. And this can maybe explain why the outside shareholders are often a minority in comparison with the shareholders of the keiretsu. Moreover, even if one of the outside owners becomes the biggest one, as T. Boone Pickens did, he may not be able to use his rights as he hoped. c) Issues from the perspectives suppliers One of the main issues for external suppliers is to the relationship between OEMs and suppliers that often leads to dumping on the prices and enables the outside supplier to compete with such cheap prices. As far as the integrated suppliers are concerned, the exclusive partnership with the keiretsu they belong enables them to do business with another leading firm and to gain market shares. d) Issues from the perspectives employees On the one hand and in case of horizontal integration, the very structure of a Keiretsu can lead into a confusion in management. The management transfers are so frequent that employees do not understand for which company they really work for is. One the other, the strong stability that comes out from this system could lead to a lack of action and performance from employees. Question 2 What were T. Boone Pickens’ motives when he bought the share? In the eyes of many, Mr. Pickens was only acting as a front man for Mr. Watanabe, a well-known green mailer in order to pave a way to gain power and control over the corporation. Mr. Pickens denies all these accusations of greenmailing by claiming that he bought the share to carry out a â€Å"test case† in order to evaluate the accessibility of the market. In others words, his initiative has the only aim of checking whether the United States could make, in the future, profitable investments in Japan depending of the degree of welcome of the market. Moreover, it is not implausible to think that one motive of T. Boone Pickens was the quest of profit. It should be borne in mind T. Boone Pickens targeted Koito as an undervalued investment opportunity in so far as he anticipated a Koito stock rise due to the tight link between Toyota and Koito. The good performances of Koito stock combined with the rise of the net income and sales reinforce this idea due to the fact that the shareholder’s average annual return has impressively increased. So the pursuit of rise of the dividends could have motivated him to buy the share. As the largest shareholder of Koito Manufacturing, is he entitled to representation on the board, does Japanese law allow for that? If not what in the law could he use to get an equivalent result? With 26. 4% of stock, T. Boone Pickens should have been entitled to representation on the board of Koito insofar as the Japanese law gives him rights due to the fact that he owns more than 10% of stock. But not so in the Japanese Keiretsu point of view. He was overwhelmingly denied board access in a 1989 annual meeting. †¦It is not a custom in Japan just to say, ‘I’ve become a major shareholder so I should become director. ’†, said Takao Matsuura, president Koito Manufacturing Ltd. There are reasons to wager that his seat on the board was compromised by the fact that the company considers him as a greenmailer. Knowing that T. Boone Pickens was planning to increase his stake to 30%, he could obtain board representation by acquiring 4% more than what he expected . In fact, the Japanese law states that those with at least 34% ownership could propose special shareholder resolutions. An alternative would be to establish a new relationship between Mr. Pickens and all the members of the keiretsu based on loyalty and transparency. They would not suspect him of greenmail anymore. We can suppose that T. Boone Pickens has chosen this way insofar as he supported the adoption of a proposal prohibiting Koito from paying greenmail. Question 3 Besides board representation, T. Boone Pickens demanded higher dividend payouts. Were his demands justified? Provide quantitative evidence to back your answer. Besides board representation, T. Boone Pickens asked for higher dividend payout saying that â€Å"Boone Co’s philosophy was to put stockholder interests first† (page 7) and in this very case, his demand for a higher dividend can be justified. You read "Koito Case" in category "Papers" Indeed, when we look at the dividend payout ratio for the period 1982 – 1985 (Table 1), it decreases meanwhile the retained earnings was increasing (Table 2). Moreover, at the same period, the proportion of cash was also increasing. In others words, the retained earnings were not invested enough and stay as cash. Then in 1986, we noticed that the payout ratio increased up to 39% and at the same time the retained earnings and the cash goes strongly down. Finally, almost the same phenomenon is observed between 1988 and 1990. In other words, the payout ratio is not positively correlated to the retained earnings which are not invested and stay as cash. Table 1 Table 2 Is there anything in the Japanese commercial code that would allow Pickens to try to get more dividends? If yes, why doesn’t he use this? If not, based on your experience as an international investment banker, what changes would you recommend him to propose? In order to increase dividends, T. Boone Pickens had several solutions. Indeed, many researches on the conflicts of interest between majority and minority shareholders show that dividend  payout  is negatively related to ownership concentration and support the assumption that large shareholders do not appear to use dividend policy to remove excess  cash. In other words,  firms with concentrated ownership are less likely to increase dividends when profitability increases and more likely to omit dividends when investment opportunities improve. So, T. Boone Pickens could decrease the ownership concentration of Koito. There are also some more aggressive solutions to get more dividends. T. Boone Pickens could increase his shares ownership in order to increase his decision power in the General Assembly insofar as â€Å"a owner of 34% or more of the outstanding stock could propose special shareholder resolutions†. Question 4 Pickens accused Toyota of limiting profits earned by Koito Manufacturing. Explain how the mechanism works? This mechanism is related to the very structure of keiretsu insofar as Toyota, like most Japanese OEM, owns equity positions in its suppliers. In 1986 almost half of Koito’s output was bought by Toyota and at the same time, Toyota has built a dominant position over Koito by having a 19%-part of Koito’s ownership. Therefore, Toyota was not just one of Koito’s customers but also one of its owners. Through its powerful influence and thanks to the close and informal relationship between Toyota and its suppliers, the car manufacturer had been able to negotiate supply contracts, lower prices and then limited profits earned by Koito. Is this a self-dealing transaction? According to Steven L. Emanuel (â€Å"Corporations†, 2009), a self-dealing transaction occurs when three following conditions are met : (1) A key player (officer, director or controlling shareholder) and the corporation are on opposite sides of a transaction, (2) The key player has helped influence the corporation’s decision to enter the transaction (3) The key player’s personal financial interests are at least potentially in conflict with the financial interests of the corporation. In the case of Koito, 3 members out of 23 are Toyota’s executives. Even if these 3 members are no longer Toyota’s executives, the Japanese notion of loyalty and the business relations between Toyota and Koito (Toyota buy 48% of Koito’s output) could imply that these three chairmen could act in favor of Toyota or at least try to satisfy the two companies. And in this way, the supplier was treated unfairly and conflicts of interests might have occurred. If Pickens gets access to financial information, how can he set out to prove his accusations? If you were an investment banker, what accounts or data would you tell him to scrutinize. If Pickens gets access to financial information, he could analyze the Income Statement and compare the evolution of the growth of sales and the growth of gross profit over these past years. Generally, sales and gross profit evolve in the same direction unless there is a below cost-selling. However, here we noticed for example that in 1986, as sales had grown by almost 10,2%, gross profit had grown by 7% and that in 1990, when the sales had grown by 10. 85%, gross profit had only grown up by 2. 8%. Such comparisons could be setting off alarm bells and could point out the fact that Toyota is limiting profits earned by Koito Manufacturing. On the other hand and if he can, he could also compare directly the price of goods sold to Toyota with the price of the same goods sold to minor customers such as Hino Motors. A high difference between the two prices combined with the fact that three directors of Koito are retired Toyota executives, would prove these â€Å"self dealing transactions†. Would you suggest to change the charter of the organization of Koito? As investment banker, I would suggest him to analyze thoroughly the income statements and the supply contracts between Toyota and Koito in details to reinforce his accusations. As far as the charter of the organization of Koito is concerned, I would suggest to add a clause which enables a person somehow related to a strong customer or a strong supplier to be appointed as director to Koito’s board of directors. Question 5 Toyota has threatened to cut all ties with Koito Manufacturing if Pickens take over the company. How would this affect Pickens investments? If you were a minority shareholder in Koito Manufacturing, whose side would you take? Calculate the value of your shares with or without Toyota. Because Toyota is the second largest shareholder in Koito and is its principal customer, representing 48% of the total sales (Exhibit 2), we may think that cutting ties with Koito Manufacturing will lead to huge losses, at least in the first year. Let’s then calculate the value of a share with and without Toyota. In order to use the Discounted Cash Flow methodology, here are the assumptions we made : * The value of the firm is equal to the value of the discounted cash flows for the next four years plus it’s terminal value. The same growth is expected for the coming four years (this growth was calculated as the mean of the previous years growth) * Because the lack of information concerning the cost of equity we used today Koito’s beta (1. 38), a risk free rate of 3% and a Rm of 10% (return on SP) in order to calculate an approximative WACC. Our calculations provide us with a WACC of almost 8%. With Toyota : Without Toyota : If I were a minority shareholder I would probably take Pickens’ side because he puts shareholder interests first. However, I would be careful and make sure that making stockholders’ interest first instead of company’s one will not damage the entity’s wealth. Based on your assessment of the case, are large shareholders an effective solution to corporate gouvernance problem? Based on the analysis of this case, it appears that being a large shareholder is not necessarily an effective solution to the corporate governance problem. Indeed, even if T. Boone Pickens is the largest shareholder, he actually has no influence on â€Å"management issues† including those which concern the amount of dividends paid. How to cite Koito Case, Papers

Areas of Concern for Copyright Infringement-Samples for Students

Question: Develop a policy for Management that identifies details that assist in the prevention and Management of Copyright Infringements and any possible repercussions for the Company. Answer: Procedure to determine compliance Copyright is a very important factor for the companies at this present moment of time. The Copyright Act of 1968 is used as reference for this policy. Reportedly there have been various types of copyright issues that indicated the need of strict policy for the companies against the copyright infringement issues (Litman, 2017). The policies that are developed would be providing the management assistance in protecting copyright for the company and any type of repercussions for the company. The following policies can be developed for the management to provide protection from the copyright infringement issues: Usage of the technology based deterrents The company should make use of the technology based deterrents such as bandwidth shapers and traffic monitors (Austin, 2016). They bandwidth shapers would be restricting the data usage in the company and this would prevent huge amount of data from within the company to be transferred. The traffic monitoring would allow the analyzer to detect the type of data that is being transferred from the company. In addition to this, they should also accept the Digital Millennium Copyright Act and respond to the notices issues by the Act. They should also block the pirated products and also block the illegal shaping of the files. Educating and informing the staffs The company should look to educate its staffs about copyright protection and the importance of it (Morrision Secker, 2015). They should also make them realize the importance of the copyright for the company and as well as for the individuals. They should also make the staffs aware about the policies that are to be implemented and make them understand the utility of these polices and also train them in order to abide by the company polices. This would prevent copyright infringement within the company. Adopting procedures for handling the unauthorized distribution of the copy right materials The management of the company would be monitoring the staffs and their activities regarding the unauthorized use of the copyright materials from within the company. They would also be able to track the data that is going out of the company and hence, they would be able to keep track on the data of the company and see to it that no issues of copyright infringement take place. They would also decide on the level of infringement that had taken place and would be taking immediate actions on the situation (Rehbein Rumpf, 2017). They would warn the staffs that are taking part in these activities and take severe actions in these incidents keep taking place and occur more frequently. Processes for review and assessment All the procedures and the operations of the company should be review efficiently so that the areas of the fault can be understood easily. They can also be restricted by repeated analysis. In addition to this, the review of the system should be done regularly so that they would be able to have sufficient amount of data for the assessment of the situation. They also review the policy regularly and upgrade it according to their needs. Recommendations for change For copyright owners and the industry group should be more careful in the future so that they are not affected by the infringement in the future. The TCM has expressed that threats such as bootlegging would be increased in the future. ACME merchandisings have also agreed that the infringements would continue to grow. Hence, the authorities should be improving their policies and act in accordance to the policies. References Austin, G. W. (2016). Authors' Human Rights and Copyright Policy.Colum. JL Arts,40, 405. Litman, J. (2017). Digital copyright. Morrison, C. M., Secker, J. (2015). Copyright Literacy in the UK: a survey of librarians and other cultural heritage sector professionals.Library and Information Research,39(121), 75-97. Rehbein, F., Rumpf, H. J. (2017). OP-94: Policy guidelines of situational prevention measures in internet related disorders: Results of a German expert group commissioned by the federal ministry of health.Journal of Behavioral Addictions,6(S1), 45-46.