Tuesday, December 31, 2019
The Wealth Disparity Through The United States Essay
This paper provides insight, reasoning on the wealth disparity in the United States. After all, the social movements that have advocated over the years for equality. The wealth gap remains the same. It continues to be intertwined with politics and racism. Corporation increases the wealth disparity with their political agenda in mind. In the article, Race, Homeownership, and wealth by Shapiro Thomas defines wealth and income. Wealth defined as the total value of a familyââ¬â¢s financial resources minus all debtsâ⬠(Shapiro, 2014); Income ââ¬Å"represent the following resources earned in a particular timeâ⬠(Shapiro, 2014). The two definitions have two very different meanings, but there often misused. Wealth is vague and can refer to many aspects of a person and families total value white income is only a particular value. Shapiro argues how ââ¬Å"Income and wealth are often confused both in the public mind and in the social science literatureâ⬠(Shapiro, 2014) We alth and income carry an important purpose because it represents how society views a person who has wealth. An individual who obtains a significant amount of money it is believed because they earned a substantial amount of income. The reality is people who have wealth inherited because of their family. The majority of the one percenters are born into their wealth instead of working for it. The confusion of wealth and income creates a system that does not question individuals on the top of the social pyramid. The societyShow MoreRelatedThe Election Of Obama Into The Highest Political Office1728 Words à |à 7 PagesObama into the highest political office may have created a great euphoria that the United States had moved past the racism that weighed heavily on the countryââ¬â¢s history. Today, after the end of his two-term presidency, it is clear that this elation was substantially unfounded as racism is still an adverse reality that confronts minority groups in the society. The disenfranchisement of racial minorities in the United States is traceable to the onset of the institution of slavery, and its alleviation remainsRead MoreGender And Race Income Inequality1473 Words à |à 6 Pagesbe on top and who is to be in the bottom. So, it comes to no surprise that America has a growing gap between the wealthy and everyone else. The United States is known as a melting pot and a country full of opportunities for all but it is also the place where upper class makes millions in an hour and the lower class only makes minimum wage. United States thrives on promoting everyone is created and treated equally but that happens not to be the case. Polls after polls shows a huge percentage of AmericansRead MoreEssay on Analysis of YouTube Video Wealth Inequality in America647 Words à |à 3 PagesWealth inequality; its not a topic many people would choose to make a YouTube video about. However, earlier this year a video regarding this very topic went viral and received o ver 12 million views on YouTube. It is titled, Wealth Inequality in America, which was produced by the YouTube user Politizane. The issue of wealth inequality across the United States is well known, but this video shows you the magnitude of the disproportion in intense and illustrative manner. It uses charts to explain inRead MoreThe Black Disadvantage in the United States1655 Words à |à 7 PagesThe Black Disadvantage in the United States Racial profiling, higher risks of incarceration, poverty, unemployment, more student debt; these are just some of the issues that African Americans face in the United States today. The statistical facts show that African Americans Face an uphill battle compared to White Americans. A good portion of the financial inequality that exists is due to the trickle down of white financial ancestral inheritance which was able to amass overtime unlike theRead MoreFinancial Literacy : Key For Creating And Sustaining Wealth For African Americans Essay1064 Words à |à 5 PagesFinancial Literacy: Key to Creating and Sustaining Wealth for African Americans By Martin A. Smith | Submitted On August 21, 2013 Recommend Article Article Comments Print Article Share this article on Facebook Share this article on Twitter Share this article on Google+ Share this article on Linkedin Share this article on StumbleUpon Share this article on Delicious Share this article on Digg Share this article on Reddit Share this article on Pinterest Expert Author Martin A. Smith Legacy planningRead MorePublic Schooling And Public Education1497 Words à |à 6 PagesWith the many diverse characteristics of the Unites States, perhaps the most troubling is the rising gap in the distribution of wealth. As the wealth gap in the United States rises exponentially, the gap in the quality of public schooling rises with it. For a country that prides itself in prestigious outlets of education, the system of public schooling seems to be miserably failing. Public education, a system that some fight to destroy while others fight to preserve, is perhaps the only source ofRead MoreThe Gilded Age And The Age Of Information1422 Words à |à 6 Pageseconomic growth, there was tremendous wealth, but only for the wealthy. The ââ¬Å"Second Gilded Age,â⬠which some say was brought on as the Information Age, brings a level of inequality to America that has never been seen before. Experts believe that this shift could kill the American dream. The Gilded Age and the Age of Inf ormation are similar in terms of the vast economic inequality prevalent, the issues arising with immigration (both reform and influx), and the disparity between the political parties. VastRead MoreEssay on Affordable Housing Crisis1088 Words à |à 5 PagesAffordable housing in the United States describes sheltering units with well-adjusted housing costs for those living on an average, median income. The phrase usually implies to applied rental or purchaser housing within the financial means of lower-income ranges specific to the demographics of any given area. However, affordable housing does not include those living in social housing owned by government and non-profit organizations. More specifically, the targeted range for housing affordabilityRead MoreWhat Is A Racially Divided System1569 Words à |à 7 PagesA Racially Divided System: An Insight into San Antonio Housing and Education Diversity of education, diversity of wealth, and diversity of race are all hallmarks of San Antonio. Although diversity is typically considered beneficial to a community or city, in San Antonio, it is a detriment. The racial and economic divisions of San Antonio have implications beyond a lack of cultural diversity. In fact, it is detrimental to the education of the Hispanic and Latino communities, as the clear economicRead MoreThe Feminization Of Poverty Trend And Black And White Inequality Trend Essay1373 Words à |à 6 Pageswhite inequality trend can explain the U.S wealth distribution, I would use the same regression model lows uses. Instead of just looking at blacks versus whites, I will look at female headed households versus male headed household too. Similar to Lowââ¬â¢s paper, I will use the Binder-Oaxaca decomposition to document the difference in wealth earnings if male headed households receives the female variables and vice versa. I hope to find that some of the wea lth distribution can be explained by the variable
Monday, December 23, 2019
Electronic Health Records And The Healthcare Field
Introduction The major change from traditional systems to electronic record systems in the healthcare field within the last couple decades has made a huge impact. Patient records, risk management, planning, staff, and more in the organization are affected by the IT staff. ââ¬Å"The penetration of Internet access, mobile technologies and social networks collectively offer a future in which it is possible to deliver highly personalized care without necessarily having to do it in person, or even with a doctor.â⬠(Healthcare IT News, n.d.) Many hospitals use paper records for patients long after electronic record technology was available. According to forbes.com in an article published two years ago, less than 2 percent of all healthcare organizations within the United States had and properly deployed information systems. Statement of Problem The problem the industry faces today is the lack of utilizing available IT resources within the healthcare organization. ââ¬Å"As per the 2008 statistics in the NEJM article Electronic Health Records in Ambulatory Care - A National Survey of Physicians, NEJM 359:50-60, just four percent of physicians in the U.S. reported having an extensive, fully functional electronic-records system, and just thirteen percent reported having a basic system.â⬠(Scot, 2015) The major implication of the problem is quality of care. Healthcare IT can help an organization improve medical efficiency, reduce costs, improve research, provide earlier detection and more.Show MoreRelatedElectronic Health Records On The Healthcare Field1289 Words à |à 6 PagesIntroduction An electronic health record (EHR) is a digital version of a patientââ¬â¢s paper chart (Appari Johnson, 2010). EHRs are immediate, patient- focused data that make report accessible quickly and firmly to certified users. An EHR system is assembled to go further than regular medical information gathered in a doctorââ¬â¢s office and can be comprehensive of an extensive view of a patientââ¬â¢s care (Appari Johnson, 2010). EHRs can: Encompass a patientââ¬â¢s , diagnoses, medical record, prescriptions,Read MoreElectronic Medical Records And The New Age Of Electronic Health Information Technology Essay1271 Words à |à 6 PagesElectronic Medical Records (EMRs) are now exercising a more significant impact on healthcare practices than ever before. The United States healthcare system stands on the brink of a new age of electronic health information technology. The potential for innovation within this new technology represents a great opportunity for the future of medicine. Howeve r, in seeking to implement EMRs caution must be exercised to ensure that implementation does not have adverse effects on the personal nature of theRead MoreImportance Of Information Technology And The Healthcare Industry1452 Words à |à 6 PagesIMPORTANCE OF INFORMATION TECHNOLOGY IN HEALTHCARE. Jude Alumuku, SEIS 605-07 Alum0001@stthomas.edu I. Introduction. II. Background Information A. What is Information Technology B. Information technology and the healthcare industry. C. Facts about Information technology and its application in Healthcare 1.0 Strategic Analysis ââ¬â Industry. 1.1 Strategic Analysis ââ¬â Competition III. Healthcare Information Technology Adoption, Quality and Costs IV. Problems With health Information technology V. PotentialRead MoreElectronic Medical And Health Records Essay1681 Words à |à 7 Pages Electronic Medical and Health Records: The Future of Healthcare Nursing Informatics Seanequa Morrison Dr. Gwen Morse November 22, 2016 Abstract Electronic medical records often used interchangeably with the term electronic health records are potential systems that are being used to not only transform the way healthcare is being delivered, but to promote the quality of care of patients while creating less medical errors. In recent years electronic health records (EHR) has evolved its conceptRead MoreThe Impact Of Technology On The Healthcare Field1541 Words à |à 7 Pagestechnology have positively impacted the nursing field, it has also created huge concerns with patient privacy and sharing of protected health information leading to detrimental effects to patients and their families. Indeed, technology is changing the face of healthcare with positive innovations to reduce medication errors and documentation errors. However, technology at our fingertips has created immense concerns with sharing of protected health information of patients via social media, email andRead MoreTeamwork, Collaboration And Informatics For Nursing 880 Words à |à 4 PagesTeamwork, Collaboration and Informatics in Nursing The nursing field is caring, dependable, and effective. None of which could be accomplished without teamwork, collaboration and informatics. I believe these concepts are fundamental in the nursing profession. Nurses must work with other healthcare staff, the patients and their families to provide patient-centered and quality care. The use of informatics enhance both the quality of care the clients receive and the teamwork and collaboration aspectRead MoreElectronic Health Records In Modern Times. Hcad 4352-24433.1239 Words à |à 5 Pages Electronic Health Records in Modern Times HCAD 4352-24433 Emily Spanihel April 29,2017 Table of Contents Executive Summaryâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦..3 Literature Reviewâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦......4 Discussionâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.....6 Conclusionâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦6 Referencesâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.8 Executive Summary Our world has been radically transformed by digital technology ââ¬â smart phones, tablets, and web-enabled devices have transformedRead MoreElectronic Health Record System At A Glance Essay974 Words à |à 4 Pages Electronic Health Record System at a Glance Bri Essman, Alejandra Face,Tim Harmon, Alex James, Kristin Sullivan Denver School of Nursing Electronic Health Record System at a Glance The quality of healthcare information systems is the determining factor of healthcare that has enabled patient care to be developed to the optimal level we see today. This paper will explore the functional steps used to establish a healthcare information system and the considerations taken into account onRead MoreHow Technology Is Transforming Healthcare1342 Words à |à 6 PagesAbstract New technology is being implemented across a diversity of healthcare settings for the purpose of improving the outcome and overall quality of care, and its use is having a transformational effect on medical practice. One of the most prevalent implementations of technology in healthcare is the electronic health care record (EHR), a computer based system for managing patient information, which has been proven to reduce medical errors. Further implementation of technology has also been shownRead MoreThe Impact Of Technological Impacts To Electronic Health Records1740 Words à |à 7 PagesThere are currently many technological impacts happening in the field of healthcare. While there are many and extremely valuable changes being implemented in medical facilities, one of the biggest changes is the transitioning from paper charts to electronic health records. Over the past few years and most recently, medical facilities have done their best to improve the EHR implementation so that they a re comfortable with how information is being entered into the system as well as how it is accessed
Sunday, December 15, 2019
GE Bildungsroman Free Essays
The first stepping stone in Pipââ¬â¢s coming of age is finding a place to belong. A quote that shows the fact that Pip did not know where his place was is when he says ââ¬Å"l am ashamed to say it,â⬠I returned, ââ¬Å"and yet itââ¬â¢s no worse to say it than to think it. You call me a lucky fellow. We will write a custom essay sample on GE Bildungsroman or any similar topic only for you Order Now Of course, I am. I was a blacksmithââ¬â¢s boy but yesterday; I am-?what shall I say I am-?to-day? â⬠(Dickens 196). Before Pip knows where he belongs he lives the dreaded life of a blacksmith. He knows what he wants, but he must grow to achieve his goals. An instance in which Pip shows that he has found where he belongs is when he says ââ¬Å"As passed the church, feltâ⬠¦ Sublime compassion for the poor creatures who were destined to go there, Sunday after Sunday, all their lives through, and to lie obscurely at last among the low green moundsâ⬠(Dickens 139). This quote shows how much Pip despised his old small town life. At this point in the story, he seems to know what he wants, and has no intention Of living and dying in the same place. Another quote which shows that Pip comes of age by finding where he belongs is when he tells Estella ââ¬ËYou have been in every prospect I have ever seen since ââ¬â on the river, on the sails of the hips, on the marshes, in the clouds, in the light, in the darkness, in the wind, in the woods, in the sea, in the streetsâ⬠(345). Pip, completely infatuated with Estella, has found his place physically in London, but mentally with Estella. No matter what he cannot stop loving Estella and is convinced that she is the one for him. Pip had to first find where he was destined to be to come of age. Once Pip finds where he belongs, he also figures out who he can depend on, which is another milestone in Pipââ¬â¢s coming of age. The first lifelong companion that Pip figures out he can depend on is Joe when he tells him ââ¬Å"l sis it was only me that got put out, Pip; I wish there wasnââ¬â¢t no Tickler for you, old chap; I wish I could take it all on myselfâ⬠¦ â⬠(50). Through Joe?s comforting and caring words, Pip knows he can depend on him as not only a best friend but a father. Despite the abuse of Mrs.. Joe, he wants to do right by women, and more than anything else, he wants to protect Pip, in which Pip comes to realize and respect about him. Another person Pip learns he can depend on is Biddy, from which he says ââ¬Å"She was not beautiful ââ¬â she was common, and could not be like Estella ; but she was pleasant and wholesome ND sweet-temperedâ⬠(131). Although he will never love her in the way he loves Estella, Pip will always trust and depend on Biddy because of her patient behavior and her role in helping Pip with his education. Biddy is a constant in Pipââ¬â¢s life, a stable aspect in which he knows he can always depend on. Another person who Pip depends on throughout his coming of age is Miss Having when she says ââ¬Å"You made your own snares. Never made themâ⬠(361 Pip can depend on Miss Having to be honest with him. Without the honesty from Miss Having, it would be harder for Pip to grow up. Once Pip learned whom he could depend on, those individuals helped him grow up and come of age. After learning who was most important in his life, another stepping stone in Pipââ¬â¢s coming of age was learning what is most important in life. A quote that shows the fact that Pip did not know what was actually important is when he says ââ¬Å"l was to leave the village at five in the morningâ⬠¦ And I told Joe that was to walk all alone. I am afraidâ⬠¦ That this purpose originated in my sense of the contrast there would be between me and Joe, if we went to coach together (156). Pip was so concerned about his social status that he Was ashamed to be seen with Joe. Before Pip learns what is most important in life, he thinks it is his social status. A quote showing Pipââ¬â¢s transition into realizing the important aspects of life is when he thinks, ââ¬Å"It was fine summer weather again, and, as I walked sunshine should be softened as they thought of me (260). In this thought, Pip is reminiscing on his childhood and with this develops a hope to be remembered after he is gone. Pip comes to realize in the back of his mind that he wants to be remembered or his personality, and not so much his status. Another quote in which Pip finally realizes what is most important is when he states ââ¬Å"l washed the weather and the journey from my face and hands, and went out to the memorable old house that it would have been so much the better for me never to have entered, never to have seenâ⬠(270). Pip comes to the conclusion that he wouldââ¬â¢ve been better off if he had never entered the sati house or ever became infatuated with the idea of being wealthy. Pip opens his eyes to realize that the road to wealth and status never even mattered, and this is here he comes of age. How to cite GE Bildungsroman, Papers
Saturday, December 7, 2019
Corporations Law Gaining Personal Benefits
Question: Describe about the Corporations Law for Gaining Personal Benefits. Answer: Introduction In the given situation, Dr. Dawes, Mr. Foster, Mr. Huckenfusser and Mrs. Duck who bought certain shares of MMM subsequently sold them off by way of information they received from the internal sources of GML and earned profits. But they would not have been entitled to receive had the information from GML be not received by them. Thus, some of them have become liable under the civil penalties in the Corporations Act. Preliminary Issues There are certain breaches of law in the given situation. While some people misused the information they received from GML, there are others who purely traded in matters for gaining personal benefits. There are also some others who though did not cause detriment to the company as such, but nevertheless derived benefits from the minutes of the meetings in GML. Thus, the issues that arise in the matter are as follows: Whether Dr. Dawes is liable under the Corporations Act for the benefits drawn by his wife by investing in the shares of MMM? Whether there is any liability on Mr. Foster for dealing in insider trading and making QECG buy shares of MMM and whether he is liable for prosecution in the matter? Whether Mr. Huckenfusser has used his position disadvantageously and whether his personal gains in the matter are liable to be prosecuted with proceedings against him? Whether Mrs. Duck holds any liability in the entire matter and whether she has done anything wrong by investing in the shares of MMM and later on selling off the shares by obtaining information from Mr. Huckenfusser? It should be noted that some of the people mentioned above are in the position of directors; some are pseudo directors while others are in the simple position of employees of the company. In such a situation, dealing with all the issues under the shoes of the director would not be a sound idea (Braun et al., 2014). Hence, it is necessary to take up each of the issues separately and analyze the instances under independent legal provisions. There might be some who are liable for civil penalties, while there are some who are just an accomplice in the matter and have not done anything that is in contravention of the law (Lumbers v W Cook Builders Pty Ltd (in liquidation), [2008]). These shall be conclusively determined after making a thorough analysis of the Corporations Law and understanding the breached provisions. Possible Breaches of the Corporations Law To validly bring about a suit against a director or officer of a company for breach of law under Section 183 of the Corporations Act, it is necessary to prove the following: That the person against whom the matter is being instituted was at the relevant time, an officer of the Company or the corporation (Australian Securities Investments Commission v DB Management Pty Ltd, [2000]); That the relevant misused information was acquired by the person directly; That the information that was obtained by him was acquired entirely because of his position as an officer of the company and he would not have obtained that information if he was not an officer; The person made that improper use of the obtained information (Chapman, 2005); That the improper use of the information was made by him so that he could gain an advantage for himself; The improper use of information could also have been made by the person to cause detriment to the company or the corporation (Lim, 2013). In the given situation Dr. Dawes acquired the information about the shares of MMM because of the directorial meeting of which he was a part. He had already declared that he had become insolvent and had no assets left. This indicates that Dr. Dawes concealed none of the material facts. He came to know of the shares of MMM and advised his wife to invest in the shares. After that, he subsequently came to know of the falling prices of the shares and advised his wife to sell the shares off. She, in turn, earned a good amount of profits out of this transaction. It can be said that though the information was obtained from the position of an officer of the company by Dr. Dawes, yet he did not cause any detriment to the company because of the information and its use. He purely invested in certain stock and derived personal benefits. Moreover, Section 183 applies to those people who are the officers or directors of the company (Google Inc. v Australian Competition and Consumer Commission, [201 3]). However, Dr. Dawes was not eligible to remain a director at that relevant time, and no permission was taken from ASIC in that instance as well (Mamutse, 2014). Thus, it can be said that Dr. Dawes is immune from receiving penalties in the given matter. Mr. Foster was a Director of the company, and after he had come to know of the information about the stocks of MMM, he left GML and joined QECG. He advised the Board of QECG to make an investment in the shares of MMM so that they could gain profits. It is evident in the given situation that while Mr. Foster gave the financial advice to QECG, he was not associated with GML in any way and was not an officer or employee or director there. However, one cannot disregard the reality that the financial advice was given by Mr. Foster to QECG out of the information that he had received because of being a part of the directorial members of GML when it was discussed there. There is clear indication that he took an advantageous position and out misused the information he had gathered (Lichtenberg, 2010). QECG would not have known about the stocks of MMM has Mr. Foster not told them about it. This indicates misuse of information and though he did not cause any detriment to GML, yet his action was one that could have resulted in insider trading (Australian Securities and Investments Commission v Lanepoint Enterprises Pty Ltd (Receivers and Managers Appointed), [2011]). Thus, it can be said that Mr. Foster was liable for a civil penalty in the given matter. Mr. Huckenfusser is an employee of the company is but is neither an officer nor a director of GML. Because of his role in the office, he received the beneficial interest of knowing about the stocks of MMM and him pass on this knowledge to an outsider who was Mrs. Duck. This information was given out by him to gain personal advantage entirely and clear off his debts. Mrs. Duck in the given instance is not at fault because she wanted to take an independent financial advice from Mr. Huckenfusser (Symon, 2006). However, this advice given by him because he came to know about the shares of MMM from the Board meetings of GML. Thus, it can be said that this amounts to a breach of the fiduciary duties as stated in the Corporations Act and though Mrs. Duck is not liable in the matter, Mr. Huckenfusser is liable for his actions. Defenses Each of the four people about whom discussions have been made can take certain defenses to state their innocence in the matter. Dr. Dawes has acted honestly in the matter and that he intended to do was gain some monetary advantage because he was already bankrupt and had also declared the same to the Directors of GML. Though he has contravened some provisions yet, his position does not make him guilty under the law, and he can claim immunity under Section 1317S (Hackner, 2010). Mr. Foster, however, does not have any defenses in the matter, and all that he can state that is because of his actions, GML did not incur any losses in the matter. However, this cannot be used as a strong defense by him, and the ASIC will have to take up a procedural investigation in the matter (Wong, 2014). As far as the position of Mrs. Duck is concerned, she is immune in the entire matter and she can claim that she was not at all associated with GML in any way. She just sought for some financial investment advice from her brother in law, and this was done in good faith by her (Wright, 2010). She initially invested according to the advice that she received and also sold off her shares from subsequent advice. Moreover, proceedings cannot be initiated against her because she is not a director or officer of GML (Keay, 2014). Hence, she is not liable under Section 183 of the Corporations Act. Remedies It can be said in the matter that there are civil remedies in the given instance. Once breach of duty is proved, the Courts can decide on any one of the following remedies: A pecuniary penalty amounting to $200,000 may be imposed for contravening the law; They might be asked to pay compensation for damage for contravening a civil penalty provision under Section 1317E of the Corporations Act 2001 in relation to GML; They might also face disqualification from managing other corporations thereon (Boral Besser Masonry Ltd v Australian Competition and Consumer Commission, [2003]). Conclusion Thus, it can be concluded saying that there are some who have breached the provisions of Section 183 of the Corporations Act and hence civil penalties can be imposed on them. However, the procedural process has to be taken up by ASIC before declaring breach in any instance. References Australian Securities Investments Commission v DB Management Pty Ltd[2000] HCA p.7. Australian Securities and Investments Commission v Lanepoint Enterprises Pty Ltd (Receivers and Managers Appointed)[2011] HCA p.18. Boral Besser Masonry Ltd v Australian Competition and Consumer Commission [2003] HCA p.5. Braun, D., Oehmichen, J., Wolff, M. and Yoshikawa, T. (2014). When Elites Forget Their Duties: The Double-Edged Sword of Star Directors on Boards.Academy of Management Proceedings, 2014(1), pp.10613-10613. Chapman, G. (2005).Report on Australian Accounting Standards tabled in compliance with the Corporations Act 2001 on 30 August and 16 November 2004. Canberra: Commonwealth of Australia. Google Inc. v Australian Competition and Consumer Commission[2013] HCA p.1. Hackner, D. (2010). Going on Rounds: May's ICU Director Contributions.ICU Director, 1(3), pp.135-136. Keay, A. (2014). The Public Enforcement of Directors' Duties: A Normative Inquiry. Common Law World Review, 43(2), pp.89-119. Lichtenberg, J. (2010). Negative Duties, Positive Duties, and the New Harms.Ethics, 120(3), pp.557-578. Lim, E. (2013). Directors' duties: improper purposes or implied terms?.Leg Stud (Soc Leg Scholars), 34(3), pp.395-418. Lumbers v W Cook Builders Pty Ltd (in liquidation)[2008] HCA p.27. Mamutse, B. (2014). Directors Duties.The Law Teacher, 48(3), pp.376-378. Symon, H. (2006).Corporations Act 2001. Melbourne: Leo Cussen Institute. Wong, S. (2014).Combating Phoenix Activities: Law Reform Proposals. SaarbruÃÅ'Ãâ cken: Scholars' Press. Wright, F. (2010). Fiduciary Duties: Directors and Employees20102Andrew Stafford QC and Stuart Ritchie. Fiduciary Duties: Directors and Employees. Bristol: Jordan Publishing Ltd 2008. 155.International Journal of Law and Management, 52(5), pp.405-406.
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