I Think, Therefore, I Am Frontline Documentary, Digital...

‘I think, therefore, I am’ Frontline Documentary, Digital Nation, is a film I have recently watched. The emphasis of the film was how society is on the rise of reliance on computers, video games, Internet, and similar technologies. In addition, it also centers toward how children are being cultivated by advance technologies as well as the Internet, and how it has, and is affecting their day-to-day lives. Technology as we know it is here to stay and is only getting augmented by future generations of intelligent individuals that are passionate about what they do. We will not be able to keep technology at bay; nor will we be able to be unaffected and untouched by technology. Rene Descartes once argued â€Å"I think; therefore, I am,† saying that logical thought entails existence. In Descartes’ theory of mind, what role does consciousness play? Descartes, in fact, believed that all thoughts are, in some way conscious. Many scholars believe that, for Descartes, consciousness is the defining property of mind (e.g., Rozemond 2006). Defining the mind of Descartes as â€Å"the substance in which thought immediately resides† (7:161) When Descartes says the term â€Å"thought† I believe he is defining poetry of the mind as a distraction; â€Å"thought† of mind or the saying â€Å"I think; therefore, I am†, extends to â€Å"everything that is within us in such a way that we are immediately conscious of it† (7:160). If our mind is thinking substance and thoughts are essentially conscious, perhaps consciousnessShow MoreRelatedManaging Information Technology (7th Edition)239873 Words   |  960 PagesOperating Manager in Information Systems CASE STUDY I-1 IMT Custom Machine Company, Inc.: Selection of an Information Technology Platform CASE STUDY I-2 VoIP2.biz, Inc.: Deciding on the Next Steps for a VoIP Supplier CASE STUDY I-3 The VoIP Adoption at Butler University CASE STUDY I-4 Supporting Mobile Health Clinics: The Children’s Health Fund of New York City CASE STUDY I-5 Data Governance at InsuraCorp CASE STUDY I-6 H.H. Gregg’s Appliances, Inc.: Deciding on aRead MoreOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words   |  656 Pagesreferences. ISBN 978-1-4399-0269-1 (cloth : alk. paper)—ISBN 978-1-4399-0270-7 (paper : alk. paper)—ISBN 978-1-4399-0271-4 (electronic) 1. History, Modern—20th century. 2. Twentieth century. 3. Social history—20th century. 4. World politics—20th century. I. Adas, Michael, 1943– II. American Historical Association. D421.E77 2010 909.82—dc22 2009052961 The paper used in this publication meets the requirements of the American National Standard for Information Sciences—Permanence of Paper for PrintedRead MoreExploring Corporate Strategy - Case164366 Words   |  658 Pages(where appropriate). In general, the sequence of cases is intended to mirror the chapter sequence. However, this should not be taken too literally because, of course, many of these cases cover a variety of issues. The ‘classiï ¬ cation’ provided is therefore guidance only. We expect readers to seek their own lessons from cases, and tutors to use cases in whichever way and sequence best ï ¬ ts the purpose of their programmes. Where cases have been chosen to illustrate the issues of strategic choices andRead MoreProject Mgmt296381 Words   |  1186 PagesMcGraw-Hill/Irwin series, operations and decision sciences) Gray’s name appears first on the earlier editions. Includes index. ISBN-13: 978-0-07-340334-2 (alk. paper) ISBN-10: 0-07-340334-2 (alk. paper) 1. Project management. 2. Time management. 3. Risk management. I . Gray, Clifford F. II. Gray, Clifford F. Project management. III. Title. HD69.P75G72 2011 658.4904—dc22 2009054318 www.mhhe.com About the Authors Erik W. Larson ERIK W. LARSON is professor of project management at the College of Business, Oregon

My Favorite Case We Went Over In Constitutional Law This

My favorite case we went over in constitutional law this year is Lochner v. New York because of the display of power by the justices joined in the majority and the fervent dissent countering their reasoning. I have described Lochner above in the context of the Commerce clause above but my focus for this question is the case in context of the Substantive due process section of the class. The substantive due process clause deals with the law itself and not the process, substantive rights are protected under the Due Process Clause. This clause has come to encompass more and more rights, such as abortion, the right to die, and many other. â€Å"No state shall deprive any person of life, liberty or property, without due process of law† (U.S. Const.†¦show more content†¦The general right to make a contract in relation to business is protected by the 14th amendment because it was read into â€Å"liberty† of the due process clause. Justice Peckham established that â₠¬Å"The right to purchase or to sell labor is part of the liberty protected by this amendment, unless there are circumstances which exclude the right† (Lochner 809). The court found that the right to contract was a fundamental liberty, expanding the mean of that word to something more than just bodily freedom. A reason I think this is one of my favorite case is because this is one of the earlier cases of Judicial Activism. I tend to agree with Holmes’ dissent more because he argues that the constitution should not be used to limit governmental regulation under the guise of the 14th amendment to promote a Laissez-fair form of economics. â€Å"But a constitution is not intended to embody a particular economic theory, whether or paternalism and the organic relation of the citizen to the state or laissez-fair† (Lochner 813). He states that â€Å"Every opinion tends to become a law. I think that the word liberty in the Fourteenth Amendment is perverted when it is held to prevent the natural outcome of a dominant opinion†¦.† (Lochner 813). He disagreed with the majority Justice’s conclusion that creates law from the bench. It is the job of the legislature to create lawsShow MoreRelatedThe Importance Of Human Rights1390 Words   |  6 PagesThese are some of the issues that were discussed in Articles written by Michael Pollen in an â€Å"Animal’s Place†. An article on, rather animals, should have constitutional rights. Molly Ivins article â€Å"Get a Knife, Get a Dog, but Get Rid of Guns†. Is an Article on rather or not our right to bear arms should still be relevant? The third article â€Å"The Case of Torture†. Is an article on rather or not Terrorist should the same legal rights as a non-terrorist? 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The Contractual effect of a company’s articles of association Free Essays

â€Å"The extent of the contractual effect of a company’s articles has long been a subject of controversy generating much academic debate, interest and at times consternation.†Griffin, S Companies Act 2006 – altering the contractual effect of the articles of associationCompany Law Newsletter (2010), pages 1-4. (Available on WestLaw). We will write a custom essay sample on The Contractual effect of a company’s articles of association or any similar topic only for you Order Now Provide an overview of the academic debate in relation to the contractual effect of a company’s articles, highlighting specifically where the differences of opinion can be found. Introduction The Contractual effect of a company’s articles of association has long been a contentious concept which is commonly referred to as the â€Å"statutory contract†, distinguishable from normal commercial contracts and uniquely applicable to each and every member of a company as a separate and binding covenant[1]. S.33 of the Companies Act 2006 now forms the basis of this â€Å"multi-party† contract[2] and is the successor to s.14 of the Companies Act 1985. S.33 states that: â€Å"the provisions of the company’s constitution bind the company and its members to the same extent as if there were covenants on the part of the company and of each member to observe it†[3]. This formulation represents only a slight departure from s.14 which made no specific mention of whether the company was a party to the contract. This small lexical difference aside the words of the new provision largely replicate the language of the old and, in Sealy and Worthington’s opinion, mean that â€Å"the same uncertainties seem destined to plague this area†[4]. Since s.33 has come into force only two cases have mentioned it directly[5] and so the likely effects it will have are still largely theoretical and based on the controversy which dogged s.14. This essay will provide an overview of the company’s articles of association and in part 1 will examine the academic debate which has surrounded both s.14 and now s.33. Part 1: The constitutional debate The academic debate on s.14 centers on the extent to â€Å"which it regulated a company’s obligation to adhere to the terms of its articles in relation to dealing with its members†[6]. The extent of a company’s contractual obligation was, as noted above, notably absent from the 1985 version and this was the catalyst for a vigorous debate into the precise boundaries of the company in relation to the articles. Astbury J argued that s.14 creates rights and obligations between the company and its members but qualified it heavily by saying that this only applied in relation to those articles which regulated the rights and obligations of members generally[7]. Griffin characterizes this, in light of the case law, as being that a member can enforce only those parts of the articles which relate to a â€Å"pure membership obligation†[8] . Purely procedural issues, such as a member’s right to vote at a company meeting would be denied where the meeting related to an internal procedure but accepted where the meeting related to a more substantial issue of constitutional significance[9]. As Griffin points out there was strong opposition to Astbury J’s restricted view of the extent of a company’s contractual obligation under s.14 with Lord Wedderburn arguing that the obligation extended to all obligations save those which related to merely â€Å"internal procedures†[10] and as long as it was pursued by a member qua member and Gregory argued that, without exception, a member should be able to enforce every obligation within a company’s articles irrespective of status[11]. The new drafting of s.33, which is more expansive than s.14 in relation to the companies’ contractual obligations, would seem to support Lord Wedderburn and Gregory’s arguments[12]. As Griffin notes the wording was inserted late into the Company Law bill by Lord Wedderburn himself in the House of Lords and on a literal reading does reflect his teachings[13]. Section 33 has now been in operation since 2009 and it is still unclear as to whether it will evolve towards Lord Wedderburn’s views or remain entrenched with Astbury J. So far the courts have steered clear of deciding if it does[14] and Randall QC has only seen fit to mention the â€Å"slightly changed† language of s.33[15]. Conclusion In conclusion the contractual effect of the articles of association, notwithstanding the altered language employed in s.33, will remain contentious for many years to come. The debates which plagued s.14 of the 1985 Act have not yet been exorcised by the Companies Act 2006 and the key question remains as to the precise extent of a company’s contractual obligations under the articles. The lack of cases in the few years that s.33 has been operational would seem to hint that the courts are unwilling to give effect to Lord Wedderburn’s scholarly intentions much less Gregory’s. Sealy and Worthington are right when they warn that the problems behind s.14 will be inherited by s.33: â€Å"†¦this provision [s.14] has been an endless source of varying interpretations and conflicting analyses†¦the same uncertainties seem destined to plague this area†.[16] Bibliography Books Gower Davies (2008) Principles of Modern Company Law Sweet Maxwell: London Sealy Worthington (2008) Cases and Materials on Company Law Oxford Uni Press: Oxford Journals Gregory, R (1981) ‘The Section 20 Contract’ Modern Law Review 44 p.526 Griffin, S (2010) ‘Companies Act 2006 – altering the contractual effect of the articles of association?’ Company Law Newsletter Lord Wedderburn (1957) ‘Shareholders’ Rights and the Rule in Foss v Harbottle’ Company Law Journal p.194 Scanlan, Gary Ryan, Chris (2007) ‘The Accrual of Claims for Breach of Contract Under s.14 Companies Act 1985 and s.33 Companies Act 2006: The Continuing Obligation’ Company Lawyer 28(12) pp367-371 Cases Cream Holdings Limited v Stuart Davenport [2010] EWHC 3096 (Ch) Fulham Football Club (1987) Ltd v Richards and another [2010] EWHC 3111 (Ch) Hickman v Kent or Romney Marsh Sheepbreeders’ Association [1915] 1 Ch.881 Statute Companies Act 2006 Companies Act 1985 [1] Scanlan, Gary Ryan, Chris (2007) ‘The Accrual of Claims for Breach of Contract Under s.14 Companies Act 1985 and s.33 Companies Act 2006: The Continuing Obligation’ Company Lawyer 28(12) pp367-371 [2] Gower Davies (2008) Principles of Modern Company Law Sweet Maxwell: London [3] Companies Act 2006, s.33 [4] Sealy Worthington (2008) Cases and Materials on Company Law Oxford Uni Press: Oxford at p.250 [5] Fulham Football Club (1987) Ltd v Richards and another [2010] EWHC 3111 (Ch) Cream Holdings Limited v Stuart Davenport [2010] EWHC 3096 (Ch) [6] Griffin, S (2010) ‘Companies Act 2006 – altering the contractual effect of the articles of association?’ Company Law Newsletter at p.1 [7] Hickman v Kent or Romney Marsh Sheepbreeders’ Association [1915] 1 Ch.881 at 900 per Astbury J [8] Griffin, S (2010) ‘Companies Act 2006 – altering the contractual effect of the articles of association?’ Company Law Newsletter at p.1 [9] Macdougall v Gardiner (1875-6) L.R.1 Ch.D.13 (CA) [10] Lord Wedderburn (1957) ‘Shareholders’ Rights and the Rule in Foss v Harbottle’ Company Law Journal p.194 [11] Gregory, R (1981) ‘The Section 20 Contract’ Modern Law Review 44 p.526 [12] Griffin, S (2010) ‘Companies Act 2006 – altering the contractual effect of the articles of association?’ Company Law Newsletter at p.2 [13] Ibid at p.4 [14] Fulham Football Club (1987) Ltd v Richards and another [2010] EWHC 3111 (Ch) at para 59 per Vos J [15] Cream Holdings Limited v Stuart Davenport [2010] EWHC 3096 (Ch) at para 27 per Randall QC [16] Sealy Worthington (2008) Cases and Materials on Company Law Oxford Uni Press: Oxford at p.250 How to cite The Contractual effect of a company’s articles of association, Essay examples