Monday, December 30, 2019
Exposure Therapy Exposure Techniques For A Controlled...
Exposure Therapy Exposure techniques allow for a controlled and systematic method of bringing Jakki into contact with feared events, dreams and people in her life. The therapist and Jakki will work together to develop a functional assessment, hierarchy of feared stimuli or events (from highly to mildly distressing), addressing each from high to low. Exposure needs to continue until Jakkiââ¬â¢s stress level drops by at least half. By using exposure techniques, both vivo and in vivo, Jakkiââ¬â¢s fear structure can be broken, emotional processing can occur, resulting in a new ability to cope and an increased tolerance of anxiety and uncertainty (Wenzel, 2013). There are exposure treatments that can be helpful in decreasing Jakkiââ¬â¢s symptoms,â⬠¦show more contentâ⬠¦There are three techniques are helpful in reducing the impact of intense emotions; controlled breathing, muscle relaxation, mindfulness and self-soothing. All three can be used interchangeable usually b eginning with controlled breathing exercises for clients with difficulties with over breathing. Muscle relaxation if Jakki reports feeling muscle tension, mindfulness for any judgmental attitudes toward her thoughts-emotions-behavior, and self-soothing to increase feelings of kindness and compassion toward herself (Wenzel, 2013). Mindfulness and Trauma Mindfulness meditation exercises (loving-kindness, mindfulness compassion) teach Jakki to turn her attention inward, watching herself without judgement, considering her thoughts without labeling them as good or bad. Mindfulness will allow Jakki to increase emotional regulation, being more focused on the here and now and begin dealing with the intense emotions experienced around her brotherââ¬â¢s death, in bed at night, dreaming and around men with beards. Mindfulness practice will allow Jakki to notice her thoughts at a distance. Mindfulness can allow Jakki to have more compassion toward herself and others. She can learn to become less critical of herself and more aware and gentle toward her trauma reactions. By learning to let go of her thoughts and emotions, and letting them go without judgement, Jakki can decrease avoidance behaviors and acting reactivelyShow MoreRelatedCognitive Behavioural Therapy for Ptsd9239 Words à |à 37 Pagesrelated Therapi es for the Treatment of Post Traumatic Stress Disorder Abstract In this paper the therapies related to Cognitive Behavioural Therapy (CBT) will be studied in order to determine the applicability thereof for the treatment (and prevention) of Post Traumatic Stress Disorder (PTSD). PTSD will be summarised as described in the Diagnostic and Statistical Manual of mental disorders edition 4 with revisions (DSM-IV-TR). The therapy models, their theory and techniques will beRead MoreEssay on Cognitive Behavioral Therapy1075 Words à |à 5 Pages Cognitive behavioural therapy has been proven to be effective in the treatment of child and adolescent depression (Lewinsohn Clarke, 1999; Harrington et al, 1998, March et al, 2004). There is general agreement in the clinical literature that the techniques of cognitive behavioural approaches to therapy are likely to be effective in treating depression (Brewin, 1996; Beech, 2000). In the American Psychiatric Associationââ¬â¢s Diagnostic Statistical Manual (APA, 2000) the symptoms of depressionRead MoreSocial Anxiety Disorder : Cognitive Behavioral Therapy1001 Words à |à 5 PagesAnxiety Disorder. One of the most broadly researched and applied treatments for Social Anxiety Disorder is Cognitive Behavioral Therapy (Wersebe, Sijbrandij Cuijpers, 2013). Cognitive Behavioral Therapies typically include a vast range of techniques, such as exposure to social stimuli, tasks, and cognitive restructuring (Wersebe, Sijbrandij Cuijpers, 2013). During exposure, the client is exposed to feared social situations despite experiencing distress (Wersebe, Sijbrandij Cuijpers, 2013). SeveralRead MorePTSD and Anxiety, Themes in the Film 1995 Copycat and Therapies1703 Words à |à 7 Pages Posttraumatic Stress Disorder, or PTSD, is an abnormal biological response that is a consequence of direct or indirect exposure to a severely traumatizing event, which can further induce a maladaptive psychological state. This threatening life experience generally triggers a reaction of anxiety, vulnerability, or horror in the victim. In the film Copycat (1995), the protagonist, Dr. Hudson, suffers from this disorder, as well as agoraphobia and panic attacks due to a terrorizing experience sheRead MoreTreatment Intervention Outcomes For Veterans With Ptsd960 Words à |à 4 Pages Treatment Intervention Outcomes for Veterans with PTSD Rita Clady HHS460: Research Methods in Health Human Services LaTonya Jones October 4th 2015 Treatment Intervention Outcomes for Veterans with PTSD Description and Summary Post-traumatic stress disorder is considered as a psychiatric disorder that creates impairments in occupational, interpersonal, and social functioning. Although there are several treatment processes for veterans suffering from this condition, some interventionRead MorePosttraumatic Stress Disorder ( Ptsd )2353 Words à |à 10 PagesAbstract Individuals that show to have Posttraumatic Stress Disorder (PTSD) are significantly affected both mentally and emotionally due to the exposure to a traumatic event. PTSD is a life-long disorder that is being seen diagnosed more and more among returning soldiers and sexually-violated individuals. Because of its increased detection, the importance of constructing effective treatments for individuals living with PTSD is becoming increasingly recognized. Although effectively treating PTSD hasRead MorePost Traumatic Stress Disorder Treatment For War Veterans1564 Words à |à 7 PagesSuch as Cognitive behavioral therapy (CBT) which is short-term, goal-oriented psychotherapy treatment that takes a handââ¬âon, practical approach to problem solving, (EMDR) Eye movement desensitization and reprocessing which is a set of standardized protocols that incorporates elements from many different treatment approaches and has been extensively researched and proven effective for treatment of traum a, (PE) which is a form of behavior therapy and cognitive behavior therapy designed to treat post-traumaticRead MoreGold Naotechnology Essay1473 Words à |à 6 Pagesgoal of this research is to find a better and more effective method to utilize these antibodies with respect to nanomedicine and alternatives of it, for example aptamers. In photothermal experiments, AuNP with anti-VEGF antibodies adsorbed on the surface proved to be more efficient for the induction of apoptosis in à ²-chronic lymphocytic leukemia cells as compared to AuNP without antibody conjugates (Pissuwan et al 2011). Thermal therapy with near-infrared (NIR) laser and AuNP has proven effectiveRead MorePost Traumatic Stress Disorder ( Ptsd )2280 Words à |à 10 Pagesbehavioural treatments such as prolonged exposure therapy, which is based on conditioning and learning. Pharmacological treatments however are still not yet proven to be as efficient as Prolonged exposure therapy. Prolonged exposure therapy is the mo st common treatment for PTSD; the therapy desensitizes the person to the trauma by having them re-experience the traumatic event rather than avoiding the memories and the triggers. By combining exposure therapy and virtual reality (VR) the patient hasRead MoreComparing Treatments for Post-Traumatic Stress Disorder in Domestic Violence and Women Victims of Rape2123 Words à |à 9 PagesStress Disorder (PTSD). A group of victims of domestic violence (DV) and rape with persistent PTSD will be recruited and submitted to a 6 month therapy. There will be a 3 X 2 independent groups factorial design where the independent groups are going to be women with PTSD (domestic violence and rape victims) and treatments; one group of Cognitive Behavioral Therapy (CBT), and the second will be issued SSRIs observed under the medicated treatment of Fluoxetine, the third group will be a control condition
Sunday, December 22, 2019
Willys Tragic Flaw and the Effect it Has Upon his Sons in...
Willys Tragic Flaw and the Effect it Has Upon his Sons in Death of a Salesman by Arthur Miller Willys Tragic Flaw and the Effect it Has Upon his Sons Death of a Salesman by Arthur Miller concerns itself with the fall of a simple man perpetually in a steadfast state regarding his own failure in a success-driven society. The protagonist of the play, Willy Loman, will follow a tragic trajectory that will eventually lead to his suicide. Arthur Millers tragic play is an accurate portrayal of the typical American myth that sustains an extreme craving for success and a belief in the illusion of the American dream, a dream attainable only by a handful of people. Having chosen a career in sales Willy Loman constantly aspires to becomeâ⬠¦show more contentâ⬠¦Although Willy is in reality an unsuccessful salesman he continually speaks of himself and of his two sons in his brash ways, as being part of those whom have affluence and destitution, those whom can become great leaders in the world. Linda, Willys wife, honourably stands by him even as he start to slowly degenerate into illusion that he cannot differentiate from reality anymore . To some extent Linda is not part of the solution but rather part of the problem with the familys inability to face reality. Linda loves Willy to the extent of accepting her husbands distorted views of reality and falling herself in his world of dreams and aspirations. In doing so, she is telling her sons without a word that their fathers destructive direction in life is perfectly viable. Linda also vocalises the main conflict between Biff and his father at the very beginning of the play; You know how he admires you. I think if he finds himself, then youll both be happier and fight no more.(p.15) This statement implies the level of control Willy wishes to have on his sons, particularly Biff, as well as his unrealistically high expectations towards them; God Almighty, hell be great yet. A star like that, magnificent, can never really fade away.(p.68). However, Biff being a failure ever since he dropped out of school will desperately try to achieve a better knowledge of himself inst ead of one filtered by his father.Show MoreRelatedWilly Loman: Truly Tragic or Plainly Pathetic? 1581 Words à |à 7 Pagesfrom ââ¬Å"Death of a Salesmanâ⬠gave up his life courageously. Arthur Millers character, Willy Loman, thought the only way he could help his family was to die. After much defeat Willy reflected on his life and said that he was of more value dead than alive (Miller 2173). Many arguments have been made about Willys character; is Willy truly tragic or plainly pathetic? Considering all the factors of Willys life that weighed upon him, the reader should determine that this low man was, indeed, tragic. AristotleRead MoreDeath Of A Salesman Is A Tragedy In The Sense That It Displays1015 Words à |à 5 PagesDeath of a Salesman is a tragedy in the sense that it displays the consequences of commitment of one s life towards an idealistic goal such as the American Dream. Willy Loman fails to see that he is an unsuccessful salesman and to escape that harsh reality, he constantly reminisces his past. Which beg the question, is Willy Loman a tragic hero? He may not be a conventional tragic hero but he indeed had a downfall however, he wasnââ¬â¢t in a distinguished position to say the least. He was everybody yetRead More Willy as Pathetic Hero in Death of a Salesman Essay1536 Words à |à 7 PagesWily as Pathetic Hero in Death of a Salesman à à à à à à Arthur Miller succeeds in demonstrating incredibly well in Death of a Salesman that not only is tragic heroism still possible in the modern world, but that it is also an affliction to which both king and commoner are equally susceptible.à However, Wily Loman is not a tragic hero because he is pathetic, not heroic, in his personal tragedy that comes from his inability to admit his mistakes and learn from them.à Instead, he fits MillersRead MoreWilly from Death of a Salesman by Arthur Miller: Abandoned and Flawed798 Words à |à 4 Pages The dramatic play Death of a Salesman, composed by Arthur Miller in 1949 portrays the hours leading up to Willy Lomanââ¬â¢s death. Willy is a sixty-year-old salesman living in Brooklyn New York with his wife Linda and after thirty-five years working as a traveling salesman he feels defeated by his lack of success and difficult family life. As a salesman, Willy Loman focuses more on personality and being well liked by ever yone than actual skills. When he returns early from a business trip it is apparentRead More Degradation of America in All My Sons, Death of a Salesman, and The Crucible.2446 Words à |à 10 PagesDegradation of America in All My Sons, Death of a Salesman, and The Crucibleà à à à Arthur Miller was, as a playwright, very critical of American society.à He condemned every aspect and satirized every ideal of modern American culture, from democracy to the American dream.à He degraded every part of Western civilization down to a much more basic and much more negative idea ââ¬â capitalism became greed, and rule by the people became rule by the mob.à Many people of his era saw him as anti-American,Read MoreTragedy Will Never Be The Same3193 Words à |à 13 Pages Look at the use of marijuana and even the homosexual agenda. Society is slowly progressing with its postmodern thinking and statistically speaking, those people are thinking it is more and more acceptable. We might not think that what I just said has anything to do with Theatre, but we need to put in perspective why we now have the theatre we do now. Ancient Greek theatre was not as open to civil human rights as we are today. Non-citizens were third-class peoples and women did not play as largeRead Moreââ¬Å"Aristotleââ¬â¢s Definition of the Tragic Hero and Irony in Tragedyâ⬠Oedipus Rex, Othello, and Death of a Salesman3217 Words à |à 13 Pageswhich leads us to his definition of the tragic hero. Aristotleââ¬â¢s conceptualization of tragedy and all that it encompasses is widely revered and accepted; setting the standard previously and contemporaneously. The interpretation of his definition of tragedy is ambiguous, but generally states that tragedy should evoke pity and fear within the viewer for the purpose of catharsis, or purgation of senses sequencing the climax of a tragedy. (Battin) This elicits his definition of the tragic hero, which statesRead MoreThe Changing Relationship Between Individual and Society in Modern Drama3272 Words à |à 14 Pages1930s and 40s, German-born writer Bertolt Brecht, produced a series of plays following ideologies common of Nihilist and later Marxist values; Following the second world war, Arthur Miller wrote to American audiences that individuals and their society are equally damning forces on one another. By following Ibsen, Brecht and Miller, three authors from three different countries, backgrounds and time frames, it is possible to witness the changing relationship between individuals and society in modern drama
Saturday, December 14, 2019
Boy Scouts of America Free Essays
This controversial First Amendment case was heard by the United States Supreme Court in 2000, on appeal from New Jerseyââ¬â¢s Superior Court. The dispute arose between the Boy Scouts of America, specifically a New Jersey troop, and a man named James Dale. Dale was an adult Boy Scout and a troop leader in New Jersey. We will write a custom essay sample on Boy Scouts of America or any similar topic only for you Order Now He was also openly homosexual and a gay rights activist. The Boy Scouts were not aware of Daleââ¬â¢s sexual orientation until he attended a seminar that dealt with the needs of homosexual teenagers which was covered by a local newspaper. When the Boy Scouts discovered that Dale was in fact a homosexual, they kicked him out of the organization, claiming that his sexual orientation directly opposed the values they wished to instill in the young members of their group. Dale filed suit in the New Jersey Superior Court. He asserted that when the Boy Scouts revoked his membership, they violated New Jersey law. That law forbids discrimination based on a personââ¬â¢s sexual orientation in places of public accommodations. The Court ruled in favor of Dale. The Boy Scouts however, believed that their constitutional right of expressive association had been violated. That First Amendment right allows organizations with selective membership standards to forbid membership to anyone who does not meet those standards. The Boy Scouts appealed the judgment to federal court. At the Supreme Court, the decision of the state court was overturned, ruling in favor of the Boy Scouts. The Court provided that the Boy Scouts were selective in accepting members into the organization since they only accept boys over the age of ten, and therefore the group had only practiced their First Amendment right of expressive association. Furthermore, the scout oath illustrated the groupââ¬â¢s opposition to homosexual behavior. When members say the oath, they promise to keep themselves ââ¬Å"morally cleanâ⬠. Alongside the membership standards, the oath essentially won the case. This case, while controversial, was decided correctly. The freedom to associate allows groups to gather for any purpose. The freedom of speech allows those groups to speak of their ideas. Freedom of expression is really only a combination of the two. The First Amendment protects groups from being forced to admit members who directly defy their purposes. The same would have applied no matter the group in question. Imagine if the NAACP was forced to admit a man who openly expressed hatred toward African Americans, or a group meant for veterans that was forced to admit an anti-war advocate. This type of forced inclusion into the organization would really disrupt the business of the group. Sometimes, it would make the group pointless altogether. Most likely we would not see membership refusals such as those mentioned as a case of discrimination. It is simply a conflict of interest. The Supreme Courtââ¬â¢s decision in Boy Scouts of America v. Dale is extremely relevant to society as a whole, especially to those individuals who are members of certain organizations who practice selective membership standards. No one wants to attend a church that was forced to hire an atheist preacher. No little girl wants to show up to her Girl Scout meeting to find that a little boy has become her fellow scout. As individuals, we like to surround ourselves with people who share similar qualities and characteristics with us. We enjoy gathering with others who share our opinions and purposes. Had the Supreme Court ruled differently in this case, this type of activity could easily be considered discriminatory and punishable by law. While the decision was unfortunate for James Dale, it upheld the Boy Scoutsââ¬â¢ constitutional rights, and protected societyââ¬â¢s rights as well. In the article, Police in Gun Searches Face Disbelief in Court, New York Times reporter Benjamin Weiser discusses the growing trend of unconstitutional searches conducted by police officers in May of 2008. One such illegal search happened in New York to a man who was carrying a pistol. In court, the officers involved testified that they had just cause to search the suspect. They claimed, ââ¬Å"He was loitering, sweating nervously and had a bulge under his jacketâ⬠(Weiser). The judge however, found that the officersââ¬â¢ story was untrue, and that they had searched the man illegally, violating the Fourth Amendment. Since the gun could not be used as evidence, the case was thrown out. Weiserââ¬â¢s research indicates that this type of situation occurs more often than we might think. He provides that in the last six years there have been twenty similar cases in New York City alone, where police officers unconstitutionally searched suspects, often resulting in the release of criminals who illegally carry firearms (Weiser). The Fourth Amendment protects Americans from search and seizure without probable cause, and this includes searches for weapons by police officers. The fact that these particular officers violated the Fourth Amendment is unfortunate, because their behavior put criminals back onto the streets. However, there was nothing that the judges that heard the cases could do, because the Bill of Rights applies to all Americans, criminals included. While society might prefer that the Fourth Amendment not apply to criminal suspects, the Constitution was meant to protect all people. It would be unfair to be searched without cause, especially if a suspect was not carrying an illegal weapon. The amendment is important in that it protects every aspect of our personal lives. Without it, the police could barge into our homes and take anything that they wanted, confiscate our cars, or seize anything we carry with us, activities that certainly do not constitute a free democracy. In the article, A Witness Startles Court in Pellicano Trial, New York Times reporter David Halbfinger tells the story of a witness ââ¬Å"pleading the fifthâ⬠in a Los Angeles court room in April of 2008. The trial was that of Anthony Pellicano, a private eye accused of wiretapping on behalf of his rich and famous clients. During cross examination, witness Phyllis Miller was asked questions about her own involvement in the case. A lawyer got her to admit that she was guilty of a crime herself. After a number of questions were asked, of which she responded to, Miller refused to answer any more self incriminating questions, pleading the fifth. However, the responses she did give now have her facing charges of her own of perjury and fraud. The Fifth Amendment deals with double jeopardy, the due process of the law, and the testimony witnesses in trial. Specifically stating that no person, ââ¬Å"shall be compelled in any criminal case to be a witness against himselfâ⬠(Cornell University Law School). This amendment protects individuals from being forced to testify during their own trials, which might lead to a guilty verdict. The Fifth Amendment is very relevant to society, in that it not only protects us from being charged multiple times for the same crime, but also allows us to keep quiet when we are on trial ourselves. Imagine a guilty man on trial forced to testify truthfully about a murder he committed. Most likely his answers would not be honest anyway, so why ask him to talk at all? Furthermore, imagine his wife testifying about what happened on the night of the crime. If the woman is asked questions about her involvement which might lead to a trial of her own, it is unfair to force her to speak. The Fifth Amendment in its entirety is important for Americans, because it deals with the protection of our personal lives and liberties. Being forced to testify as a witness to another personââ¬â¢s trial should not mean that we to be put on trial. In the article, Washington Mayor to Take Fight for Gun Law to Supreme Court, New York Times reporter Adam Liptak discusses a controversial gun control law out of Washington D. C.. That very strict law made carrying a gun, even two feet in your own home, illegal if you are not licensed to do so. The law was taken to Court and deemed unconstitutional. The mayor of the District of Columbia, Adrian M. Fenty, disagreed with the Courtââ¬â¢s decision and challenged it in the United States Court of Appeals in May of 2007. The Court however, refused to retry the case, claiming it was within the limits of the Bill of Rights, so Mayor Fenty planned to take the case to the Supreme Court in July of 2007. Liptak asserted in the article that it was his belief that the Supreme Court would agree to hear the case (Liptak). The Second Amendment, which has always been very controversial, protects an individualââ¬â¢s right to keep and bear arms (Cornell University Law School). Many people believe that by limiting the rights allowed by the Second Amendment, violent crime rates would decrease. Still others want to keep their constitutional right to carry guns regardless of crime. The Second Amendment is very relevant in todayââ¬â¢s society. In a world filled with criminals and violence, we deserve to have the means to protect ourselves, especially when many criminals carry illegal guns themselves. Imagine a robber breaking into your home in the middle of the night with a gun of his own. Most Americans would feel much safer if they had a gun to protect not only their families, but their property as well. Many people feel that by enacting gun control laws, we are putting ourselves at risk since many criminals own guns illegally anyway. The Constitution was written as a means of protecting certain civil liberties, one of which is life. Without the Second Amendment, we have no means of protecting our lives against the violent criminals who wish to hurt or kill us. In the article, National Briefing: South, South Carolina: Appeal to Supreme Court, the Associated Press introduces readers to the case of an imprisoned teenager in South Carolina. The teenager, who at the age of twelve brutally murdered his grandparents and burned down their home in 2001, was sentenced to thirty years in prison for his crime. At his trial, his lawyers claimed that his crime was a result of a medication he was taking at the time, Zoloft. When the boy was found guilty, and the sentence was announced, his lawyers planned to take the case to the Supreme Court for violating the Eighth Amendment. The Eighth Amendment protects Americans from cruel and unusual punishment, excessive fines, and excessive bail (Cornell University School of Law). Meaning that, certain crimes should not be punished with extreme sentences, huge bail amounts, or an unreasonable amount of years in prison. For a case such as described above, the punishment seems most reasonable and most likely the teenager will remain in prison. However, sometimes criminals are punished excessively for the scope of their crimes. The Eighth Amendment is very relevant in todayââ¬â¢s society, because it protects us from being punished to greatly for a small crime. Imagine being given the death penalty for a parking violation. Obviously a punishment such as this would be a violation of the Bill of Rights, and should be. However, without the Eighth Amendment things such as this could happen all the time. We could serve ten years in prison for stealing a piece of bubble gum from the candy store, or be arrested for failure to pay a speeding ticket and have bail set at a million dollars. This type of punishment would be unfair, excessive, cruel, and most definitely unusual. The Eighth Amendment only protects us from such unfair treatment, and therefore is very important in a country built on fairness and freedom. Reflection Honestly, the Bill of Rights is probably the most important part of the Constitution. It protects our freedoms and rights from being taken away from us, and since our country was built on that foundation, it is important that we retain our personal rights. I do not really believe that any one of the first ten amendments is more important than the others, but it seems that the First Amendment is the one that is violated the most often. It also seems to be the one amendment that Americans value the most out of the ten. Without the First Amendment, should one of the others be violated, we might not have the right to speak up about it in the first place. I also think that the Eighth Amendment is very critical to our country. In other countries people are thrown in prison and put to death for doing silly crimes and that is wrong. The writers of the Bill of Rights were very clever to include this amendment because it protects us from being treated inhumanly. Overall, I think that all of the first ten amendments work together to protect our rights and freedoms, and thankfully they are usually obeyed. From this assignment I have learned a lot. I have always known that the Bill of Rights is important, but I never realized how often it is violated on an individual basis. As a citizen of the United States, I am grateful for the rights I have been given by the Constitution. Many citizens of other countries are not so lucky, and I am afraid that many Americans take these rights for granted. I also did not realize how often new amendments are proposed, and moreover, how irrelevant some of the proposed can be. From my research I learned of one amendment meant to define and protect marriage between a man and a woman. It is very interesting to me what some people consider a personal right. I think that without the Bill of Rights, the Constitution itself would be very vague. Since it speaks of certain civil liberties, it was only logical to list those liberties within the document. When we govern by and enforce the Constitution, we are guaranteed these most important rights and freedoms, which make America a country that is privileged and different from most others across the globe. Thankfully our founding fathers envisioned a nation that was democratic and free. Therefore, the Bill of Rights is incredibly valuable to our country and the rights and freedoms that we are given, because without it we might not have understood exactly what America was meant to be. I can honestly say that I learned a lot by working through this project, and I think that all students in the United States should have to do similar work to appreciate what they have. Works Cited The Associated Press, ââ¬Å"National Briefing South; South Carolina: Appeal to Supreme Court. â⬠The New York Times 12 May 2008 14 May 2008 http://query. nytimes. com/gst/fullpage. html? res=9900E6DB1E3FF93AA25751C1A9619 C8B63scp=8sq=eighth+amendmentst=nyt. Cornell University Law School, ââ¬Å"Bill of Rights. â⬠Constitution. 2008. Cornell University Law School. 14 May 2008 http://www. law. cornell. edu/constitution/constitution. billofrights. html. Halbfinger, David. ââ¬Å"A Witness Startles Court in Pellican Trial. â⬠The New York Times 12 May 2008 14 May 2008 http://www. nytimes. com/2008/04/26/business/media/26pellicano. html? scp=22sq= amendmentst=nyt. Liptak, Adam. ââ¬Å"Washington Mayor to Take Fight for Gun Law to Supreme Court. â⬠The New York Times 12 May 2008 14 May 2008 http://www. nytimes. com/2007/07/17/us/17guns. html? scp=25sq=second+amendme ntst=nyt. Renquist, ââ¬Å"Boy Scouts of America and Monmouth Council, et al. , Petitioners v. James Dale . â⬠Findlaw for Legal Professionals. 2008. The United States Supreme Court. 13 May 2008 http://caselaw. lp. findlaw. com/cgi- bin/getcase. pl? court=USnavby=casevol=000invol=99-699#section1. Weiser, Benjamin. ââ¬Å"Police in Gun Searches Face Disbelief in Court. â⬠The New York Times 12 May 2008 14 May 2008 http://www. newyorktimes. com/2008/05/12/nyregion/12guns. html? _r=1scp=5sq=a mendmentst=nytoref=slogin. How to cite Boy Scouts of America, Papers
Friday, December 6, 2019
Law Assignment- Corporation Act
Question: Describe about the Law Assignment- Corporation Act. Answer: Section 198A: Section 198A in Corporations Act 2001 defines the framework of management of the business and the powers exercised by the directors of the company. For example, according to Section 19A under the subsection of the law corporation Act 2001 sect 198A has described that the directors have the potential power to appoint the non-executive director in the board of directors. This requires no prior voting or any approval from the other member or nonexecutive directors. Additionally, this act also states that the director of the organization also has the power to issue shares, debentures as well. This power has been provided to the director as they are mostly the chief controller of the strategies of the organization and the mostly the owners of the corporation. This can help them to avoid the several meetings and the voting proposals as well when the organization has encountered any emergency situation. Thus these kinds of regulations have been enlisted under this section of corporation act (Deva, 2013). However, the directors who are shareholder of proprietary companies or are single directors have some special rules for the powers to be exercised by them, which are explained under section 198E of Corporations Act (Farrar, 2015). Section 191: This particular law has been enacted to ensure the duties of the organization while contracting some other organization. As far as the historical perceptions are concerned, during the period of regional and national expansion of the business, it was important to prepare legal considerations for the franchisee development. Thus this law has been enacted with the specific exclusion and inclusion criteria. Section 191 states that every director is supposed to disclose his material personal interest (if any) to the board as the personal interests may clash with the duties of the directors. The decisions regarding the personal interest to be material are to be carefully judged by the director. The term material is defined as something which can influence a directors duties or voting and the term personal interest depicts when the state when a director gets any direct or indirect benefit (Li, 2014). The concept of material personal interest is important in the Act as it helps the business in settling conflict of interests. It is the duty of directors to ensure that they disclose any material personal interests if they have in any matter of the proceedings of the business meet their legal obligations (Tomasic, 2015). If a director fails to meet the legal obligations and provide a notice to other Directors, it shall be treated as an offence under section 191 (1A) of the Corporation Act 2001. Section 250R (2) Section 250R (3) As per Section 250R (2) of Corporations Act, the Remuneration Report is supposed to be presented by the company to its shareholders for their vote. The Remuneration Report is a part of the directors report that defines the policy of remuneration of the company and defines the arrangements of the remuneration for the non-executive and executive directors. Moreover, the subsection 1311(1) has also indicated the contravention is a legal offense. This shows that the AGM has the power to cast the vote of the chief director with written consent and under the mentioned circumstances in the subsection 250BD (1), which is already enacted under section 250R (2) and (3) both. Under Section 25R (2), the Remuneration Report needs to be tabled and the shareholders can have the chance to put a non-binding vote for the Remuneration Report (austii.edu, 2015). A resolution for the adoption of the Remuneration Report needs to be put to vote in AGM of a listed company. However, according to the section 250R (3) of the Corporations Act, the vote for the resolution is advisory in nature and the Directors of the Company are not bind by it and in case the directors fail to pass Resolution 1, there will be no requirement of modifying any arrangements specified in the Remuneration Report. Voting on advisory resolutions can be done by closely related parties or key members of the management. However, the personnel or any close member of such personnel from management who has their remuneration included in the report cannot take part in the vote (Dawson, 2009). References austii.edu. (n.d.). (2015). Legal Acts in Australia. Retrieved from https://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s250r.html Dawson, B. (2009, June 4). AsHurst Legal Acts and Corporattion Acts. Retrieved from https://www.ashurst.com/doc.aspx?id_Content=7608 Deva, S. (2013). Sustainable Business and Australian Corporate Law: An Exploration.University of Oslo Faculty of Law Research Paper, (2013-11). Farrar, J. H. (2015). The Move from Private Enforcement to Public Enforcement and Now the Move to Litigation Funding of Shareholder Activism: Are We Entering a New Era of Access to Justice in Corporate Law?.European Business Law Review,26(1), 75-93. Li, Y. (2014).Governance, Regulation, and Performance of Non-listed Small Corporations in Australia: a Structural Equation Modelling Approach(Doctoral dissertation, Victoria University). Tomasic, R. (2015). The Rise and Fall of the Capital Maintenance Doctrine in Australian Corporate Law.
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