Free Essays on Corporate Law

In a derivative suit, the nominal plaintiff shareholder sues on a right derived from the corporation. The corporation is made a party to the suit so that it may be bound by the judgment. Although derivative suits assert corporate rights, the corporation is normally aligned as a party defendant because the suit is generally prosecuted over the opposition of the corporation’s management. Like direct suits that are brought as class actions, derivative suits are subject to a number of procedural rules, which are designed to ensure that the nominal plaintiff shareholder acts in the interest of shareholders as a group. In a successful derivative suit, damages are paid to the corporation, not the shareholders. Even though the right is being asserted in a derivative suit â€Å"belongs† to the corporation, it is not immediately obvious why the recovery is not paid to the shareholders as the corporation’s owners. One reason is that, if the corporation has been injured, awarding recovery only to the shareholders would bypass the creditors, whose securities have been devalued by the breach. Indeed, if the corporate assets have been severely depleted, giving the damages directly to the shareholders could have the same effect as an illegal dividend by an insolvent corporation. On the other hand, applying this theory to a solvent corporation would seem to be inconsistent with the theory that the directors owe fiduciary duties only to shareholders and not to creditors. A second rationale for the peculiar aspect of the derivative suit which gives the damages to the corporation rather than directly to the shareholders (the nominal plaintiff) is that this avoids the problems involved in fashioning direct relief to shareholders. Public corporation shares trade at various times before or after disclosure of the wrong at prices that may or may not reflect the full extent of... Free Essays on Corporate Law Free Essays on Corporate Law In a derivative suit, the nominal plaintiff shareholder sues on a right derived from the corporation. The corporation is made a party to the suit so that it may be bound by the judgment. Although derivative suits assert corporate rights, the corporation is normally aligned as a party defendant because the suit is generally prosecuted over the opposition of the corporation’s management. Like direct suits that are brought as class actions, derivative suits are subject to a number of procedural rules, which are designed to ensure that the nominal plaintiff shareholder acts in the interest of shareholders as a group. In a successful derivative suit, damages are paid to the corporation, not the shareholders. Even though the right is being asserted in a derivative suit â€Å"belongs† to the corporation, it is not immediately obvious why the recovery is not paid to the shareholders as the corporation’s owners. One reason is that, if the corporation has been injured, awarding recovery only to the shareholders would bypass the creditors, whose securities have been devalued by the breach. Indeed, if the corporate assets have been severely depleted, giving the damages directly to the shareholders could have the same effect as an illegal dividend by an insolvent corporation. On the other hand, applying this theory to a solvent corporation would seem to be inconsistent with the theory that the directors owe fiduciary duties only to shareholders and not to creditors. A second rationale for the peculiar aspect of the derivative suit which gives the damages to the corporation rather than directly to the shareholders (the nominal plaintiff) is that this avoids the problems involved in fashioning direct relief to shareholders. Public corporation shares trade at various times before or after disclosure of the wrong at prices that may or may not reflect the full extent of...

Essay about Cannabis and medically Marijuana

Essay about Cannabis and medically Marijuana Essay about Cannabis and medically Marijuana Ryan Glover 9-9-12 PHI-105 Dr. Larson Legalization of Marijuana From the past to the present the government and society has given such a negative view on marijuana it left no room for the positives. Tobacco and other chemicals in cigarettes are widely used and welcomed more than the use of marijuana and yet people and the people around them die every day and are linked to several medical conditions. Alcohol has been linked to anger and aggression, many medical conditions, and death but we can go to the nearest corner store and purchase alcohol seven days a week. Prescription and over the counter drugs have many different side effects that can occur while taking the medicine and limited to the amount used daily in fear of over medicating and could lead to serious health conditions or even death. Marijuana has not been linked to serious side effects or bodily harm, nor has it been linked to anger or aggression, and does not lead to death. Marijuana is known more for its illegal contribution in the world instead of the positive aspects it can have on medical use and its contribution to improve the economy and many uses it can have industrially. In the states were marijuana is legal it is used for its many medical benefits. Unlike most prescription drugs given for serious health conditions serious side effects can come with it. Marijuana is used for serious health conditions and doesn’t have any of the serious side effects. It is used for various health reasons ranging from sleep deprivation to help regain appetites in patients whose health leave them with drastic weight loss because of their loss of appetite. It is also used to help relieve pain in cancer, multiple sclerosis patients, and arthritis patients as well. Marijuana is also being tested in possible reducing growth in malignant tumors in the brain. Some other uses include depression, high blood pressure, HIV, and a muscle relaxer. (Harvard Health Letter 2004) Medically marijuana could be a great relief for a lot of people and with further testing was even turned into an oral supplement for daily use (Gray, 1998). Economically marijuana can be very beneficial for the farmers that grow it for medical and other uses by the government that allows them to grow it. Farmers would also be able to grow hemp and sell it to companies that will use the product. Hemp is a marijuana plant with very low THC (tetrahydrocannabinol) levels used for its seeds and fiber. Companies can then purchase the hemp and manufacture it into products ranging from paper to concrete. Hemp also provides nutrient rich soil, uses minimal pesticides, and reduces weed growth. Economically if marijuana was legalized a state would save over seven billion dollars in cost instead of the amounts spent trying to uphold the laws making it illegal and if marijuana was taxed like consumer goods it could bring in over two million dollars annually and if taxed like alcohol and tobacco it could bring in over six billion dollars annually and with today’s economical struggle in the states who wouldn’t benefit from these numbers. (Moffatt, 2012) Legalization of marijuana also brings growth industrially to The United States. Hemp and hemp seeds has many beneficial uses. The fiber from hemp can be used to

Analysis Essay Example | Topics and Well Written Essays - 500 words

Analysis - Essay Example She is well observed to like her classmates and teachers, thus the mention of her being easy going. As the story unfolds, the candidate for the art scholarship who had all the reasons to rejoice because of the preparations told to her by her teacher and the school principal, was found broken hearted because of the cancellation of the scholarship supposedly to be awarded to her. The reason for which, being her color. Being challenged by the principal who experienced racial discrimination herself, the main character stood tall and hopeful in facing her future. On the contrary, the main character for A Rose for Emily is portrayed as a proud woman from a high and mighty Grierson family as seen in the eyes of the town’s folks. She was described to be a fallen monument in the beginning of the story as her death is revealed. But unlike Nancy Lee, her pride became a source for an internal conflict. The demand for her payment of her taxes caused her to be even more aloof and stay home most of the time. The story is told by a first person observer, narrating the events and speaking on behalf of her self and other observers. One Friday Morning on the other hand is told by a third person omniscient narrator who exposes the feelings and thoughts of his character.

Business Scenario Essay Example | Topics and Well Written Essays - 1250 words

Business Scenario - Essay Example making process in Kava. Let us consider the factors for each factor and explore them further. The three main factors identified are Business Risks, Business Environment and Stakeholders. The Business risks have been identified as natural and man made disasters. Natural disasters can be tsunamis, earthquakes and so on. Since Kava is in an island in the South Pacific regions, these factors can cause widespread damage. But there are many countries in this area that have managed to survive and prosper in this same region and they have done this by creating the right type of infrastructure. Nike Corporation needs to develop better weather forecasting methods that would help to serve as early warning systems for the occurrence of such events. With their massive clout, they need to get satellite warning systems that can analyze the weather and give sufficient warning. They also need to develop earthquake-warning systems that would foretell the occurrence of earthquakes. Man made disasters include AIDS and Avian Flu. AIDS is a global phenomenon and this can be mitigated by creating sufficient awareness about the disease and invoking proper safe sex methods among the populace. If a certain section of the populace such as sex workers are suspected to be the main source, then they need to be hospitalized and proper treatment given to them. Avian flu and other diseases are also global maladies and sufficient expertise is available in combating them. Proper health procedures, health checks, etc. can be implemented to ensure that the disease does not spread and is contained effectively. It is very important that a common consensus and effort be developed among all the citizens to combat these events. Since these factors can affect all communities, mitigating these risks can serve as the start point of creating a common bonding and a common identity. Business environment factors include the various communities and groups that are active in the

Daily Life In Northeast Arkansas During The Civil War Research Paper

Daily Life In Northeast Arkansas During The Civil War - Research Paper Example Therefore, following the secession, the Arkansas people located in the north began to fight for Arkansas State with Arkansas people located in the South. The economic activity of Arkansas State was agriculture because geographical characteristics which made it easy to engage in subsistence farming on small parcels of land and cash-crop farming on large plantations . Cotton was the main cash crop and due to its price increase, the State of Arkansas spurred and prospered in the 1850’s. However, some regions that had many slaves such as southern and eastern regions benefited more from the economic spurs brought about by cotton than those in regions with few slaves. Consequently, this created and increased the social, economic and political dissonance between Arkansas people living in the highlands and those located in the lowlands. Political dominance of the Democratic Party was the more rooted to this dissonance with some political figures advocating for the rights of the southern Arkansas while majority of the Arkansas were against slavery and remained loyal to the union. In addition, a larger number of Arkansas supported the secession but only a few were totally against it. Therefore, despite intense pressure from secessionist element, including the state officials and representatives from the seceded stated, some delegates barred every attempt to validate a secession ordinance. The season of deciding whether to secede or not, characterized heated debate, fallouts and fights that led to destruction of property and people. In so far as, the war is concerned, it always brings with it a lot of suffering, sorrow and requires greats sacrifice. T he first year of the Northeast Arkansas civil war, 1861, was quiet since the dissonance was rather vague and occurred underground. In addition, war preparation and assembling of troops for inspection and provision of orders occupied the first year of the northeast Arkansas civil war. The Arkansas people went about their daily business as usual without any fear. During the first year, there was a lot of indifference since some people were in support of the war and looked forward to it with a lot of enthusiasm while others were totally against the war. The first union forces to invade the northeast Arkansas came from Missouri. However, in the second year, 1862, the situation dramatically changes as union naval forces broke through Confederate defences along the Mississippi River and captured the city of Memphis, while Federal forces started to inhabit the northeast region and eastern lowlands of the Arkansas State. The war had reached northeast Arkansas much faster than anyone had ant icipated. During the period of the war, Arkansas women and children were toiling in the proverbial trenches on the home front. As the Confederate and Federal armies were concentrating their forces east of the Mississippi River, war was just as real in Arkansas as it was in Tennessee and Virginia. Since, the civil war in northeast Arkansas had just began, the Arkansas people appeared to be less defensive. This defenceless situation made the Arkansas State weak and naive among its enemies2. The defenceless situation of the State of Arkansas was primarily because of lack of an army to protect its citizens. As such, the lack of a security system or body had greater impact on innocent women and children. Moreover, as the men set out for war, the women and children back at home faced many challenges such as lack of food and many other kind dangers. Food was the most crucial problem characterizing the years of war, as farmers could no longer continue with their farming resourcefully. As su ch, the defenceless nature of Arkansas

Cultural Views on Health Essay Example for Free

Cultural Views on Health Essay Health beliefs and cultural practices are an essential part of todays multicultural society. It is beneficial for medical providers to be aware of the perspectives of different cultures. Minorities suffer from receiving proper health care because of lack of Jobs, no insurance, and their cultural beliefs. A persons cultural background can affect medical treatment and health care needs he or she may receive. People from different cultures have different beliefs on health care. The two different cultures I chose to discuss are Hispanic American and African American cultural views. I will be discussing the cultural views between Hispanic Americans and African Americans and their views on health care. The majority of Hispanic Americans are Catholics. Religious beliefs and spirituality play important roles in health care of Hispanic cultures in the United States. Mexican American believes health is a gift from God and their health problems are a result of Gods will. Some Mexican Americans may not have resources for health care and use traditional healings to treat their illness. Hispanics respect their elders and the men within their culture. According to Transcultural Nursing (1997-2008), Hispanics are accustomed to the professionalism of social workers, so they rely on their family and close friends for support or help. Curanderos and Santeros are two common healing practices among the Hispanic culture. Curanderos are naturalist healers who use herbs and plant to heal illnesses. Santeros use the power of the saints to heal and counsel. The majority of African Americans are Christians. Many African Americans view religious as an essential part of life. African Americans view God as the source of ood health and a source of serious illness. Many African Americans rely on religion, family, and social connections for support because of the unfairness they have encountered in the past. Many African Americans think they receive poor health care because of their ethnic background or their race. African Americans may not see a medical provider until this or her medical condition severe because of economic factors. Many cultures do not believe that organic approach is very helpful. Organic approach may seem impersonal to people who have a traditionally different method of care. Minorities, such as African American and Mexican American, have been dissatisfied with the overall health care services because of the unfair treatment they receive as individuals. The organic approach uses scientific knowledge of germs and diseases to find out the health of a patient by using physical testing, conducting studies and experiments, and keeping detailed patient records. From an organic perspective, a patients cultural beliefs and social practices are not the primary issues of health care. Harmony perspective sees illness as an incident that occurs for different reasons

Love Song of J Alfred Prufrock Essay -- T.S. Elliot

In the poem "The Love Song of J. Alfred Prufrock" by T.S. Elliot, Prufrock is a man that is pessimistic, has low self-esteem, and has much internal conflict. He believes that he isn't good enough for the women of his desire; this theme also becomes a motif.   Ã‚  Ã‚  Ã‚  Ã‚  The epigraph of the poem is an excerpt from Dante's Inferno, in which that the perfect audience could only be someone who would never be allowed into the real world where that person(s) might reveal Prufrock's idiosyncrasies. This of course is impossible so therefore he must settle on a personal reflection, thus creating an interior dialogue. This in effect sets a mood of isolation giving the reader some foreshadowing in to what the poem will be about.   Ã‚  Ã‚  Ã‚  Ã‚  The image of "a patient etherized upon a table" and "half-deserted streets" gives a more gloomy setting and adds to the isolation set forth by the epigraph. On lines 55-58, Prufrock compares himself to an insect being on display for all to poke and prod. This is how he will feel if he where to ever try and talk to one of the girls that he is so fascinated with. The yellow fog described on lines 15-25, refer to a giant cat spreading into every crevice and nook, spreading out enveloping everything in its path; the color yellow is used to show the fog is somehow tainted giving the feeling of being smothered.   Ã‚  Ã‚  Ã‚  Ã‚  The lines "In the room the women come and go talking of Michelangelo" are repeated because it is this person that Prufrock compares himself to. Michela...