Presidential Powers and the Constitution - 1372 Words

R...... Supreme Court Essay #1 10/31/14 Since the American Revolution and the creation of a new nation under a written Constitution, the Framers of the United States had a vision of a republic that shared the balance of governance within a three branch system; each designed to organize a balance of power whereby Constitutional division of powers provide each branch the means to frustrate the goals favored by a single branch; in an attempt to promote interbranch cooperation. The Framers had extreme distrust in a large national government and especially in the case of executive power due to the events that led to the Revolutionary War. However, by the time†¦show more content†¦The third action is when the President â€Å"takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb, for then he can rely only upon his own Constitutional powers†, at this level the Presidents actions must be strongly scrutinized under the Constitution. The Youngstown case and the a rgument made by Justice Jackson clearly state the Presidential power over military action through executive prerogative. The Supreme Court has repeatedly held that the President, when necessary not only has the right but has an obligation to protect the peace of the United States and its citizens, as well as take care that the laws, and policy be faithfully executed under the Constitution. The Prize Cases (1863) laid the basis for the Presidents authorization to employ military action to allow for the execution of law. Lincoln claimed during the Civil War that the war power was his for the purpose of suppressing a rebellion, the Prize Cases decision agreed with Lincoln’s action. The Prize Cases were more recently used as precedent in Hamdi v Rumsfeld (2004), where Justice Thomas stated â€Å"The power to protect the nation ought to exist without limitation because it is impossible to foresee or define the extent and variety of national exigencies, or the correspondent ext ent and variety of the means which may be necessary to satisfy them†, Thomas continued in saying, â€Å"Congress cannot anticipate and legislate with regardShow MoreRelatedPresidential Power And Presidential Authority1487 Words   |  6 Pagesauthority and power. However the authority and power that come from this are two vastly different things. Presidential power is as Neustadt defines the power to persuade with the effect of creating legislation, where as presidential authority is the formal and figurative duties granted in the constitution. Presidential power is akin to what specific action is chosen, and presidential authority are the perceivable routes of action. Presidential authority acts as the base for presidential power. AuthorityRead MoreThe Guardian Article, By Glenn Greenwald1300 Words   |  6 Pagesto the Obama administration. The practice of attempting to expand and concentrate power in the executive branch of government is historically consistent with pas t administrations. In my opinion, the Obama administration’ actions, as described in the Guardian article, are improper, beyond the scope of the executive branch’s authority, and at the very least violate the First Amendment of the United States Constitution. While information pertinent to national security, such as strategic military plansRead MoreGovernment Power and Authorities1111 Words   |  5 Pages(Chapter 2) Define Federalism and Separation of Powers, Identify the Major Sources of State and Federal authorities explicit to the Constitution, and explain why the division of powers architecture was important to the Framers. Federalism is the division of Governmental powers and authorities between the State and Federal Governments. Separation of Powers is not actually labeled or defined within the constitution. However, the Framers of the constitution found â€Å"to avoid tyranny, a separation or divisionRead MorePresidential Power : Presidential Powers985 Words   |  4 Pagesand 21st centuries, presidential powers have been a massive controversy on whether the powers are expanding in the nation’s best interest or if the President is accumulating too much power in the government. In Christina Lyons article, Presidential Power, she develops a historical scope of past presidential powers, ranging from Reagan to Obama. Also, Lyons discusses the many issues arising of whether the President is in need of constrictions and restrictions on the executive powers or if Congress hasRead MoreDiscussing The Conflict Between The Bush Administration And Congress Over Signing Statements1291 Words   |  6 Pages Presidential Signing Statements When the President is presented with a bill to sign into law he has two choices under the Constitution. He can veto the law under Article I Section VII or faithfully execute the law under Article II Section III. Many political pundits believe that signing statements are illegal because they go against the presidential oath office. While others believe signing statements give the president more power, which goes against the system of checks and balances. Some membersRead MoreThe Reason for the Existence of Ammendments to the US Constitution1805 Words   |  7 PagesThe United States Constitution is one of the most famous documents in the world. This fame comes because it was the first of its kind; a special document that is so much more than just ink on paper. Many have tried to imitate and emulate it, with varying degrees of success. In the vast and lengthy span of human history, the United States Constitution is truly something remarkable. A new age of government and democracy was born from the creation of this document. Never before had the world seen aRead MoreThe Reign of Bush-Obama and their Power Essay1386 Words   |  6 Pagesinfluential and the most important position in the U.S. government. However, the powers granted to Presidents and the prerogative they have exerted are not listed in the Constitution but instead have been adapted and expanded upon by each President. Although the Constitution does not define the powers of the President, it has defined Presidential powers in terms of peace, war, and emergency. A recent expansion of Presidential power, exerted by Bush and then Obama was this â€Å"War on Terror (WOT)†. PresidentRead MoreThe United States Federal Government1346 Words   |  6 PagesSupreme Court. Based on the Constitution of the United States, the federal system, and the separation of power, the three branches exist and each represents the three institutions, the legislative branch is vested by the Congress, the judicial bran ch is vested by the Supreme Court, and the executive branch is vested by the President. The three distinct branches are respectively independent of each other, providing checks and balances, and preventing the abuse of power existed in the government. TheRead MoreThe French and Russian Revolutions: Before and After1222 Words   |  5 PagesIvan demonstrated authoritarian rule through his destruction of government institutions that interfered with his consolidation of power and developed a personal police force to terrorize political oppositions. This type of authoritarian leader continued in Russia through leaders such as Vladimir Ilich Lenin and Joseph Stalin. After Lenin, and the Communist Party, took power after a revolutionary victory in 1917, Russia was renamed the Soviet Union and broken up into 15 districts. The USSR recognizedRead MoreExpanding Powers Of Presidency : The United States Government941 Words   |  4 PagesPrompt 2 April 11th, 2016 Professor Armitage Expanding Powers of Presidency The President is regarded as the most powerful individual in the United States government nowadays, with powers expressed in the constitution or congressional act, inferred from the constitution, or assumed by himself. While the executive branch appears the most powerful at current times, most framers had thought that legislative branch would possess the most power. In The Federalist No. 51, James Madison expressed his concerns

Herbert Spencer Quotations on Education

Herbert Spencer  was an English philosopher, prolific writer, and advocate of education, science over religion, and evolution. He wrote four essays on education and is known for espousing that science is the knowledge of the greatest worth. Herbert Spenser Quotations â€Å"Mother, when your children are irritable, do not make them more so by scolding and fault-finding, but correct their irritability by good nature and mirthfulness. Irritability comes from errors in food, bad air, too little sleep, a necessity for change of scene and surroundings; from confinement in close rooms, and lack of sunshine.† â€Å"The great aim of education is not knowledge, but action.† â€Å"For discipline, as well as for guidance, science is of chiefest value. In all its effects, learning the meaning of things is better than learning the meaning of words.† â€Å"Those who have never entered upon scientific pursuits know not a tithe of the poetry by which they are surrounded.† â€Å"Education has for its object the formation of character.† â€Å"Science is organized knowledge.† â€Å"People are beginning to see that the first requisite to success in life is to be a good animal.† â€Å"In science the important thing is to modify and change ones ideas as science advances.† â€Å"The behavior of men to the lower animals, and their behavior to each other, bear a constant relationship.† â€Å"It cannot but happen†¦that those will survive whose functions happen to be most nearly in equilibrium with the modified aggregate of external forces†¦This survival of the fittest implies multiplication of the fittest.† â€Å"Progress, therefore, is not an accident, but a necessity†¦It is a part of nature.† â€Å"The survival of the fittest, which I have here sought to express in mechanical terms, is that which Mr. Darwin has called natural selection, or the preservation of favored races in the struggle for life. â€Å"When a mans knowledge is not in order, the more of it he has, the greater will be his confusion.† â€Å"Never educate a child to be a gentleman or lady alone, but to be a man, a woman.† â€Å"How often misused words generate misleading thoughts.† â€Å"The ultimate result of shielding men from the effects of folly, is to fill the world with fools.† â€Å"Every cause produces more than one effect.† â€Å"Government is essentially immoral.† â€Å"Life is the continuous adjustment of internal relations to external relations.† â€Å"Music must take rank as the highest of the fine arts - as the one which, more than any other, ministers to the human spirit.† â€Å"No one can be perfectly free till all are free; no one can be perfectly moral till all are moral; no one can be perfectly happy till all are happy. â€Å"There is a principle which is a bar against all information, which is proof against all arguments and which cannot fail to keep a man in everlasting ignorance - that principle is contempt prior to investigation.† â€Å"Much dearer be the things which come through hard distress.† â€Å"We too often forget that not only is there a soul of goodness in things evil, but very generally a soul of truth in things erroneous.† â€Å"Our lives are universally shortened by our ignorance.† â€Å"Be bold, be bold, and everywhere be bold.†

Design Management And Modern Project Management Essay

Introduction Project management is ovary found in many scenarios. It is a universal practice that comprises few basic concepts. In essence, every project in the world will require project management. Project management has different sides and variations. Nonetheless, the basic principles are the same for the different varieties. It is important to note that each variation has unique features. These features are used to address unique problems and conditions as specified by each domain. Two types of project management exist. The two are traditional project management and modern project management. Traditional project management The traditional project management method is widely known for the use of orthodox approaches and techniques in management. The methods have been in practice for decades. The long existence of the model stipulates that they are favorable for most domains. Even so, the evolution of technology and business models called for a change in managing projects. The traditional project management is best defined as a process or a set of factors used as tools (Furukawa, 2016). The tools are used to model an activity with the aim of seeking an end product, outcome or service. The methodology is established for running projects following a subsequent cycle (Mun Yoon, 2016). There are several steps involved in executing the process. These measures include initiation, planning, executing, monitoring and controlling. For each of these factors mentioned, there areShow MoreRelatedLetter Of Motivation And Statement Of Purpose Essay1462 Words   |  6 Pagesenclosed in this this application. Just before my National Youth Service, I proceeded for a project management training at Piston Fusion Institute, afterwards obtained Health, Safety Environment training at Joint Professionals Training Support Institute. I have worked as a studio/design architect at Archidimz + C.Pm for three years and as a site/project architect for three years at Archplus Designs Ltd. In the course of discharging my duties, I realized that I need more knowledge to be ableRead MoreCp Lab Report1016 Words   |  5 Pagesmethodology. As a Linux/Infrastructure Engineer my first project was to Jenkins installation on AWS. Jenkins is an open source automation DevOps tool written in java. Jenkins helps to automate the non-human part of software development process, with continuous integration and facilitating technical aspect of continuous delivery(CD). During this project I setup one master node and two Jenkins slave nodes for CI and CD. I create one project on it and I used git for code our development team submitRead MoreProject Management Team For Developing The Automated System For Grand Acres Golf Course1260 Words   |  6 Pagesmethodologies for project management are still vastly used today. In this paper, I will discuss the two development methodologies, the traditional development methodology (Waterfall) and the modern development methodology (Agile, Iterative) in great detail to examine which development methodology of the two mentioned should be opted and be favorable for the project management team for developing the automated system for Grand Acres Golf Course. Key Words: Traditional methodology, Modern methodology, AgileRead MoreSystems Analysis Design And Project Management Individual Assignment1371 Words   |  6 Pages Systems analysis design and project management Individual Assignment Raad Alteimeh University of North Alabama CIS 625-I03 Enterprise Systems Analysis Design Professor David Nickels System analysis and design Information system analysis and design is a complex, challenging, and stimulating organizational process that a team of business and systems professionals uses to develop and maintain computer-based information systems (Valacich, J. S., George, J. F. (2017). It is a process thatRead MoreProject Manager : Mgt609 Team H. Business Need1208 Words   |  5 PagesProject Scope: Project Manager: MGT609 Team H Business Need: The original Yankee stadium was constructed at its present site in 1923. Over the past 82 years, the stadium had undergone several expansions and renovations. The most extensive improvements were made approximately 30 years ago when the stadium was almost completely demolished. In the course of recent years, the stadium had experienced a few developments and redesigns. The most broad changes were made roughly 30 years back when the stadiumRead MoreChanges And Development Of Project Management999 Words   |  4 PagesChanges in Project Management Abstract This report discusses changes in project management in today’s world of ‘internet time’ and dominance of ‘time-to-market. It also lays emphasis on alternative development methodologies instead of traditional methodologies which should be adapted in order to prosper in today’s tempestuous environment. In this modern world, business needs are changing at a fast pace and to confront these changes new and advanced development methodologies should be practiced forRead MoreRole Of Project Management On Restaurant Development981 Words   |  4 PagesRole of Project Management in Restaurant Development Opening a restaurant is not a simple process. There are various checklists that needs to be gathered first. Once all the checklists are available, selection process will begin. At that period various options needs to be eliminated and potential options should be kept. Project management plays an important role to ensure the available options are implemented within a budget and estimated timeframe. According to Fabris (2014), space design, vendorRead MoreA Troubled Project at Modern Materials Inc1066 Words   |  5 PagesA Troubled Project at Modern Materials, Inc. A Review of the Literature Makeba N Clark Regis University Author Note This Paper Was Prepared For MSCC 610 Taught by Charles Thies A TROUBLED PROJECT AT MODERN MATERIALS Abstract In 1991 through mergers and acquisitions Modern Materials, Inc. was established. They manufacture product that are used as raw materials by large manufacturing companies and the construction industry. After the merger in 1994 in an effort to retain bothRead MoreRisk Management : The Technology Intensive Organizations Essay796 Words   |  4 PagesRisk management: The technology intensive organizations using the analysis approach to forecast risk associated with tasks and process that used for producing goods and services. This kind of approach and management practices helping organization to maintain the proper workflow by considering the risk factors. In addition to this, manager are using schedule compression analysis to evaluate the key barriers and develop plan to achieve objective more efficient manner. Traditional management approachRead MoreQuestion 1. . Question 2. Middleware Definition . Software1196 Words   |  5 Pages Middleware is a piece of software that connects various software components or applications so they can exchange data easily. It includes web servers, application servers, content management systems, and similar tools that support application development and application delivery. It is especially integral to modern information technology based on XML, SOAP, Web services, and service-oriented architecture. Middleware Examples: Android The Android operating system uses the Linux kernel at its core

A Dolls House, by Henry Ibsen Essay - 1263 Words

In Henrik Ibsen’s A Doll House, a drama written in the midst of an 1879, middle-class, suburban Europe, he boldly depicts a female protagonist. In a culture with concern for fulfilling, or more so portraying a socially acceptable image, Nora faces the restraints of being a doll in her own house and a little helpless bird. She has been said to be the most complex character of drama, and rightfully so, the pressure of strict Victorian values is the spark that ignites the plays central conflicts. Controversy is soon to arise when any social-norm is challenged, which Nora will eventually do. She evolves throughout the play, from submissive housewife to liberated woman. It seems as though what took women in America almost a century to†¦show more content†¦He continues with many other references to birds, all little, helpless, pretty birds—which soon take on a metaphorical meaning, just as Nora is a doll in her own house, she also is a little bird afraid to fly. At first the nicknames seem cute and fitting to Nora’s behavior, however throughout act one the names become excessive and we start to understand Torvald’s reality which will eventually be compared to Nora’s reality. She plays along, lets him take care of her, begs for money, and deceivingly eats macaroons behind his back. Our first impressions of Nora suggest, a weak, greedy, dependent, stupid, little girl. Torvald comforts Nora and displays his power as she begs him for money, still making bird references: â€Å"Now, now, the little lark’s wings mustn’t droop† and â€Å"What are those little birds called that always fly through their fortunes?† (823) Nora knows she has wings, she only knows how to use them for twittering about, and spending money. Nora knows her place in the house, she understands that she must ask Torvald to spend money, unlike many modern marriages where the wife also makes money and â€Å"what’s mine is yours.† We are confronted with another important line in the first few pages of act one, â€Å"Nora, Nora, how like a woman! No, but seriously, Nora, you know what I think about that. No debts! Never borrow,† Torvald presents his position on the idea of borrowing and feels very strongly against any form of debt (823). NowShow MoreRelatedThe Doll s House By Henry Ibsen And The Glass Menagerie1101 Words   |  5 Pages102 11-15-2015 Paper 2 According to â€Å"The doll’s house† by Henry Ibsen and the â€Å"Glass Menagerie† by Tennessee Williams, women are portrayed as very resilient characters capable of overcoming adversity, both plays tell strong stories about feminism. Literally, Feminism is the advocacy of women’s right on the ground of social, political and economic equality to men. Henry Ibsen sets up the female main character, Nora, as a wife. However, unlike Henry Ibsen, Tennessee Williams features Tom, a male characterRead MoreCompare and Contrast Five Stories to A Dolls House881 Words   |  4 PagesCompare and Contrast In â€Å"A Doll’s House† Torvald Helmer and Nora start out to seem as a happy married couple with three young children. In the beginning Nora is seen as woman who cares about her children and her husband but someone who also cares greatly about money. Torvald is seen as a man who is important in the society. Nora was portrayed as a very caring wife when it is revealed that she borrowed money illegally from Krogstad to fund the trip to Italy to try and save her husband life becauseRead MoreA Doll House by Henrik Ibsen1712 Words   |  7 PagesIn Henrik Ibsen’s play, A Doll House, Nora Helmer represents many feministic ideals of the late eighteen hundreds. The ending is often what the play as a whole is remembered by, due to its shocking nature. Nora, the female lead of the play decides to leave her home suddenly, after a confrontation with her husband Torvald and never returns. Many saw this as a huge decision that was made abruptly, however what they fail to no tice are the aspects that motivated Nora from the start of the play. At firstRead MoreA Doll’s House: Nora Essay896 Words   |  4 PagesWhen the door slams at the end of â€Å"A Doll’s House† by Henry Ibsen, No one would not believe the woman walking out of her house is the same one who appeared at the beginning of the play. The main character in this play is Nora. Nora goes through a complete transformation, changing from a child like and dependant woman to a self strong woman pushing to become independent. Ibsen portrays the roles of society in the Victorian times in this play. Throughout her whole life, Nora’s husband and fatherRead MoreHenrik Ibsen s A Doll s House1762 Words   |  8 PagesHenry Ibsen s play, A Doll’s house, revolves around characters whose love in marriages differs from the average relationship. The two main characters, Nora and Torvald, have issues of love which Ibsen portrays as deceptive in the eyes of readers. The sto ry involves a selfish action Nora takes to help save ill Torvalds life, which later under a serious agreement she falls into trouble with risking the marriage. Readers learn that she loved Torvald and would exceed limits to save him. From FurtherRead MoreNora Helmer s A Doll s House2548 Words   |  11 Pagesdignity just to play the role in his life. When the door slams at the end of â€Å"A Doll’s House† by Henry Ibsen, No one would not believe the woman walking out of her house is the same one who appeared at the beginning of the play. The main character in this play is Nora. Nora goes through a complete transformation, changing from a child like and dependant woman to a self strong woman pushing to become independent. Ibsen portrays the roles of society in the Victorian times in this play. Throughout herRead MoreExistentialist traits in works of Henrik Ibsen1442 Words   |  6 PagesHenrik Ibsen (1828-1906). The Norwegian playwright, Henrik Ibsen a was an advocator of individualism and was against the social norms which shape the lives of human beings. His characters live themselves out in the spirit of reckless and vehement self-assertion - superman and superwomen. Ibsen was a believer in freedom to will. Many of his characters can be seen in this light who reject to be shaped by some force outside their own will. . In his famous and controversial play A Dolls House theRead MoreIbsens a Doll’s House and Gender Roles Essay example1801 Words   |  8 PagesKelly Thompson Gender Studies Dr. Smith 6-18-09 Ibsens A Doll’s House and Gender Roles Introduction It has been experienced from time immemorial that there has always lain a very big and noticeable gap in the roles that both women and men play in the everyday societal developments. The issue according to most of the renowned researches is more elusive to the women as they are the ones that are mostly faced by the double standards in the society and this could include very harsh challengesRead MoreEvolution or Revolution - Recurring ideas in Ibsen, ONeill and Shepard3024 Words   |  13 PagesRecurring themes, ideas and conventions in the dramas of Ibsen, ONeill and Shepard. Throughout the history of drama, playwrights have appropriated the ideas of their predecessors for their own use, sometimes building on them and making the idea their own. American drama is no exception. American drama has its roots firmly entrenched in modern European drama, this is illustrated through the influence of Norwegian playwright Henrik Ibsen on American playwright Eugene ONeill. ONeill once wroteRead MoreWhy Is Natural Science?1602 Words   |  7 Pagesof artwork represents the artists’ outlook of the world. If they have a unique outlook which is represented by their artwork, then they could contribute to a paradigm shift of social beliefs. For example, in English, we studied â€Å"A Doll’s House† - a play by Henry Ibsen. In the play, it is clear that he believes men and women should be equals; he wrote it in a time where the opposite was true. Thereby, it could be said that through the performance of this play, he was able to show people the faults

Cheese and Technical Manuals Free Essays

Sets (Part I) 1. List all the subsets of { 8, 16, 27, 31, 60} { } {8} {16} {27} {31} {60} {8, 16} {8, 27} {8, 31} {8, 60} {16, 27} {16, 31} {16, 60} {27, 31} {27, 60} {31, 60} {8, 16, 27} {8, 16, 31} {8, 16, 60} {8, 27, 31} {8, 27, 60} {8, 31, 60} {16, 27, 31} {16, 27, 60} {16, 31, 60} {27, 31, 60} {8, 16, 27, 31} {8, 16, 27, 60} {8, 16, 31, 60} {8, 27, 31, 60} {16, 27, 31, 60} {8, 16, 27, 31, 60} 2. Determine the number of subsets of {mom, dad, son, daughter} 16 3. We will write a custom essay sample on Cheese and Technical Manuals or any similar topic only for you Order Now At MegaSalad, a salad can be ordered with some, all, or none of the following set of ingredients on top of the salad greens: {ham, turkey, chicken, tomato, feta cheese, cheddar cheese, cucumbers, onions, red peppers, hot peppers }. How many different variations are there for ordering a salad? 1024 4. Let U = {q, r, s, t, u, v, w, x, y, z} A = {q, s, u, w, y} B = {q, s, y, z} C = {v, w, x, y, z} Determine A ? (B ? C) A intersect (qwyzvx) = {q,w,y} 5. Use the Venn diagram to list the set of elements in roster form. Find A ? B. {b, e, j, h, n, u} Sets (Part II) Also, for the first SLP I want you to put into practice what you have learned about sets and functions. I want you to create three sets, set A, set B, and set C by going through the items you use at work (or in your field). * Set A will be a list of all of these items. {wrench, technical manuals, computer, cigarettes} * Create Set B, from the items in Set A that you think are essential. {wrench, technical manuals} * Create Set C, by taking the complement of Set B in Set A, i. e. all of the non-essential items. {computer, cigarettes} * Are sets B and C proper subsets of set A? Explain. Sets B and C are proper subsets of set A because each element of B is an element of A but B isn’t equal to A. You are a Motor Sergeant in charge of a motor pool and the responsibility to ensure maintenance is properly being conducted. Your set A could consist of all of the items you use while working {wrench, technical manuals, computer, cigarettes} while set B could consist of items you use outside of the motor pool {computer, cigarettes}. Set C could be items that you need while working on a vehicle {wrench, technical manuals}. Both Set B and C are still considered proper subsets of A because each subset contains at least one element. How to cite Cheese and Technical Manuals, Papers

Corporate Law and Social Norms

Question: Discuss about the Corporate Law and Social Norms. Answer: Introduction: Business processes are complicated and include a number of these situations. Some of these situations are so complicated that they can lead to the confusion among different people. The very first thing which comes into picture is if Bella can be appointed as the managing director of the two companies or not. The answer to the question is yes, Bella can work as the separate Managing director of both of the companies. She can work and promote both the companies efficiently and effective. In the entire case, Bella hasnt done anything which is unlawful. She initially created a successful company with Leon. She initially refused to promote the product because it was unlawful as the company only used to sale female products by the time. Thereby, the company will refuse the acceptance of this product (Bloomenthal, 1972). Leon and Bella then create another company in which the products are successful. When Bella knew that the products made by the company are very successful, she ensured that she bring the same product to EY. Because of her initiative EY earns a huge profit. The step taken by Bella as a Managing Director of EY is a positive step as EY Earns a huge profit by the overseas selling of the soap. Bella didnt do anything which is against the law (Eisenberg, 1999). She didnt cheat any of the company and worked as an individual for both. Her decisions were completely independent with respect to both the companies. She worked for the betterment of both the company on the individual basis. Thus the argument should be for Bella. She ensured that EY continues to be successful and earn maximum profits. The only argument against her is that she should have told the board of directors of EY when she had opened a new company in partnership with another company. This would have created a better image of her on the personal level. It is good to inform about your professional initiatives to the company for which you are working (Blair Stout, 1999). According to the companies act, a person who is working as a managing director of one of the company can become the MD of another company only with the unanimous resolution of the board of directors (Cary, 1974). Thus, on this part Bella may be wrong. She should have ensured that while taking this step, she do not break the trust which EY has on her. Though EY will not be taking any kind of legal action against Bella, they will not be as comfortable working with Bella as they were previously. Should Bella have been present at the board meeting when the contract with WHS was discussed and voted on? Being the Board of director of the company, Bella should have been present at the meeting of Board of Directors. This is important as she is the MD of the company and she has the right to be the part of each and e very important decision and the meeting which is being taken in the company. But along with the same, she should have informed about her being the director of WHS as well. It was her initiative to promote WHS amidst the board of directors. The wrong thing she did was to take commission for getting WHS deal for the EY Company (Charny, 1991). Being her own company, she never had to make any efforts for getting WHS or convincing them. This is such a point at which she must not have lied at all. Also when the voting was required to be done regarding the business with WHS, Bella shouldnt have been there. She was the director of WHS PVT. LTD, thus she would always be in favor of bringing the WHS Soap in order to ensure that WHS earns more and more profit (Clark, 1986). Thus, her vote is based not actually on the discussion of the board, but somehow it also reflected the personal interest which she had for the same (Kraakman, 2009). According to the companies act, Whenever a managing director of the company is working for more than one company, he can actually earn the profits from either one or both the company only under the condition that the amount of remuneration which has been drawn from one company doesnt actually exceed the higher limit which may be permissible from any one of the companies (Easterbrook Fischel, 1996) Therefore, it would have been a wise decision for Bella not to be the part and parcel of the voting decision. Should the contract also have been disclosed to the general meeting for approval before EY went ahead? She has the complete right to inform the board of directors regarding a good product which can help the company to earn good amounts of profits. But, on the contrary she doesnt have the right to vote for involving that product being a part of the company. In addition to this, she shouldnt have taken the commission from the EY Company for getting that product idea ((Easterbrook Fischel, 1983).. This is not correct as per the law and also it can be considered as a breach of trust by the EY Company. Therefore, it was important that Bella should have informed about the contract which she has with the WHS Company. By doing this, she would have increased her prestige in the EY Company as she wouldnt be charged of hiding any important information nor she would have crossed the other board of directors. The contract should have been approved by the general Manager before the meeting related to the business with the WHS Soaps PVT LTD. No one would have stopped Bella to enter into contract with WHS PVT. LTD. as it was her own decision (Easterbrook, 1997). Also, the companies act clearly states that one person may be the MD of more than two companies. Therefore, it was not wrong by law. But the company with which you are working should be informed with respect to the initiatives taken by the company on the number of other perspectives (Coffee, 1989). What general law or statutory remedies (if any) should EY seek against Bella? There can be the case against Bella by the company for using her position as the member of Board of Directors on wrong grounds. She can be charged against Delinquent directors under the Companies Act 71 of 2008. The company cant charge Bella for being the director of another company as it is legally allowed by the law unless she doesnt file an independent income tax for both the companies (Hovenkamp, 1996). This may only be an issue in case both the companies are competing with one another. Under such a condition, the company signs an agreement with every employee and the director that he/ she cant work in the other company (Baysinger Butler, 1985). Therefore she wont be charged for this. But, there can be a case on the basis of hiding the important information which was required to be told. It was very important for her to tell this information and not to hide from the other team members. By hiding the important information from the board of directors, she is done wrong. More than this, she did wrong by asking for the commission for getting the product. Being the director of another company it was her decision whether to bring the product of WHS PVT. LTD to EY Company or not. Thus, she didnt make any special efforts for which she earns a commission (Hansmann Kraakman, 2000). Bella will be charged against the law as she fail on the following grounds: While a director, contrary to s 76(2)(a) of the Act, took personal advantage of information or an opportunity, or intentionally or by gross negligence inflicted harm on the company or a subsidiary of the company She earned profits from the company on the wrong grounds therefore the company may be charged against her under this act. She took personal advantage from the information which she already had. What statutory penalties (if any) can be imposed against her? Who can impose them? There can be penalties against her if the wrong done by her is proven in the court. The impact of the order of delinquency is that the person who is the member of the board of directors may be disqualified from being the director of the company. This is such an order which may be unconditional and may also subsist for the entire lifetime of the director. But if the other board of directors forgives her, the probation order may end up in the time period of five year. In addition to this, the court may also ask her to pay the compensation to a person who has been adversely impacted because of his or her conduct. Therefore, if the courts decide that Bella have to pay the compensation, she would have to return the entire amount that has been earned by her as a commission for getting the product of WHS PVT. LTD. In addition to this, she also has to pay the fine to EY Company for being involved in the misconduct (Grossman Hart, 1988). The court will charge her because she fell short of th e standards which are expected from the director of EY to such an Extent that it has led to the willful misconduct, breach of the trust with EY Company and the wrong use of her position as the director of the company. How can Max be appointed as a director and company secretary of EY? Are there any legal barriers to this appointment? After the impact of her act in the company, Bella is planning to get his son Max into the company. At present, he is studying business degree in the New Zealand. Also he is 25 years of age. In order to bring her into the company, the first thing she needs to do is to speak with the other board of directors and convince them that she wont work for personal benefits of the company (Roe, 1991). She should not remove Renna as this will lead to the creation of a negative environment in the court and all the new directors will not be able to put up their decisions in an independent manner. She shouldnt have the complete control on the company as she is the board of directors. She should respect the views of other board of directors as well and should give due respect to everyone (Sklar, 1988). By doing this, she will be respected in the board and everyone would work for the companies interest. If the other board of directors will believe that she is doing everything for her personal and in dividual benefit, they will not respect her and the company. Instead she must accept her mistake and should request the other board of directors to forgive her. She should speak of Renna instead of removing her from the board of directors. This is the time when Bella need to make the wise decisions. Also, she needs to inform other members that she wants to bring in his son at a managerial role in the company. Also, she must convince every board of director to understand that how his son is capable of working for the company on the role assigned. It is important to have a discussion if her son Max is capable of working in such a role for which he is designated (Romano, 1993). How can Renny be removed from the board? Renny can be removed from the board of directors if and only if it is proved that she is doing something unlawful. What she is doing now is completely justified and within the laws. Therefore, at this point of time it may not be suitable to remove her. She is being a responsible board of director and is thinking for the overall growth of the company rather than thinking for her own self (Roe, 1996). But if Renny does something which is against the company, she can be removed from the board of directors. In case, Renny will be removed from her position in the present times, it may be unlawful for her. Also she may do a case against the company. This would hamper the image of the company and the conflict going within the company will be reflecting to the outsiders as well (Bebchuk, 1989). This will further distort the company and will impact its brand value. How can EY adopt the proposed constitution for the company In the present scenario it is not worth for the company to accept the new constitution proposed by Bella. This will lead to the creation of the situation of crises within the company and will also impact their brand image. Thus, the proposal related to the company should be need to given a thought before consideration of the same. References Bloomenthal, H.S., 1972.Securities and Federal Corporate Law(Vol. 1). Clark Boardman Co.. Blair, M.M. and Stout, L.A., 1999. A team production theory of corporate law.Virginia Law Review, pp.247-328. Bebchuk, L.A., 1989. Limiting contractual freedom in corporate law: The desirable constraints on charter amendments.Harvard Law Review, pp.1820-1860. Baysinger, B.D. and Butler, H.N., 1985. Corporate governance and the board of directors: Performance effects of changes in board composition.Journal of Law, Economics, Organization,1(1), pp.101-124. Coffee, J.C., 1989. The mandatory/enabling balance in corporate law: An essay on the judicial role.Columbia Law Review,89(7), pp.1618-1691 Cary, W.L., 1974. Federalism and corporate law: reflections upon Delaware.The Yale Law Journal,83(4), pp.663-705. Charny, D., 1991. Competition among jurisdictions in formulating corporate law rules: An American perspective on the race to the bottom in the European communities.Harv. Int'l. LJ,32, p.423. Clark, R.C., 1986.Corporate law. Little, Brown. Easterbrook, F.H. and Fischel, D.R., 1996.The economic structure of corporate law. Harvard University Press. Eisenberg, M.A., 1999. Corporate law and social norms.Columbia Law Review, pp.1253-1292. Easterbrook, F.H. and Fischel, D.R., 1983. Voting in corporate law.The Journal of Law Economics,26(2), pp.395-427. Easterbrook, F.H., 1997. International corporate differences: Markets or law?.Journal of Applied Corporate Finance,9(4), pp.23-30. Grossman, S.J. and Hart, O.D., 1988. One share-one vote and the market for corporate control.Journal of financial economics,20, pp.175-202. Hovenkamp, H., 1991. Enterprise and American law, 1836-1937.Cambridge (Mass.)/London. Hansmann, H. and Kraakman, R., 2000. End of History for Corporate Law, The.Geo. LJ,89, p.439. Kraakman, R.H., 2009.The anatomy of corporate law: A comparative and functional approach. Oxford University Press on Deman Roe, M.J., 1991. A political theory of American corporate finance.Columbia Law Review,91(1), pp.10-67. Roe, M.J., 1996.Strong managers, weak owners: The political roots of American corporate finance. Princeton University Press. Romano, R., 1993.The genius of American corporate law. American Enterprise Institute. Sklar, M.J., 1988.The corporate reconstruction of American capitalism, 1890-1916: the market, the law, and politics. Cambridge University Press.

Business Plan of the Sydney of Art Gallery Hotel

Question: Describe about the Business plan of the Sydney of art gallery hotel? Answer: An introduction: In Sydney there is one art gallery hotel which provides value for money services for the tourists. The issue here is that the hotel is small and the business operation is also not so organized. Therefore the business plan of art gallery hotel, Sydney consists of the following features. To improve the business operation increasing efficiency and bringing more professionalism in work. To make efforts to increase size if possible. To attract more customers. To apply changes in the management system so that the business grow and prosper. Business premises The business premises are located near the popular area where all the tourist attractions are located. This way the hotel has to offer a view of the rich cultural background in Sydney, Australia. The tourist therefore has easy access to the favorite tourist spots along with the local cultural and art events that are an attractive feature of the Sydney area. In Sydney there is only one art gallery hotel exists. However, the main problem with the hotel is that it is small and the entire management is not so much organized. The main purpose of the research will be to identify whether establishing an organized art gallery hotel in Sydney will be very much feasible or not. The market Market includes the customers who avail the benefit of the facility and services offered by the hotel. The business actually tries to identify the potential customers who are interested and in need of the service. This way the efforts are made to attract those potential customers through display of services and addition of schemes so that the value for money can be realized by the customer later on. Target market The target market for Art Gallery Hotel includes tourists who come to the place for sightseeing. These people stay in hotel for few days and view the surroundings of Sydney which they are tempted with. The target market for Art Gallery Hotel includes the followings. 1. National customers who come from distant places within Australia to view the beauty of Sydney. These people include the art loving people who prefer sight-seeing of local attractions like museums, monuments and old buildings in Sydney. 2. International customers who come from United States of America, United Kingdom and various other Asian countries to view the rich cultural heritage of Australia. These include people who are tempted towards sight-seeing of old monuments as well as new modern structures around the world. Sydney therefore meets both the requirements and offers them a convincing and realizing stay. Marketing strategy The marketing strategy includes the efforts made by the company to attract the target market potential customers. These potential customers can appreciate sales after the application of well-planned marketing strategy. These way efforts are made to achieve the sustainable competitive advantage for the company so that it grows and prosper in future. Art gallery hotel needs to follow a proper marketing strategy policy to attract the customers which includes the steps that are required to be followed. Understanding the requirements of the customers. At this stage the customer requirement is required to be identified and recognized by Art Gallery management so that the required changes are brought within an organization and the marketing strategy therefore can concentrate on bringing those improvements and displaying them to the customer through advertisements. Analyzing market conditions. The market conditions needs to be analyzed so that the appropriate marketing strategy can be framed out. The market conditions at present is not so business supportive. After the slowdown of 2008, people are less with lesser disposable incomes which has affected their abilities to spend more on leisure. Therefore the Art Gallery Hotel should offer plans which are cost effective and proves value for money. Analyzing competitors and competition. The competitors acts and marketing strategy that adds to the competition requires to be analyzed well in advance. This will help in framing schemes and promotional program initiated by Art Gallery Hotel proves cutting edge advantage for the potential customers who can compare its features with other hotels. Research distribution Proper research is required to be made by the management of the Art Gallery Hotel so that the data mining and data analysis is done on the reliable data inputs that are relevant to the research. Also the research will be made to bring legal applications in the hotel set up which includes the followings. Registering of the business name. Registering for Australian Business Number or ABN. Registering for Tax File Number or TFN. Register for Pay As you Go Or PAYG Register for Goods and Services Tax or GST. Register for Payroll tax. Register for Fringe Benefit Tax or FBT. (AustralianGovernment, 2015) Defining the marketing mix The defining of marketing mix like product, promotion, place, price etc should be done with a view to keep the customer as a central point so that they can be tempted towards the purchase of hotel facilities and services. Making financial analysis The financial analysis will help in estimating the amount that is required to be spent so that the desired outcome is achieved. This way the changes required can be applied and efforts can be made to achieve customer satisfaction. Framing a marketing strategy At this stage the most desirable marketing strategy is identified which meets the requirements of the business and discontinues the effects of various financial and time constraints. Reviewing the marketing strategy The marketing strategy framed out needs to review at regular intervals so that the drawbacks can be removed and the effectiveness of the marketing strategy can be increased through changes as per the requirements. The marketing strategies can be depicted as follows. Environmental/industry analysis The environment or industry analysis can be done using the Porters five force model which takes into consideration various aspects which are depicted as below. Industry rivalry. Art Gallery Hotel can make industry analysis by identifying the industry rivalry. That is recognizing the other hotels in the area along with their offers and schemes so that the level of competition and the identification of competitors can both be made. Buyer power. The buyer power includes the ability of the customer to bargain. Therefore the buyer power in the area that are looking for hotel lodging facility and related services needs to be identified so that the pricing and service offers are made accordingly to meet the demands of the customers. The buyer power is higher in this case as the customers have a lot more options to select in hotels in Sydney area. Seller power. The seller power includes the ability to fix price and place the service options to the customers. The seller power of Art Gallery Hotel is lesser as the place is small and the management is also not well organized. Threat of substitutes. The threat of substitutes always remains for Art Gallery Hotel in Sydney because there are various other big size hotels and lounges which offer similar services. This way the service of Art Gallery Hotel can easily be threatened with the substitutes offering similar services. Threat of entrants. The new entrants includes new hotel set up that are actually increasing in the Sydney area. This has resulted in increasing threat to the business of the company which requires immediate reformation for existence and sustenance. Customers The customers of the Art Gallery hotel are actually tourists who are either domestic or international. These tourists mostly constitute the art lovers who come to the city for sight-seeing the monuments, sculpture, old building and relive the cultural heritage of Australia. These customers range from young to old as there is no limit or age for art loving and moving around. Also the customers from different background, religion and countries come to Sydney to view its beauty and cultural heritage. (Porter, 2008) Customer demographics The customer demographics for Art Gallery Hotel include the followings. 1. The tourists coming to Sydney includes middle aged people who are followed by children and other family members. 2. The age range for the people coming in Sydney and staying at Art Gallery hotel ranges between 5 years to 65 years. This way there is no age factor that affects the tourist from coming to Sydney. 3. Mostly the married people come to Sydney with a view to give their families a good time at the cultural rich place. 4. There is no gender factor that affects the tourism coming to Art Gallery Hotel for sight-seeing in Sydney. Key customer The Key customers of the Art Gallery Hotel are mostly those people who are in search of value for money These people are mostly low to middle class people who wants to save money while touring to different places The key customers therefore are cost saving people who wants to safeguard their financial status while travelling by buying services of cost effective hotels(Ballou, 2007). Customer management The customer management can be achieved by Art Gallery hotel by providing the customers with the quality of service. Also the support to the customer during stay with the effective management can help the customer achieve satisfaction from their stay. This way the sales of the hotel can increase and more customers can be attracted. SWOT analysis SWOT analysis can help the Art Gallery Hotel in realizing their abilities and recognizing their inefficiencies so that they could take steps towards improvements. This can be discussed as follows. Strength Art Gallery hotel follows cost effective operation. The hotel is small in size therefore making it easier to handle through limited employees. Weakness The management of the hotel is not effectively working to meet up to the expectations of the customers. Hotel is not managed properly by its staff members. Opportunity It is a cost effective hotel service. It is present in the popular market place. It offers value for money. Threats A number of other well managed hotels are also present in the same area. The hotel lacks effective care and management as compared to other hotels. (Armstrong, 2006) Promotion and advertising Promotion and advertising are methods that could help in attracting potential customers towards the hotel. Art Gallery Hotel can use various promotional and advertising techniques to attract customers which includes the followings Offering heavy discounts through online booking. Offering discount coupons and vouchers to the customers looking for stay in Sydney area. Offering additional benefits along with the stay package. Advertising hotel name and its value services on the favorite television channels and even after favorite show or game. Hoardings of interiors and value added services on roads to convey the customers about the hotel management and services. (Acharyulu Shekhar, 2012) Risk management Art Gallery Hotel can use the risk management technique to identify and assess the level of risk to the business. This way prioritizing the risks that may cost high to the business can be done. The risk prioritizing for Art Gallery Hotel can be done as follows in the form of high to low risk. High to low risk priority: Competitor hotels in the area. Rising cost of management. Increasing customer expectations. Offering value for money through value added services by other hotels. Decreasing profit margins due to low tourist movement in the area. (Abiodun, 2009) Key personnel The key personnel that can bring the required change is the higher management of the hotel who can apply the required applications and changes in the hotel management so that the effective outcome is finally achieved. Current staff The current staff will be trained and if required new staff members will be added to appreciate the services provided by the hotel. Service The hotel staying service can be supported with food offering facility by adding breakfast, lunch and dinner. Capital need for start up The capital need for startup of the change process is nearly .25 million so that the estimated changes can be brought and the desired outcome is finally achieved. Bibliography Abiodun, E.J.A., 2009. Human Resources management, an overview. 110-121: Concept Publication. Acharyulu, G.V.R.K. Shekhar, B.R., 2012. Role of Value Chain Strategy in Healthcare Supply Chain Management: An Empirical Study in India. International Journal of Management., 29(1), pp.93-94. Adriana, B., 2009. Environmental Supply Chain Management in Tourism: The Case of large tour operators. Journal of Cleaner Production., 17, pp.1385-92. Armstrong, M., 2006. A handbook of Human Resource Management Practice (10th edition). London: Kogan Page. AustralianGovernment, 2015. Business. [Online] Available at: https://www.business.gov.au/Pages/default.aspx [Accessed 18 February 2015]. Ballou, R.H., 2007. The evaluation and future of logistics and supply chain management. European Business Review, 19(4), pp.332-48. Benn, S. Martin, A., 2010. Learning and Change for Sustainability Reconsidered: A Role for Boundary Objects. Academy of Management, Learning and Education, 9(3), pp.397-412. Brigham, E. Ehrhardt, M., 2013. Financial Management: Theory and Practice. Cengage Learning. McAfee, A., 2002. The impact of enterprise information technology adoption on operational performance: an empirical investigation. Production and Operations Management., 11(1), pp.33-53. Oribabor, P.E., 2009. Human Resource Management: A Strategic Approval. Human Resource Management, pp.9(4): 21-24. Porter, M.E., 2008. The Five Competitive Forces That Shape Strategy. Harvard business Review.