Breaking the Barriers Essay - 821 Words

Breaking the Barriers Going through dramatic experiences in life can drastically change a person and who they are. No matter what the situation may be, the occurrence leaves a lasting impact on the person. Perhaps one goes through trauma and learns the reality of dangers the world can bring. This is similar to what happens to a young boy in the novel, The Master Puppeteer, by Katherine Paterson. Jiro learns the meaning of having responsibilities and being educated. Through facing multiple challenges, he transforms from a shy, reckless boy into a mature, independent young man. Jiro begins working at the Hanaza as an inexperienced, clueless boy. â€Å"If he had no talent for reciting or music or puppet making, what would happen when he tried†¦show more content†¦Nevertheless, Jiro takes baby steps to overcome these obstacles and become a great puppeteer. As Jiro struggles to make his own choices, faces many challenges, and starts to become disciplined, he starts to break away from his cowardly, dependent self. â€Å"†¦for there, under the names of the senior foot operators, as left-hand operator, Jiro saw his own name.† (Paterson 79). Jiro feels totally astounded, and even a bit scared, that he was given such an important position. He is beginning to get more and more tasks and jobs to complete as he learns the ways at the Hanaza. During these times, he gains a lot more experience, which helps him in times when his part is crucial. Through completing the tasks, Jiro learns what is expected of him while operating a puppet and develops his abilities, becoming a better puppeteer. â€Å"Someone must have seen [Jiro’s] progress, because when the notice was put up for The Battles of Coxinga, his name was on it.† (Paterson 45). By this time, it is obvious that Jiro has gained a lot of experience. He is getting much bigger roles on stage, and his improvement is shown clearly to everyone working with him. This allows him to become more settled and comfortable with his job and responsibilities. After going through these trials, Jiro has finally built himself up and is a different person inside from who he was at the beginning. Through the tough challenges he faces, Jiro becomes more experienced, and independent. â€Å"Jiro, ofShow MoreRelatedBreaking through the Barriers Essay1649 Words   |  7 PagesWhy is schema theory the most important gendered issue facing young adults today? Does the definition of the word â€Å"gender† question whether one is male or female, or does it derive from something much deeper than that? Think back to childhood and try to recall some of the most popular toys. Most likely, females were given a baby doll, and males, an action figure of some sort. From early childhood all the way to late adulthood, Americans are taught the differences between a man and a woman byRead MoreThe Joy Luck Club : Breaking Barriers1075 Words   |  5 PagesGrace Pating Mr. Devine English 203H 8 September 2015 The Joy Luck Club: Breaking Barriers When people struggle to communicate with one another or disagree, the usual response is to ask questions and make an effort to fix the issue. Unfortunately, owning up to responsibility can be much more difficult when the argument is with a close friend or family member. Coming from two time periods, this is a prevalent issue for the women of the Woo family, especially since both individuals are intolerablyRead MoreThe Breaking Of Barriers By Elisabeth Israels Perry1295 Words   |  6 PagesThe Americas Dashawn Austin The Breaking of Barriers Women were such central forces in the progressive era and the increase of social cohesion mainly because they were everywhere. They were really dedicated when it came to their jobs, at home, and in their community. Whether them working as domestic workers, in farms, at a factory, or studying at school, women were basically in all areas that required labor intensive skills. They held jobs in manufacturing, offices, classrooms, and stores.WomenRead MoreA Brief Note On Breaking The Barriers Of Stigma1722 Words   |  7 PagesDisability: Breaking the Barriers of Stigma Literature Review The purpose of this review is to examine the existing literature around stigmatization and more specifically the stigmatization of those with physical disabilities and how this effects their social interactions. Suggestions for eliminating stigma will also be considered. The literature revealed common instances of stigmatization and common misconceptions that those with physical disabilities experience. Those with physical disabilitiesRead More High School Journalism: Breaking The Barriers Essay747 Words   |  3 Pages High School Journalism: Breaking the Barriers nbsp;nbsp;nbsp;nbsp;nbsp; nbsp;nbsp;nbsp;nbsp;nbsp;Throughout the many trials and tribulations of the adolescent years teenagers try to find many different ways to express themselves and discover who they are. There are different forms of expression including music, art, fashion, and, of course, writing. Whether it is through a personal journal used to express private feelings, or through the high school publications such as the schoolRead MoreBreaking Barriers Towards Investment Of Renewable Energy Essay2168 Words   |  9 PagesBreaking Barriers towards Investment in Renewable Energy The year is 2015 – and all of the cars are zipping around in the air, Jetsons-style, due to a â€Å"hover conversion† (Back to the Future Part II). That is how the 1989 movie, Back to the Future, Part II envisioned our world would be like in 2015. Even though that theory was proven wrong by time, the race for fuel of the future is on. With an unstable market for oil and over exploitation of fossil fuels, it will not be long before humanity willRead More Jackie Robinson: Breaking the Racial Barriers Essay3276 Words   |  14 PagesJackie Robinson: Breaking the Racial Barriers   Ã‚  Ã‚  Ã‚  Ã‚  On July 23, 1962, in the charming village of Cooperstown, New York, four new members were inducted into baseball’s Hall of Fame. As they gathered around the wooden platform, the fans reminisced about America’s national pastime. Edd Roush and Bill McKechnie, sixty-eight and seventy-four years old respectively, were two of the inductees that day (Robinson 142). They were old-timers chosen by the veterans’ committee. Bob Feller and Jackie RobinsonRead MoreEssay on Breaking Down the Barriers to Feminist Art Work1630 Words   |  7 PagesBreaking Down the Barriers to Feminist Art Work Every time a girl reads a womanless history she learns she is worth less. While studying art history in Pre-Industrial Visual Cultures this semester, one theme has become painfully obvious. There are few if any women artists included in the study of art history. If you dig deep into the books you can find mention of many unknown, unrecognized and often times very talented women artists from the past. Women in history are simply notRead MoreBreaking Through by Francisco Jimenez Lessons Learned Essay696 Words   |  3 PagesTop 10: Book Lessons Breaking Through by Francisco Jimenez 1. Breaking down barriers To break down a barrier, means to have an open-mind set to who you talk to, look at, and judge. In the book, Francisco experiences racial barriers that are created in his school. The students at his school easily judge others by their appearances and race. Since Francisco is Mexican, he is treated differently than others and faces hard times as he tries to â€Å"fit in†. 2. Striving for a better way of life TheRead MoreFight Club Film Analysis1168 Words   |  5 Pagesfrom that focusing primarily on an innovative way of thought that is avant-garde and subjective. Films such as Fight Club and stranger than fiction are clear examples of postmodernism as they both hold postmodernist characteristics such as Paranoia, breaking of the fourth wall, and black comedy. Paranoia in Postmodernist theory is defined as the belief that there is an ordering system behind the chaos of the world. In Fight Club, the narrator played by Edward Norton embodies this paranoia as he

Social Media And Its Effect On Society - 2203 Words

Yawn. Post. Tweet. Share. Repeat. Three quarters of eighteen-to-twenty-four-year-olds say that they reach for their phones immediately upon waking up in the morning (Weisberg). What are they reaching for? The desire to stay on top of what others are doing is a major point in society. Social media is commonly defined by the repetitive collaboration of keeping up with modern technology. Social networking has a negative role in society whether those affected realize it or not. But it is not only millennials who affected by this routine, it is all age groups. Once out of bed, we check our phones 221 times a day—an average of every 4.3 minutes—according to a UK study (Weisberg). Snap Chat, Instagram, Twitter, and Facebook are the Founding Fathers of the digital campaign. â€Å"Human character changed on or about December 2010, when everyone, it seemed, started carrying a smartphone† (Mendelson). With a smartphone in hand, people are constantly refreshing, and clicking away to stay updated with what other people are doing. In a recent study by the research firm eMarketer, Americans spend an average of five and a half hours a day with digital media, more than half of that time on mobile devices (Weisberg). This is not only in America: it is a worldwide phenomenon that needs to be stopped. Today, it is common to have an in depth conversation with someone through a screen rather than face to face. Priorities have become blurred. Society cannot unplug due to this over looked addiction.Show MoreRelatedSocial Media And Its Effects On Society1597 Words   |  7 PagesSociety Crumbles into Smithereens One Post at a Time You are walking out of the new Star Wars movie, posting about how superb it was, when suddenly you are swooped up and thrown in the back of a vehicle. No one would have thought posting about how you were there earlier would provoke such a situation. After all, social networking is â€Å"safe† and â€Å"friendly.† Now, social media is defined as â€Å"A form of electric communication through which users create online communities to share information,† accordingRead MoreSocial Media And Its Effect On Society1711 Words   |  7 Pagesinfluence usually are not the first words you would expect to come to mind when thinking about the term â€Å"social media,† yet with a little digging you will soon realize it could be the perfect description. Social media can be defined as forms of electronic communication through which users create online communities to share information, ideas, personal messages and other content. Most often social media is understood as a p ositive concept because of the ways it has allowed us to attain cheap and easilyRead MoreThe Effects Of Social Media On Society1359 Words   |  6 PagesIn a broad sense, Social media refers to elements such as websites, television, blogs, IM, and other applications that enable users to create and share various forms of content such as messages, pictures, and information, or to be able to participate in social networking. Social media depends on web-based applications, which allow a high level of virtual interaction on various levels such as social, professional, and educational levels. Social media has had various contributions to the developmentRead MoreSocial Media And Its Effects On Society1592 Words   |  7 Pagesdevelopment of vast social media networks has improved our communications and interactions. These networks, such as Facebook and Twitter, are essential to how information is shared and criticized. The Social Media Handbook defines social media as â€Å"networked information services designed to support in-depth interaction, community formation, collaborative opportunities and collaborative work† (Hunsinger, 2014 p.1). Having an account or profile on these sites is more than a social norm; it is a requirementRead MoreSocial Media And Its Effects On Society1359 Words   |  6 PagesPeople may say social media is good for you but is it really? Everyday, everywhere I always see people on social media calling people bad names, not being able to communicate face to face with each other. Social media, social media, social media†¦ oh what is has done to the world, so many students grades have dropped, criminals PROMOTE crimes. Ultimately, what is at stake here is social media will one day take over the world. People’s safety will be in danger, crimes will increase, people will getRead MoreThe Effects Of Social Media On Society Essay1644 Words   |  7 PagesSocial media has become prominent parts of life for many young people today. Most people engage with social media without stopping to think what the effects are on our lives, whether positive or negative. Are we as a society becoming more concerned with Facebook friends than we are with the people we interact with face-to-face in our daily lives? What will the longterm effects of today s social media use be? There are many positive aspects, but there are equally as many dangers that come withRead MoreSocial Media And Its Effect On Society1601 Words   |  7 Pagesrecent editorial titled â€Å"Hazards of Social Media† on your LinkedIn page on February 10t h, 2016. It was very interesting to read your perspective on social media and its effect on society. Having an undergraduate major in Psychology at the University of Southern California and currently conducting research on social media usage at the Brain and Creativity Institute of USC, I have spent significant time researching the issue of social media.Though I agree that social media can be hazardous if not used effectivelyRead MoreSocial Media And Its Effect On Society998 Words   |  4 Pagesis bound to be a shift in social norms. As the times change, so does societal views on acceptable values. One such possibility is the standard value accepted by mainstream society in which the way a female body is sexually portrayed in the media. It appears that society has not only accepted this standard, but has increasingly encouraged a more sexualized representation of the female body. Social media is an informational highway about what is accepted by the larger society and inferred by the individualsRead MoreSocial Media And Its Effect On Society1151 Words   |  5 PagesSocial Media The Workplaces’ Largest Enemy Being employed means that an individual will in most cases have coworkers and bosses; the environment shared between the employees is known as the workplace. In the time before technology, people being fired from their jobs was not an unheard of situation. The difference now is people are being terminated from their jobs because of something they posted on social media. If this was not the case, it would set a precedent that posting inappropriate or hurtfulRead MoreSocial Media And Its Effects On Society Essay1396 Words   |  6 PagesIn our modern world, the use of social media is overwhelming and second nature due to the availability. Several people all around the world possess some form of an electronic device that is capable of accessing social media, rather it be Facebook, Twitter, Snapchat, Instagram, and many more. â€Å"Technology’s rampant popularization over the past decade in terms of social media has meant that texting, Facebook, and Twitter have inevitable take n over as the most efficient ways of communicating with each

Blade Runner and Frankenstein Comparative Essay free essay sample

Despite a significant time difference between the novel, Frankenstein; or The Modern Prometheus, written by Mary Shelley in 1818, and the film, Blade Runner, directed by Sir Ridley Scott in 1992, both composers use characters to warn future societies about the consequences of distorted values by emphasising a lack of key values. The characters who; do not respect the role nature has in life, value their own personal desires over everything else or ignore the importance of parental responsibility are shown to have detrimental effects on their lives. Animating these fears of distorted values urges the audience to alter their own values and attitudes and influence further impact on the world. The importance of respecting the omnipotence and the crucial role of nature in the world are emphasised by characters that are stripped of the glory of the natural world. Victor Frankenstein, the relatable protagonist in Frankenstein, was at first inspired by the glory of nature and was overwhelmed by its majesty. We will write a custom essay sample on Blade Runner and Frankenstein Comparative Essay or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This admiration and wonder was soon replaced by a â€Å"fervent longing to penetrate the secrets of nature†. Frankenstein decides that he alone can replicate nature and bask in the eternal praise and glory of the â€Å"creation of an animal as complex and wonderful as man†. This delusion ultimately leads to his punishment by the very force that had inspired this pursuit, nature. Personification is used to create imagery of the fierce power of nature. â€Å"I might be driven into the Atlantic, and feel all the tortures of starvation, or be swallowed up by the immeasurable waters that roared and buffeted around me. Similar to Frankenstein, Scott uses a relatable protagonist named Rick Deckard to guide the audience through the artificial world of Blade Runner, set in Los Angeles in the near future. This world creates a link between the intimidating lack of nature and the degradation of human nature. The landscape is dominated by large industrial sky-scrapers that spew pollution and fire into the sky. Neon lights are a motif, contrasted to the otherwise dreary washed out blue colour pal let. This emphasises the lack of natural light. Deckard is contrasted against a busy and rude foreign culture. The society has no noticeable emotional reaction to the brutal murders of Replicants by Deckard suggesting that it is normal to not care about others. Shelley explores direct and instant consequences that swept away every joy or hope that Frankenstein had experienced. Scott explores the inability of any character to recognise a slower deterioration of the world and society. Both of these possible consequences highlight the necessity of nature by exploring the wreckage that is left without it. The religious teachings of humility and morals are privileged by highlighting the pride and selfishness that comes from impatient, egotistical efforts of scientific endeavours into the unknown and overreaching human potential. Eldon Tyrell takes advantage of the scientific advancements into eugenics to create human ‘Replicants’ to work as slaves to increase his annual profit. â€Å"Commerce is our goal here at Tyrell. More human than human is our motto. Rachael is an experiment, nothing more. This narcissistic obsession with power leads Tyrell to become engulfed by sins such as gluttony, greed and pride and helps slowly corrupt the world. Tyrell’s apartment is dressed in religious allusion such as white robes and curtains and candles which suggest a deistic self-image. Earth in Blade Runner has been deserted by the elite of society and only the dregs remain. People are forced to breathe in pollution and work in strip clubs to make money. â€Å"Do you think Id be working in a place like this if I could afford a real snake? Frankenstein’s creature is also an example of the suffering that comes from selfish experimentation. Frankenstein was unable to replicate the perfection and beauty of man and thus a creature was gifted life only to suffer torture and anguish until death. â€Å"Cursed, cursed creator! Why did I live? Why, in that instant, did I not extinguish the spark of existence which you had so wantonly bestowed? † The use of rhetorical questions highlight the emotional turmoil and loneliness that the creature is experiencing. The imperative voice also emphasises the emotional frustration. Shelley’s and Scott’s characters both explore and embody corrupted values that stray from the religious teachings of values and guidance. The suffering and misery that comes as a result of pride and selfishness leads the audience to recognise the risks of close-minded passion and the importance of humility and respect. Human development is greatly affected by the presence of support and guidance from a nurturing figure. Characters in these texts explore the importance of fulfilling parental responsibility. Frankenstein’s ideal family is portrayed as a loving relationship and bestowing inexhaustible stores of love and affection. Despite having a â€Å"deep consciousness of what they owed towards the being to which they had given life†, Frankenstein abandons the being to which he had recklessly gifted with life. This gigantic grotesque creature is born alone in an unknown world and is forever cursed and feared as a monster. â€Å"There was none among the myriads of men that existed who would pity or assist me. † Despite the companionship and relationships between the Replicants, they are alone in a world that they do not belong in. This highlights the lack of any support and guidance from a nurturing figure. This is further emphasised with the killing of each Replicant over the film. â€Å"I don’t think there is another human in the world that would have helped us†. Roy’s desire for parental consolation is highlighted when he asks for forgiveness. â€Å"I’ve done questionable things. † When the Replicants start to develop emotions, they are left to make efforts to manage and understand those feelings such as anger, grief and love, without any guidance. Leon’s solution to the Voight-Kampff test is to murder the innocent human. When Roy confronts Tyrell and kills him, he suffers great anguish characterised by his facial expression and the high pitched music. The significant impact of a nurturing figure on individual development and quality of life is clearly explored by characters in both texts. A lack of parental guidance is shown to lead to a disturbed personality and development in life which is contrasted to the ideal childhood that leads to a healthy and happy personality. During this comparative study of these texts, I have discovered that despite the immense time difference, they are remarkably similar in the way they tell their stories and why. Both texts use a relatable protagonist to connect with the audience and allow them to imagine themselves in these worlds. The characters guide the audience on a journey that overwhelms them with confronting distorted future scenarios. These scenarios represent the impact that a lack of key values has on the world. The composer’s attach negative connotations to the values that lead humans to these futures and then allow the audience to come to their own conclusions about the important values that are missing from these worlds, such as respect and appreciation of the role that nature plays in the world, humility, morals, virtues and the importance of a nurturing figure.

Supplemental Childcare Program Essays - Child Care, Day Care, Family

Supplemental Childcare Program Families' reliance on childcare has risen significantly over the past 30 years. In 1993, 9.9 million children under age 5, needed care while their mothers worked (Bureau of the Census, 1995). More than two-thirds of all infants receive nonparental child care during their first year of life, with most enrolled for about 30 hours each week (National Institute of Child Health and Human Development, 1995). There are many different programs in the United States that provide extended day childcare for working parents. Programs such as the 6 to 6, YMCA, etc are available in the morning before school and in the evening after school. Although these programs provide parents the much-needed care of their children, most programs are ill equipped to provide care for children that become ill and/or are chronically ill. In addition, most employees of such programs have received the minimal training, such as CPR, and safety awareness classes. Childcare centers, as well as many schools do not allow children to remain at the facility when they fall ill. Parents are required take off from work, and pick up their ?contagious? bundle of joy. What about the care of the chronically ill children, such as those with asthma or other recurring ailments? There are so many strict guidelines for management of illness that parents, especially single parents, have no other recourse, but to remain at home with their sick child, for days on end. As a result, the very reason behind parents working, can possible affect whether they remain gainfully employed. Goals The purpose of the proposal is to address and provide additional childcare services to the parents whose children are chronically ill. Parents would be allowed to remain at work, while their child is being taken care of. This program would even pick their children up from school, or parents would simply bring their sick child to the facility in the morning, and then move on to work. The goal of this supplemental childcare would be to cut down on employee absenteeism, job stress, and health education for parents, prevention, and quality care for children. Needs of the Agency . The daycare and child development business is booming and profits are soaring. With more people looking at the child care field from different angles, these type of programs have more opportunities for more allies and partners, for funding and positive public relations, for improving, and ?professionalizing? the programs that we offer to our children in our communities. Non-profit groups and higher education have increasingly partnered with schools, often including after-school hours. There have already been so many agencies, such as Harmonium Inc., that have stepped up to the plate to support child care programs such as the 6 to 6, that gaining support from other agencies, as well as big business, would not be a great challenge. Research Many businesses pride themselves on productivity. They promise to deliver a high quality product with expediency and efficiency. But how will all this be accomplished, if many employees are out, taking care of their sick children? How will the product be delivered? Is the incentive of higher productivity and greater profits enough, for big business to back this idea? Would the employees utilize this extended childcare? Two questionnaires were developed to answer a few of these questions. The first questionnaire was presented to several different company heads to see what they thought about supporting a program to care for children; the other was directed towards parents. It basically asked what parents thought of childcare for their sick children. (Questionnaires are included at the end of this proposal.) Program Of course every childcare program has its goals and the basic outline of the program is to supplement care that is already in place. Some modifications to the current child care site, and staffing may be necessary to facilitate care for ailing children; an infirmary may need to be constructed, additional staffing, such as nurses, training beyond first aid, and a quarantine area. This program is simply designed to provide space for children, who become ill at school and need to be picked up, or who have been ill at home, and parents are unable to remain home with their children. Naturally, there are some ailments that cannot be taken

High Tech Materials and Designs

High Tech Materials and Designs The industrial revolution ushered in an era of technology growth that has over the years changed according to human needs. Every period in time has had unique problems that people have used technology to solve. All fields that help the optimum functioning and survival of humanity on the planet have been undergoing technological evolutions that in many ways have made life better on earth. Medicine, education, construction, and communication have all been positively affected by technology[1].Advertising We will write a custom essay sample on High Tech Materials and Designs specifically for you for only $16.05 $11/page Learn More The 21st century has is facing serious challenges like no other time in the course of human development. However, the challenges that the world is facing right now come at the backdrop of increased pollution and environmental degradation, global terror, economic crises and humanity crises like war. One of the most dominant problems the world is facing now is environmental degradation and pollution. It is estimated that most world’s natural forests and a good number of animal species would have disappeared by the year 2050 if no action is taken. There is also the problems of increased cost of living, poverty and the threat of global economic collapse. These challenges have necessitated the need for development of designs using new materials that aim to conserve the environment, reduce costs for companies and governments while at the same time improving the standards of living for the planet’s eight billion people. Innovation therefore has become an unavoidable goal and objective in the pursuit of materials that whose design can help address the challenges highlighted above[2]. Current product development dynamics operate in a rapidly changing technological environment. Emphasis has been laid on product complexity or simplicity as well as life cycle. Innovative material concepts are growing rapidly in response to the challenges facing the humanity and to fulfill the new design opportunities that have been created. Material selection also takes into account the durability and reliability aspects that various product designs need. Some aspects including the environment, tenacity of the material, safety, and cost saving aspects, guide designers. The designs with the new improved materials aim at providing maximum benefits to the end users, promote sustainability as well as reducing dependence on the irreplaceable natural resources. Some of these materials are nano-structured materials, smart materials as well as spin off materials mainly used in the aerospace industry and renewable materials that are expected to provide an alternative to materials of fossil origin. This paper will focus on products that have been manufactured out of designs that are made from new materials. The industries that the high tech designed materials fall include aerospace, motor vehicle, building, and con struction.Advertising Looking for essay on art and design? Let's see if we can help you! Get your first paper with 15% OFF Learn More It’s important to note that the designs discussed here focus on the specific elements of products from the aerospace, auto and building and construction industries. It’s also important to note that the designs are specifically made from new materials or materials that have been modified to serve as new materials. Aerospace and aviation One of the industries that use some of the most advanced technologies today is the aerospace industry. These needs are mainly motivated by the challenges that the consumers are facing in the, market the need include building new aircraft for defense, climate and weather monitoring and space exploration. There is also the need to produce environmental friendly materials that will be used in the manufacture of equipment that produces minimal pollution. Innovation in the industry has l ed to the adoption of high tech ways that improve the current materials besides producing completely new ones. Materials commonly used in the aviation sector include refractory metals, molybdenum, tantalum, tungsten, and rhenium[3]. There are also ceramic materials as well as electronic chemicals and functional materials. These materials have been developed over time. They have undergone transformation and converted to new materials that the aviation industry uses with numerous advantages that address the 21st challenges. The new materials have been able to offer aviation equipment extended life with super alloys of tungsten, molybdenum, tantalum, niobium. In addition, aviation industries have produced new materials and technology using yttrium-stabilized zirconium that has led to efficient fuel consumption for both commercial and aircraft. Though space exploration started in the 1960’s a lot is still to be achieved and space exploration has acquired new importance especially as human beings look up to new places to exploit minerals and dump toxic wastes like nuclear. The discovery of ceramics and its use in outer space travels have proved to be a vital development in aviation and aerospace industry with new materials helping in heat insulation especially on the international space station. Additionally, Boeing the world’s leading plane manufacturer recently unveiled a passenger plane made exclusively out of carbon materials that they believe will make the aircraft lighter and efficient in fuel consumption.Advertising We will write a custom essay sample on High Tech Materials and Designs specifically for you for only $16.05 $11/page Learn More Auto Industry Making lightweight vehicles is a concept that manufacturers of motor vehicles have pursued since the discovery of the motor vehicle. Like in the aerospace industry, lightweight vehicles are efficient in their consumption of fuels, a concern that 21st century environme ntalists and business people share[4]. Changes for instance to the Fuel Economy in the US has forced automakers to research on new materials to design new light weight vehicles whose consumption of fuels is significantly reduced. Experts estimate that vehicles whose weight is reduced by 10% will have their consumption of fuels reduced by 3-7%. Additionally, lightweight vehicles manufactured with lightweight materials have sustained greenhouse gas emissions reductions over the lifecycle of the vehicle. Furthermore, lightweight vehicles have lower noise levels compared to old models. The materials used in the production of lightweight vehicles have been modified over time. Regular steel has been the main material in vehicle production for a long time. However, other materials like high-strength steel, aluminium, and composites have increasingly found use in lightweight vehicle manufacturing especially the 21st century. In the 21st century, magnesium and composites have found greater u se in vehicle manufacturing in the pursuit of lightweight vehicles. Nowadays composites especially carbon fibres make up 50% of the total vehicle volumes. The current vehicle designs involving composites are for cosmetic purposes. Nevertheless, like in the aerospace industry, car-manufacturing companies like BMW and Daimler have started joint ventures aimed at increasing the use of composite materials in structural construction of cars[5]. Already the new MBW Megacity relies heavily on carbon fibres components for structural elements. According to BMW and Daimler, the new partnership on new vehicle manufacturing materials aims to introduce carbon fibre vehicles into the market to address the challenges presented by the existing models. Additionally, industry players are emphasizing on the development of multilateral designs that will help in the production of optimal lightweight vehicle designs.Advertising Looking for essay on art and design? Let's see if we can help you! Get your first paper with 15% OFF Learn More Construction industry Sustainability is the most talked about and widely held notion that guides human endeavors in the world today. Furthermore, sustainability has environmental, social, and economic dimensions that affect all human life aspects on the planet. The construction industry besides the ones discussed above bears the greatest responsibility in environmental degradation[6]. The choice of materials used in the industry determines the effects the environment bears and if they are friendly or not. The idea behind improving materials used in the construction industry is to improve the efficiency of buildings and improving their capability in recycling and reusability. Many of the buildings that have come up in the past have been refurbished or decommissioned. Construction engineers tend to consider these building a great source of reusable materials that can be salvaged through harvesting. Salvaged materials have become part of the designs of buildings in the 21st century. Th e use of salvaged materials according to environmentalists is one of the most effective ways of conserving natural resources that have widespread economic benefits. Architects and construction engineers are nowadays emphasizing the designing of buildings that facilitate this phenomenon, which provides responsible environmental building designs in the industry. Building designs and construction is now focused on deconstruction rather than demolition. Salvaged material have become so important in the industry that its expected that if the trend catches up with many mainstream building firms, the planet will be saved of millions of hectares of forests by the year 2050. Many buildings have been designed using salvaged materials especially in Canada where forest conservation has given impetus. In the city of Vancouver for instance, the Vancouver Materials Testing Lab and the C.K. Choi and Liu Centre buildings serve to demonstrate the success that is designing buildings with salvaged mate rials. The materials used in the lab were salvaged from demolished warehouse buildings in the city. The main aim of this project was to demonstrate that salvaged materials could be used to achieve multiple environmental. Custom components of the building are made from fabricated materials salvaged from the demolished buildings. Additionally, glazing material used in the building is made from salvaged glass. In this particular project, it’s estimated that the savings that have been made through the use of salvaged materials amount to over $50, 000. That is the monetary side of the savings. When environmental benefits are incorporated, the advantages are even more. However, there needs to be more involvement of technology in the new material designs for benefits to be widely felt. Conclusion There are numerous designs of products and other works that have been achieved by the use of materials specifically adapted to 21st century problems. The above three industries’ prod ucts form some of the needy areas where new designs with new materials are needed. The challenges that face people in this century show little signs of abating despite the technological progress made. Designs using new materials will form one of the most basic approaches to alleviating these challenges. When combined with other cost cutting factors, the new designs using new materials will go along way in helping the long-term environmental sustainability of the planet as well as economic growth. References Ashley, S. Shedding pounds on a magnesium diet. Automotive Engineering International. (2010). pp. 34-36. Brooke, L. A Featherweight Future. Automotive Engineering International. (2009). pp. 24-26. Ichikawa, K. Functionally graded materials in the 21st century: a workshop on trends and Forecasts, Springer. (2002). 56-60. Inns, T. Designing for the 21st Century: Interdisciplinary Methods and Findings:Nd Volume 2 – P 181 Trilling, B. Et al. 21st Century Skills: Learning for L ife in Our Times: Volume 1. (2009). Pp 150-187. Footnotes Ichikawa, K. Functionally graded materials in the 21st century: a workshop on trends and Forecasts, Springer. (2002). pp. 56-60. Trilling, B. Et al. 21st Century Skills: Learning for Life in Our Times: Volume 1. (2009). Pp 150-187. Inns, T. Designing for the 21st Century: Interdisciplinary Methods and Findings: Volume 2 – P 181 Ashley, S. Shedding pounds on a magnesium diet. Automotive Engineering International. (2010), pp. 34-36. Brooke, L. A Featherweight Future. Automotive Engineering International. (2009). pp. 24-26. Ichikawa, K. Functionally graded materials in the 21st century: a workshop on trends and Forecasts, Springer. (2002). 56-60.

Girl Interrupted essays

Girl Interrupted essays Have you ever watched a movie and then found out it was created from a book? Thats what happened to me, I saw the movie Girl Interrupted, starring Winona Ryder and Angelina Jolie. I then heard that it was made from a book itself. So for this assignment, I decided to read the book and compare and contrast it from the movie. The movie, Girl Interrupted is about an eighteen-year-old girl, named Susanna Kaysen. She spent two years on the ward for teenage girls in a psychiatric hospital as renowned for its famous clients-Sylvia Plath, Robert Lowell, James Taylor, and Ray Charles. The movie clearly defines the worlds perceptive of a mental hospital, and what goes on there. The yelling, screaming, and carrying on with the patients and nurses, is all of what is perceived to happen at a psychiatric hospital. In the book, its more in detail, the words carefully chosen, effectively creates a mental picture as you read the book. Susanna was put there on request by her doctor, to rest, and to get better mentally. She was hallucinating, and was depressed and suicidal at times. There isnt much difference between the movie and the book. I was expecting there to be a world of difference, but there wasnt. In the movie, there was racial difference, where as the head nurse in the book was small and white, and in the movie, it was Whoopi Goldberg, now everyone knows she is big and black. The detail that was in the book wasnt necessarily shown in the movie. The story line was the same, in the book and in the movie. The story of Girl Interrupted, was basically this, its about a girl who is admitted into a psychiatric hospital. Its about all the things she experiences there and the people she meets. While reading the book, you the reader, really get a sense of how someone in that situation is feeling. Where as in the movie, you couldn ...

Ginger Design Consultancy Case Study Example | Topics and Well Written Essays - 3000 words

Ginger Design Consultancy - Case Study Example Moreover, being an intellectual property of the company, there is the need for the company to have sufficient protection for such kind of new services developed from infringement. Hence the report makes comprehensive recommendations on the legal options available to the company on the protection of the intellectual property, being the services developed An evaluation of the marketing, financial and legal aspects of any new service developed is of great importance for any consultancy organization. Especially where the company has the option of offering alternative service models with varying degrees of revenue and costs it is imperative that the company makes an evaluation of the alternatives available in the angles of financial and marketing adaptability of the options. Similarly it is for the company to look after the protection of the services developed with years of hard work by adopting suitable legal steps for the protection of the copyright of such services, lest, there is the danger of them being misused by the competitors. Basically being a Report to the Management of the financial, marketing and legal angles of new services, this report deviates from the established reporting format for the purposes of coherence. As the first part, this rep... 2.0 Evaluation of the Financial Performance and Position for the Year 2006 as Compared to the year 2005: A review and comparison of the financial performances is greatly facilitated by the establishment of the key financial ratios. The Key financial Ratios for Ginger are calculated as below: Ratios for Profit and Loss Account: Details Year 2006 '000 Year 2005 '000 Sales 598 478 Cost of Sales to Sales % 41.47 35.56 Gross Profit to Sales % 58.53 62.76 Administrative Expenses to Sales % 40.80 44.35 Operating Profit to Sales % 14.07 16.31 Profit after Tax to Sales % 9.70 11.92 Ratios on Balance Sheet: Details Year 2006 '000 Year 2005 '000 Sales to Fixed Assets 6.29 5.31 Current Ratio 1.51 1.26 Sales to Current Assets 2.93 2.97 Sales to Debtors 4.43 5.19 Loan to Equity 0.52 0.09 2.1 Commentary on the Financial Position: The analysis of the Profit and Loss Account is as below: The company's sales for the year 2006 are showing an improvement at 598,000 as compared to that 478,000 for the year 2005. This implies that the company's marketing efforts are starting to result in improved turnover showing the potential to improve further in the next three years period The cost of sales to Sales percentage at 41.47 percent for the year 2006 as compared to 35.56 percent for the previous year is quite high. The company should think of introducing budgetary control measures to have a strict control over the expenses With the increase in the cost of sales the Gross profit percentage is low at 58.53 percent for the year 2006 as against that of 62.76 percent for 2005. With the introduction of budgets the company would be able to enhance the gross margin percentage In fact the company has done well

Psychology Evaluate addiction in terms of brain dysfunction Essay

Psychology Evaluate addiction in terms of brain dysfunction - Essay Example In fact it does not require the individual to feel positive pleasure from the behaviour (West, 2006). There are two types of forces that forces that enhances purposeful behaviour in human beings: inhibitory forces and impulses. Each of these forces is balanced, checked and regulated by tasks of planning and evaluation. The behavioural plans that human beings propose for themselves, and the evaluation they make of their behaviour help to give identity and purpose (Baxter & Hinson, 2001). For instance if a man recognizes himself as addicted to smoking, but evaluate the smoking behaviour as a risk to mental functioning, then he will be able to formulate a plan that would displace the behaviour. Theory of addiction is viewed as chronic brain disorder that can be managed with all the tools at medicine's disposal. The addict's brain is claimed to be malfunctioning, just like the pancreas of someone with diabetes. The major distributing factor is the behaviour and lifestyle choices (Eugene & Heather, 2003). Genetics have found that there are gene variants that predispose people to addiction that explains why some people who tries addiction becomes hooked on it. The laboratories that are operated and funded by PET and National Institute on Drug Abuse (NIDA) are forcing the addicted brain to yield up its secrets. According to West (2006), Neuroscientists are mapping the intricate network of feedback loops and triggers that are set in motion by the taste, sight or thought of a beer or a cigarette. They have learned to identified a signal that an alcoholic is about to pour a drink, and trace the impulse back to its origin in the primitive midbrain. Among the numerous compounds tested by NIDA are compounds that block the intoxicating effects of drugs. They include vaccines that train the body's own immune system to bar them from the brain Addiction as Brain dysfunction Addictive drugs like heroine and cocaine flood the brain with the neurotransmitter dopamine, which is a chemical that induces a sensation of pleasure and trains the subconscious mind to remember everything that proceed that sensation. Alcohol, amphetamines and nicotine, together with cocaine and heroine are considered the hardest drugs to give up (West, 2006). Drugs are substances that tap into brain's operation system and disrupt the way nerve cells normally send, receive and process information. Drugs can disrupt the brain's operation in two ways: can imitate the brain's natural chemical messengers and over-stimulate the reward circuit of the brain. Most drugs fool the brain's receptors and activate the nerve cells to send abnormal messages (Bannon et al, 2002). Nearly all drugs target the brain's reward system; they do this by flooding the circuit with dopamine. With continued drug abuse, the brain adapts the overwhelming surges in dopamine by reducing the number of dopamine receptors in the reward circuit; this will lessened the impact on the reward circuit, hence reducing the users ability to enjoy the drugs and things that earlier brought pleasure (West, 2006). According to Bannon et al (2002), long term abuse causes changes in other brain systems and circuit as well as facilitating non-conscious learning, which makes the learner to experience uncontrollable carvings whenever they see a person or place that is associated with the drug experience. Research indicates that drug-addicted individuals are show changes in regions of the brain that

Instructional Design Essay Example for Free

Instructional Design Essay The world is a place full of so many different professions that need people to train to be regarded as professionals of a specific area. Doctors, managers, engineers, drivers, teachers, professors, lecturers and so many other professionals are qualified because the people did some kind of training. The training offered by the relevant institutions were not just conducted without guidelines, there were and there are still guidelines showing what is required when one wants to become a qualified professional. These guidelines are implemented in a process that has the specific instructions developed in a systematic manner known as the instructional design. Instructional design is an out line of well organised specific instructions on a specific profession guiding trainers on how to produce quality education and profession in a learning environment (Teaching Center, 2004). An instructional design always have four major steps though different models have different ways of showing these steps. It always has the design and the analysis step, the implementation and the production step, the developing step, and the review and evaluation step (Teaching Center, 2004). Why would an institution look for this kind of a process? Performance of an organisation depends on the employees, and the skills these employees have must be of importance to an institution. Another issue is that no organisation or institution would like to have a bad reputation of producing low quality professional skills, institutions would work towards the standards required by the public. Instructional design helps quality skill and performance production (Whiddett and Hollyforde, 2003). Professional Development Professional development is the manner in which the skills a person requires to maintain a specific line of career are developed or maintained. It is usually offered through continued education and training. Professional development is always a role left to the human resource manager or professional trainers in development departments in the organization. Teachers, lecturers and other educational trainers also play a big role in the professional development. The teachers and education organization trainers offer professional skills to students under various fields of study or profession. They are therefore required to know the steps and instructional designs used for the development of students professionally as Graff et. al note in their book (2006). Professional development involves the formal kind of education for example university education, post secondary education or even polytechnic education that enables a person to obtain a certificate or a credential that will enable him/her to get employment and retain it due to the knowledge the person has gained. The process of professional development therefore involves teaching on the various topics of the profession and other training procedures like practicals and internships (Gaff et. al, 2006). A teacher is required to organise how this professional development will be done on his/her students over a given period of time. There are other ways that professional development could be done, for example personal coaching can lead to one gaining the relevant knowledge and required training for a certain profession. This is mostly done through professional development individual and informal programs. Professional development in a work place enhances the individual skills on the processes and tasks at work. These skills that can be improved are such as team management skills, effectiveness skills and the system of and organizations thinking skills. The task skills that can be enhanced by professional development are such as skills on training safety, applications on computer software and skills on customer services (Cindy et. al, 2000). Professional development can also be a choice of the already employed. In this situation the individual under the current occupation undergoes the relevant training to improve his/her skills on the specific profession. Examples of normally desired skills for this kind of professional development are; leadership skills for the managers and skills on specific training techniques on different professions for example the training skills on, metal work equipments, engineers, medical practitioners and many others. There are different requirements for different professions in professional development. The kind of training that a medical student undergoes is not the same as the kind of training an accounting student would undergo. The different fields require different knowledge, skills and internships. An example of a professional development is in the health care profession that involves the development of skills, knowledge and attitude of the students or the workers to ensure that they work effectively and confidently (Work Cover 2003). In order to gain the knowledge, skills and the attitude, the students or the health care workers have to be trained, mentored and supervised. Organisational structures have to be created and maintained as well to ensure team work in the medical field and support for the individuals (National Society, 1986). Another example of professional development is training of customers which is normally done by manufactures with new machines and would like to train their customers on how to use the machine. This is normally referred to as an after sales service that aims to prevent misuse of the equipment, technology or a system (National Society, 1986). Instructional Designs  There are so many definitions to an instructional design. An instructional design can be defined as an organised out line of a teachers or a trainers program on how professional development will be conducted or performed. It can also be referred to as a model developed for a competency based system. Another definition according to a learning and teaching center indicates that an instructional design is an effective transfer tool with instructions used by teachers and learners to organise communication technology (2004). The instructional design is organised based on the profession to be developed, the students to be trained, the time available for training, available resources and the requirements of the course of the specific profession. Why would there be instructional designs? Different professions have different requirements and standards of performance. One has to be a doctor or a manager after learning the skills required in those respective fields of study. The world is changing gradually and the skills required before are either improved or are no longer used, there are standards too to guide the kind of skills in a specific profession. In order to determine if a person has accomplished the requirements of a specific profession and has undergone the training, there has to be a guide to it. This guide is the instructional design. The designs have the instructions on what should be done on the competency systems, how it should be done, the time the system or the professional development requires and is according to the national standards of specific professional requirements. An example is in the information technology field. Information technology has experienced great changes in the technological methods. The technology professionals need a standard method to use in monitoring the performance of information technology firms to determine if they are up to competency standards. Performance of an organisation always depend on the type and quality of skills employed in the firm. Just as other firms need qualified personnel in their fields, its the same way the information technology requires qualified personnel too (Harless, 1970). Evaluating if an information technology firm has the competent group of professionals depends on the kind of training of the professionals. Professionals have to have undergone some kind of training with specified standards qualifying one as a professional. These standards are always integrated in the instructional design, therefore it is important that an instructional design guides the information technology professionals in the evaluation of the competency of the firms. Instructional designs offer guidelines to evaluation as well as guidelines to professional development (Harless1970). When the right guidelines are used in the evaluation of an organisation, the performance of the organisation is sure to be of standard. Instructional Design Models There are various models that can be used to develop instructional designs. Teachers and trainers select the models they find appropriate for the process of profession development. This discussion will only give more information on three models among the many models of instructional designs. The three models are; the ADDIE model, Carey and Dick model and rapid prototyping model. Other models though not thoroughly discussed here are the Rajans and Smiths model, and the Kemp, Rose and Morrisons model (Gilbert, 1978). Carey and Dick model This kind of model does not consider the instructions in an instructional model as separated components, but as a collective system. It out lines the various components of an instructional design. The system of an instructional design as argued by Dick and Carey has so many components as shown. The goals, analysis, contexts and learners, aims of performance, the materials of the instructional design, strategy to be used in the instructional design, design evaluation, design instruments and the process of revising the instructional design (Dick et. al. , 1978). The process of instructional design planning and development requires several steps as Carey and Dick indicate in their book (1978). The first step in instructional design creation is the identification of the goals of the instructional design that a trainer or teacher would like to accomplish with the students. The second step involves analysing the instructions of the design. A third step involves analysing the contexts and the learners then noting the performance aims. The next step in this process according to Dick and Carey is looking for the instruments of assessment and developing them. A strategy is developed, materials for professional development selected, instructions evaluated based on the formulated evaluation method and the instructions revised. The last important step done is the evaluation of the whole system of instructional design as noted by Dick et. al. The formulators of this model believe that the system of instructional design integrates all the components of the system to work together towards the goal of the design, which is desired student outcomes (1978).

Copyright in Taiwan :: Taiwan Copyright Essays

Copyright in Taiwan Introduction The economic structure of Taiwan has been undergoing rapid changes in the recent thirty years. Taiwan has moved offshore from a labor-intensive industrialized country to an export-oriented economy. With the concentration of capital and technology, and the rapid diversification of hi-tech professional services, the structure of Taiwan industries has also changed greatly since late 1970s. The total annual production value accounted for by technology intensive industries has increased from 60 percent in mid 1980s to 75 percent in mid 1990s. These figures are a clear indication of successful liberation and internationalization of Taiwan economy as a whole. With the advanced technology and mass production of the computer hardware and software, new problems created for society by computer arose. In addition, as the cost of computer hardware declined, the importance of software increased: software is where the action and the money are these days. The total world market for software is now approaching $100 billion a year. Partly as a result, copying computer programs, often referred as software piracy, has become a major growth industry. At the core of the global copyright problem, Taiwan is one of the â€Å"king† of software piracy in Asia. The Business Software Association estimates that U.S. software companies lose over $800 million a year because of Taiwan software piracy. The newest threat to the software and multimedia industries in Taiwan is the use of computers and the internet to illegally digitize and copy information, including software, music, and movies. With the growth of Internet users populations, it has created a market for pirated products by making illegal copies of the latest software programs, music, and movies available to anyone with a computer, anywhere in the world, at the click of a mouse. Other ways to trade copyright material, such as peer to peer sharing, have also challenged copyright law. Adequate Intellectual Property Right (IPR) protection is a vital element in the development of high technology, high value-added production, and the professional services. The government of Taiwan is fully aware of this fact. They understand that they must make revisions to its current copyright laws in order to strengthen the degree to which IPR is protected in Taiwan. Over the years, Taiwan government has made progress, the Patent Law has undergone two revisions, the Trademark Law three revisions, and the Copyright Law five revisions. As for enforcement, apart from increasing the penalties for infringement of rights and increasing the power of Customs officials to inspect suspected counterfeit shipments, the MOEA has also created the Anti-Counterfeiting Committee with responsibility for processing charges of piracy.

First Amendment Issues: Prayer In Public School Essay

Inclusion of prayer in modern American school schedule has been a controversial and highly debated issue during last several decades. When tragedy of the Columbine High School in 1999 occurred, in which twelve students and one teacher died, the issue of moral education and role of religion in the life of public education has been brought to an entirely different level. Right after the tragedy, The Wall Street Journal’s editorial page was alive with debate over an article written by syndicated columnist, Peggy Noonan. Writing about the â€Å"culture of death† of which the two shooters, Eric Harris and Dylan Klebold, were a product, she observes: â€Å"A man called into a Christian radio station this morning and said a true thing. He said, and I am paraphrasing: those kids were sick, and if a teacher had talked to them and said, â€Å"listen, there’s a way out, there really is love out there that will never stop loving you, there’s a real God out there and I want to be able to talk to you about him†Ã¢â‚¬â€if that teacher had intervened in that way, he would have been hauled into court† (Noonan, A19). Peggy Noonan agreed with the man’s observation and went on to write: â€Å"It occurs to me at the moment that a gun and a Bible have a few things in common. Both are small, black, have an immediate heft and are dangerous—the first to life, and the second to the culture of death† (Noonan, A19). The next day Peggy Noonan’s article was published , a reader by the name of Bill Bailey responded to Ms. Noonan’s editorial. In his letter to the editor, he commented: â€Å"I send my children to public school to learn reading, writing, and arithmetic. I do not send them to school to be lectured on the virtues of believing in a personal God†¦. Teachers have no business lecturing my children on the virtues of religion (Bailey, A19). One can conclude that prayer in school represent an important and pressing problem for contemporary America, not only from socio-cultural and public perspective but also from legal one. CASE ANALYSIS Case scenario #3 relates to the legal problems emerging from the First Amendment to the United States Constitution. According to it, â€Å"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances† (First Amendment). In this way, any establishment or preference by the Congress or any other state authority of a national, state or local religion over another is prohibited. Same legal principle applies to the preference or establishment of non-religion over religion. According to the case scenario, Johnny, who is an atheist, objects the morning prayer held in the public high school he is attending as well as a prayer at his graduation. Assuming the dispute reaches the US Supreme Court, the decision will be make in the favor of Johnny and his parents on the both issues of dispute – morning prayer and prayer at graduation. The detailed analysis is provided below and is based on the First Amendment to the US Constitution, as well as US Supreme Court cases, particularly, Engel v. Vitale, Abington Township School District v. Schempp, Wallace v. Jaffree During Engel v. Vitale hearings, in a six to one vote, with two Justices removing themselves from the case, the Court declared the Regents’ Prayer unconstitutional for violating the First Amendment’s establishment clause, â€Å"because that prayer was composed by governmental officials as a part of governmental program to further religious beliefs (Engel v. Vitale, 370 US 421, 1962). Hugo Black delivered the majority opinion, which expressly rejected the district’s claims that that it met constitutional standards because the prayer was denominationally neutral and had a clear opt-out policy for students. According to Black, the establishment clause â€Å"is violated by the enactment of laws which establish an official religion whether those laws operate directly to coerce nonobserving individuals or not† (Engel v. Vitale, 370 US 421, 1962). From this perspective, judgments that led to decisions made in Engel v. Vitale can be applied to the dispute between Johnny and his parents and Tree Stump High School, both regarding morning school prayer and prayer at graduation. By this logic, within the schoolhouse, school officials must protect the balance of freedom that the First Amendment allows concerning religious expression. They must protect the freedom of each student who wishes to speak out about matters of religion and protect those who prefer to say nothing at all about religion. Schools must not sponsor religious activities or express any opinion for or against a student who personally expresses a religious belief. Issues and the US Supreme Court logic emerged from Abington Township School District v. Schempp case also serve in favor of Johnny and his parents. The Schempp’s brief explained the opt-out policy gave the child a difficult choice â€Å"between an impulse to obey the parents’ wishes and the pressure to conform to his group. If the child yields to this pressure, the result is disobedience, a loss of respect for the parent and interference with the parent’s right to control in matters of religion. On the other hand, if the child obeys the parent, he suffers a loss of standing in his group† (Abington Township School District v. Schempp, 374 US 230, 1963). This statement reflects the situation Johnny found himself moving with his family to Tree Stump from Providence. Johnny is coming from family advocating atheistic beliefs, and that fact he moved into a very religious community should not violate his rights guaranteed by the US Constitution and make him adapt or loose â€Å"standing with his group. † According to the Abington brief the district’s statute â€Å"requires only that those who wish to do so may listen to daily readings without discussion or comment from a great work that possesses many values, including religious, moral, literary and historical† (Abington Township School District v. Schempp, 374 US 230, 1963), They warned that a finding against the districts would set a dangerous precedent â€Å"whereby there could be eliminated from the public life of this nation all those customs and traditions that evidence the religious nature and origin of our country and are now and have long been cherished and accepted by a vast majority of the people† (Abington Township School District v. Schempp, 374 US 230, 1963). The presence of the opt-out policy sufficiently protected individuals’ religious rights and therefore, they saw no need for the Court to infringe upon America’s religious traditions. The position of Abington School District probably reflects the judgment of Tree Stump High School. However, as with Engel, the Supreme Court rejected the school districts’ arguments and by a vote of eight to one struck down all state laws mandating Bible readings. Justice Tom Clark focused on numerous judicial opinions, including Engel, in which the Court held that the government must remain neutral toward religion. Clark argued that not only did the establishment clause require such neutrality, but so too did the free exercise clause, which recognized â€Å"the right of every person to freely choose his own course with reference thereto, free of any compulsion from the state† (Abington Township School District v. Schempp, 374 US 230, 1963). The US Supreme Court judgment in Abington Township School District v. Schempp favors the position of Johnny and his parents. Assuming high school graduation event was held outside the Tree Stump High School boundaries, the graduation prayer issue would not be regulated with rulings made in Abington Township School District v. Schempp and typical cases. The First Amendment protects a student’s right to express the faith without discrimination. It also forbids anyone from having a captive audience or forcing anyone to participate in any type of religious activities. Case Wallace v. Jaffree involved an Alabama state law that directed public schools to provide a moment of silence for meditation or voluntary prayer. A previous Alabama law mandated a moment of silence just for meditation, but in 1981 the legislature expanded the statute to include voluntary prayer. The Court determined that the clear intent of the law was to promote religion, and thus it must be invalidated. In striking down the Alabama law, the Supreme Court did not say that all â€Å"moment of silence† must be invalidated, but rather, the Court suggested that only those laws that either included clauses about prayers or whose legislative intent clearly called for a promotion of religion would be unconstitutional. According to the US Supreme Court ruling, â€Å"the State’s endorsement†¦of prayer activities at the beginning of each schoolday is not consistent with the established principle that the government must pursue a course of complete neutrality toward religion† (Wallace v. Jaffree 472 US 38, 1985). By this logic, the Supreme Court decision favors once again Johnny and his parents. At the same time, Johnny’s teacher offer to replace a morning school prayer with a moment of silence does not contradict neither the First Amendment to the US Constitution nor the Supreme Court rulings, as long as prayer and religion are not endorsed during it. WORKS CITED The First Amendment to the US Constitution, Available at , Accessed June 16, 2009 Noonan P. The Culture of Death,† The Wall Street Journal. 22 April 1999, A19. Bailey B. Don’t Blame Shooting on ‘Absent’ God, † † The Wall Street Journal. 28 April 1999, A 19 Engel v. Vitale, 370 US 421, 1962, Available at < http://caselaw. lp. findlaw. com/scripts/getcase. pl? court=US&vol=370&invol=421>, Accessed June 16, 2009 Abington Township School District v. Schempp, 374 US 230, 1963, Available at < http://caselaw. lp. findlaw. com/scripts/getcase. pl? court=US&vol=374&invol=203>, Accessed June 16, 2009 Wallace v. Jaffree 472 US 38, 1985, Available at < http://caselaw. lp. findlaw. com/scripts/getcase. pl? court=US&vol=472&invol=38>, Accessed June 16, 2009

Law and Cases

Page 1 All ER Reprints/[1914-15] All ER Rep /Hickman v Kent or Romney Marsh Sheep Breeders' Association and another – [1914-15] All ER Rep 900 Hickman v Kent or Romney Marsh Sheep Breeders' Association and another [1914-15] All ER Rep 900 Also reported [1915] 1 Ch 881; 84 LJ Ch 688; 113 LT 159; 59 Sol Jo 478 CHANCERY DIVISION ASTBURY J 4, 25 MARCH 1915 31 MARCH 1915 Arbitration – Submission – Article of company – Application for membership of company and acceptance Rule for all disputes between company and members to be referred.Company – Articles – Effect – Contract between members and company and between members inter se. In 1905 the plaintiff was elected a member of the defendant association, and he then agreed to conform to its rules and regulations. By art 49 of the articles of association differences between the association and any of its members relating to any of the affairs of the association must be referred to the decision o f an arbitrator.In 1914 the plaintiff issued a writ against the association and its secretary claiming injunctions and declarations in respect of matters which related to the affairs of the association and for certain other relief, which in substance was to enforce his rights under the articles. On an application by the defendants for a stay of the action pursuant to s 4 of the Arbitration Act, 1889, and to refer the matters in dispute to arbitration in accordance with the terms of art 49,Held: (i) art 49 must be treated as a statutory agreement between the members and the association as well as between themselves inter se, and it constituted a submission to arbitration within the Arbitration Act, 1889; (ii) the application for membership by the plaintiff and its acceptance by the association constituted a contract between the plaintiff and the association by which the plaintiff agreed in writing to conform to the regulations of the association, one of which regulations was that all ifferences between the association and a member should be submitted to arbitration, and that contract also constituted a submission to arbitration; therefore, on both those grounds a stay of the action would be granted. Notes Applied: Anglo-Newfoundland Development Co v R, [1920] 2 KB 214. Considered: Agricultural Wholesale Society v Biddulph and District Agricultural Society, [1925] Ch 769; Beattie v Beattie, Ltd, [1938] 3 All ER 214. Applied: Kanssen v Rialto (West End) Ltd, [1944] Ch 154. Considered: Rayfield v Hands, [1958] 2 All ER 194.Referred to: London Sack and Bag Co v Dixon and Lugton, Ltd, [1943] 2 All ER 763. As to the effect of memoranda and articles of association, see 6 HALSBURY'S LAWS (3rd Edn) 127-130, and for cases see 9 DIGEST (Repl) 85-88. As to submissions to arbitration and stay of proceedings, see 2 Page 2 HALSBURY'S LAWS (3rd Edn) 3 et seq, and for cases see 2 DIGEST (Repl) 421 et sec. For Companies Act, 1948 see 3 HALSBURY'S STATUTES (2nd Edn) 452, and for Arbitration Act, 1950, see ibid, vol 29, p 89. Cases referred to: 1) Willesford v Watson (1873) 8 Ch App 473; 42 LJ Ch 447; 28 LT 428; 37 JP 548; 21 WR 350, LC & LJJ; 2 Digest (Repl) 452, 190a. (2) Re Tavarone Mining Co, Pritchard's Case (1873) 8 Ch App 956; 42 LJ Ch 768; 29 LT 368; 21 WR 829, LJJ; 9 Digest (Repl) 85, 362. (3) Melhado v Porto Alegre Rail Co (1874) LR 9 CP 503; 43 LJCP 253; 31 LT 57; 23 WR 57; 9 Digest (Repl) 53, 152. (4) Eley v Positive Government Security Life Assurance Co (1875) 1 ExD 20; 45 LJQB 50; 33 LT 743; 24 WR 252; affirmed (1876) 1 ExD 88; 45 LJQB 451; 34 LT 190; 24 WR 338, CA; 9 Digest (Repl) 87, 372. 1914-15] All ER Rep 900 at 901 (5) Browne v La Trinidad (1887) 37 Ch D 1; 57 LJ Ch 292; 58 LT 137; 36 WR 289; 4 TLR 14, CA; 9 Digest (Repl) 87, 374. (6) Kelner v Baxter (1866) LR 2 CP 174; 36 LJCP 94; 15 LT 213; 15 WR 278; sub nom Kelmer v, Baxter, 12 Jur NS 1016; 9 Digest (Repl) 682, 4498. (7) Re Famatina Development Coops, Ltd, [1914] 2 Ch 271; 84 LJ Ch 48 ; 30 TLR 696, CA; 10 Digest (Repl) 978, 6731. (8) MacDougall v Gardiner (1875) 1 Ch D 13; 45 LJ Ch 27; 33 LT 521; 24 WR 118, CA; 9 Digest (Repl) 619, 4130. (9) Pender v Lushington (1877) 6 Ch D 70; 46 LJ Ch 317; 9 Digest (Repl) 609, 4039. 10) Imperial Hydropathic Hotel Co, Blackpool v Hampson (1882) 23 Ch D 1; 49 LT 150; 31 WR 330, CA; 9 Digest (Repl) 553, 3655. (11) Johnson v Byttle's Iron Agency (1877) 5 Ch D 687; 46 LJ Ch 786; 36 LT 528; 25 WR 548, CA; 9 Digest (Repl) 350, 2243. (12) Bradford Banking Co, Ltd v Briggs & Co, Ltd (1886) 12 App Cas 29; 56 LJ Ch 364; 56 LT 62; 35 WR 521; 3 TLR, 170, HL; 9 Digest (Repl) 85, 363. (13) Word v Odessa Waterworks Co (1889) 42 Ch D 636; 58 LJ Ch 628; 37 WR 733; 5 TLR 596; 1 Meg 265; 9 Digest (Repl) 86, 364. (14) Salmon v Quin and Axtens, Ltd, [1909] 1 Ch 311; 78 LJ Ch 367; 100 LT 161; 25 TLR 164; 53 Sol JoPage 3 150, CA; affirmed sub nom Quin and Axtens, Ltd v Salmon, [1909] AC 442; 78 LJ Ch 506; 100 LT 820; 25 TLR 590; 53 Sol Jo 575; 16 Man s 230, HL; 9 Digest (Repl) 498, 3283. (15) Welton v Saffery, [1897] AC 299; 66 LJ Ch 362; 76 LT 505; 45 WR 508; 13 TLR 340; 41 Sol Jo 437; 4 Mans 269, HL; 9 Digest (Repl) 203, 1293. (16) Bisgood v Henderson's Transvaal Estates, Ltd, [1908] 1 Ch 743; 77 LJ Ch 486; 98 LT 809; 24 TLR 510; 52 Sol Jo 412; 15 Mans 163, CA; 9 Digest (Repl) 201, 1288. (17) Re Lewis, Ex parte Munro (1876) 1 QBD 724; 45 LJQB 816; 35 LT 857; sub nom R v Munro, Re Lewis, 24 WR 1017, DC; 42 Digest 126, 1211. 18) Caerleon Tinplate Co v Hughes (1891) 60 LJQB 640; 66 LT 118; 7 TLR 619; 2 Digest (Repl) 423, 27. (19) Baker v Yorkshire Fire and Life Assurance Co, [1892] 1 QB 144; 61 LJQB 838; 66 LT 161; 2 Digest (Repl) 423, 28. Also referred to in argument: Morgan v W Harrison, Ltd, [1907] 2 Ch 137; 76 LJ Ch 548; 97 LT 445, CA; 2 Digest (Repl) 445, 170. Borland's Trustee v Steel Bros & Co, Ltd, [1901] 1 Ch 279; 70 LJ Ch 51; 47 WR 120; 17 TLR 45; 9 Digest (Repl) 99, 446. Re Wheat Buller Consols (1888) 38 Ch D 42; sub n om Re Wheal Buller Consols Ltd, Ex parte Jobling, 57 LJ Ch 333; 58 LT 823; 36 WR 723; 4 TLR 282, CA; 9 Digest (Repl) 469, 3071.Adjourned Summons by which the defendants applied for a stay of the action under s 1 of the Arbitration Act, 1889 [see now s 4 of the Arbitration Act, 1950]. The defendants, the Kent or Romney Marsh Sheep Breeders' Association and their secretary, W W Chapman, applied for an order staying all proceedings in the action pursuant to s 4 of the Arbitration Act, 1889, and referring the matters in dispute in the action to arbitration under art 49 of the articles of association of the association.The Kent or Romney Marsh Sheep Breeders' Association was incorporated under the Companies Acts in the year 1895 as an association not for profit, the defendant [1914-15] All ER Rep 900 at 902 W W Chapman having been the secretary since the incorporation of the association. On 8 November 1905, the plaintiff, Alfred John Hickman, wrote to Chapman as such secretary stating he wished to become a member of the association, and in reply on 10 November 1905, Chapman wrote to the plaintiff inclosing a form of application for membership.This form, completed and signed by the plaintiff, was received by Chapman on or about 12 November 1905, and was as follows: Page 4 â€Å"Kent or Romney Marsh Sheep Breeders' Association (Incorporated). – Application form for membership. – I, Alfred J Hickman, of Court Lodge, Egerton, in the county of Kent, am desirous of becoming a member of the Kent or Romney Marsh Sheep Breeders' Association (Incorporated) as a flock owner, and I engage when elected to pay the entrance fees, annual subscriptions, nd such fees for entry of ewe flocks and individual sheep as may then be in force or subsequently adopted, together with all such costs for inspection and tattooing as may be sanctioned by the council for the time being, and to conform to the rules and regulations of the association until I by notice in writing to the secretary cease to be a member of the association. – Signature, ALFRED J HICKMAN. – Dated Nov 11, 1905. † The plaintiff was elected a member of the association on 12 December 1905, and he was informed of such election by letter on 14 December 1905.By art 49 of the articles of association of the defendant company: â€Å"Whenever any difference arises between the association and any of the members touching the true intent or construction or the incidents or consequences of these presents or of the statutes, or touching anything then or thereafter done, executed, omitted, or suffered in pursuance of these present, or of the statutes, or touching any breach or alleged breach of these presents, or any claim on account of any such breach or alleged breach, or otherwise relating to the premises or to these presents, or to any statute affecting the association, or to any of the affairs of the association, every such difference shall be referred to the decision of an ar bitrator to be appointed by the parties in difference or if they cannot agree upon a single arbitrator, to the decision of two arbitrators, of whom one shall be appointed by each of the parties in difference, or an umpire to be appointed by the two arbitrators. â€Å"On 18 December 1914, the plaintiff issued the writ in the present action claiming, inter alia, an injunction to restrain the defendants from taking any steps to expel him from the association or doing any act or acts in derogation of his rights as a member of the association, and damages for refusing to register his sheep, and a declaration that he was entitled to have his sheep registered. A summons for directions was issued, but before it was heard or any further step taken is the action, the defendant association and Chapman issued this summons far the hearing of an application by them that all further proceedings be stayed, pursuant to s 4 of the Arbitration Act, 1889, and that the matters in question in the action should be referred to arbitration in accordance with art 49 of the articles of the association.By s 4 of the Arbitration Act, 1889 [see now Arbitration Act, 1950, s 4]: â€Å"If any party to a submission, or any person claiming through or under him, commences any legal proceedings in any court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to that court to stay the proceedings, and that court, or a judge thereof, if satisfied that there is no sufficient reason why the matter should not be referred is accordance with the submission, and that the applicant was, at the time when the proceedings were commenced, [1914-15] All ER Rep 900 at 903 and still remains, ready and willing to do all things necessary to the proper conduct of the arbitrat ion, may make an order staying the proceedings. † By s 27 [see s 32 of Act of 1950]: â€Å"‘Submission' means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not. â€Å"By s 14(1) of the Companies (Consolidation) Act, 1908 [see now s 20 of Companies Act, 1948]: â€Å"The memorandum and articles shall, when registered, bind the company and the members thereof to the same extent as if they respectively had been signed and sealed by each member, and contained covenants on the part of each member, his heirs, executors, and administrators, to observe all the provisions of the memorandum and of the articles, subject to the provisions of this Act. † Page 5 Micklem, KC, and F Hinde for the defendants. Frank Russell, KC, and HS Simmons for the plaintiff in the action. Cur adv vult, 31 Mar 1915 ASTBURY J: (read the following judgment) This is a summons by the defendants to stay proceedings in the action under s 4 of the Arbitration Act, 1889 [see now s 4 of Arbitration Act, 1950].The plaintiff, by his writ in the action, which is brought against the defendant association and their secretary, claims injunctions, a declaration, and certain other relief in respect of matters which arise out of and relate solely to the affairs of the association, which relief is, in substance, to enforce the plaintiff's rights under the articles of association of the defendant company. It is admitted by the plaintiff that the action is against, the association and the second defendant as its officer, and no point is made by the plaintiff of there being two defendants. The association is a limited company registered under the Companies' Acts, and by its memorandum of association it is provided (inter alia) that the objects of the association are â€Å"the encouragement of the breeding of Kent or Romney Marsh sheep at home and abroad and the maintenance of the purity of the breed† Further: The es tablishment and publication of a flock book of recognised and pure-bred sires which have been used, or ewes which have been bred from, and of such other flock books (if any) which the council may think fit and the annual registration of the pedigrees of such sheep as are proved to the satisfaction of the council to be eligible for entry. †¦ The undertaking of the arbitration upon and settlement of disputes and questions relating to or connected with Kent or Romney Marsh sheep and the breeding thereof, and for other subsidiary purposes. † By art 49 disputes between the association and any of its members are to be referred to arbitration.This is a common form of article in private companies, and, the objects of the association being what they are, it and its members might he seriously prejudiced by a public trial of their disputes. If this summons fails, as the plaintiff contends that it should, these arbitration clauses in articles are of very little, if any, value. The pl aintiff became a member of the association in 1905. It is clear on the authorities that if there is a submission to arbitration within the meaning of the Arbitration Act there is a prima facie duty cast upon the court to act upon such an agreement: per LORD SELBORNE in Willesford v Watson (1) 8 Ch App at p 480.In the present case the defendants contend, first, that art 49, dealing as it does with the members of the company in their capacity of members only, constitutes a submission within the meaning of the Arbitration Act, or, alternatively, that the contract contained in the plaintiff's application for membership and the company's [1914-15] All ER Rep 900 at 904 acceptance of it amounts to such a submission. The plaintiff contests both these propositions. Independently Page 6 of the particular dispute in this case, the arguments, especially upon the first of these contentions, have raised questions of far-reaching importance and of great difficulty. I will deal with the question a s to the effect of art 49 first. Section 14(1) of the Companies (Consolidation) Act, 1908 [see new s 20(1) of Companies Act, 1948], says: The memorandum and articles shall, when registered, bind the company and members thereof to the same extent as if they respectively had been signed and sealed by each member, and contained covenants on the part of each member, his heirs, executors, and administrators, to observe, all the provisions of the memorandum and of the articles, subject to the provisions of this Act† It is laid down in text-books of the highest authority that the articles are not a contract between the members and the company, but a contract with the other members. The articles are a contract only as between the members inter se in respect of their rights as shareholders.The exact nature of this covenant – that is, the covenant referred to in s 14 – has given rise to considerable discussion and is even now very difficult to define; but it is now settled that it is not equivalent to a contract between the company, on the one part, and the members, on the other, on which either a member can sue the company or the company can sue a member. The principal authorities in support of these propositions are Re Tavarone Mining Co, Pritchard's Case (2); Melhado v Porto Alegre Rail Co (3); Eley v Positive Government Security Life Assurance Co (4); and Browne v La Trinidad (5) In Pritchard's Case (2) by the articles of association of a mining company it was provided that the company should immediately after incorporation enter into an agreement with the vendor of the mine for the purchase of the mine, and the price was fixed.The articles were signed by the vendor and six other persons, and the directors allotted shares to the vendor, but no further agreement was made with him. It was held, affirming the decision of WICKENS, V-C, that the articles of association did not constitute a contract in writing between the vendor and the company within s 27 of the Companion Act, 1867, and that certain shares should not, therefore, be considered as fully paid up. MELLISH, LJ, in giving judgment, said (8 Ch App, at p 960): â€Å"But I am of opinion that the articles of association cannot be considered as a contract in writing between De Thierry and the company for the sale of the mine to them.It may no doubt be the case if no other contract was entered into, and if De Thierry signed these articles and they were acted upon, that a court of equity would hold that as between him and the company – from their acting upon it – there was a binding contract; but in themselves the articles of association are simply a contract as between the shareholders inter as in respect of their rights as shareholders. They are the deed of partnership by which the shareholders agree inter se. † In Melhado v Porto Alegre Rail Co (3) the articles of association of a joint stock company provided that the company should defray such expens es incurred in its establishment as the directors should consider might be deemed and treated as preliminary expenses to an amount not exceeding a sum named. The plaintiffs, who were promoters of the company, had incurred preliminary expenses in its establishment, and it was held that no action would lie at the suit of the plaintiffs against the company under the articles. LORD COLERIDGE, CJ, said (LR 9 CP at p 505): The action is brought on a clause in the articles of association, by which the directors are authorised to pay certain expenses if they should consider them [1914-15] All ER Rep 900 at 905 to be properly deemed preliminary expenses. The declaration avers that all conditions were. performed, necessary to entitle the plaintiffs to be paid, their expenses; and therefore I think we must take it that, they, were expenses which, if the directors had thought proper to pay then the articles would have justified them in paying. The question therefore is whether an action will li e for the payment of these expenses, in pursuance of the articles of association, to which the plaintiffs were not parties.I have come to the conclusion that no such action will lie – I must say somewhat reluctantly, because though I wish to â€Å"press no opinion on the merits of this particular case, having no materials for forming such Page 7 an opinion, it does seem just, in general, if a company takes the benefit of the work and expenditure by which its existence has been rendered possible, and voluntarily comes into existence on the terms that it shall be liable to pay for such work and expenditure, that a cause of action should be given. I can find, however, no legal principle upon which such an potion can be maintained. It appears to me that there is no contract between the plaintiffs and the defendants.The doctrine of ratification is inapplicable, for the reasons given in the judgments in Kelner v Baxter (6). † MELLOR, J, said (ibid at p 506): â€Å"The plain tiffs were not in any way parties to the articles of association, and there was not, therefore, any express contract to pay them. † BRETT, J, said (ibid at p 507): â€Å"There is no contract, in my judgment, of any sort upon which they can sue, and unless there be a contract of some sort between them and the company I do not see that they can have any cause of action. No contract made with them before the existence of the company can be ratified by the company for the reasons pointed out in the case of Kelner v Baxter (6) with which I fully agree. â€Å"In Eley v Positive Government Security Life Assurance Co (4) the articles of association contained a clause in which it was stated that the plaintiff, a solicitor, should be the solicitor to the company and transact its legal business. The article were registered and the company incorporated. The plaintiff was not appointed solicitor by any resolution of the directors, nor by any instrument bearing the seal of the company, th at he acted as such for a time. Subsequently the company ceased to employ him, and he brought an action for breach of contract against the company for not employing him as its solicitor. The first count of the declaration stated that it was agreed by and between the plaintiff and the defendants that the plaintiff should be employed by the defendants as, and appointed by them to the office of, solicitor of the company.During the argument it was contended that the contract declared for was not the contract purported to be contained in the articles. AMPHLETT, B, in his judgment, said (1 ExD at pp 26, 28): â€Å"The articles, taken by themselves, are simply a contract between the shareholders inter se, and cannot, in my opinion, give a right of action to a person like the plaintiff, not a pasty to the articles, although named therein. If authority were wanted for this proposition, the cases cited in the argument, Pritchard's Case (2) and Melhado v Porto Alegre Rail Co (3) are, in my op inion, quite conclusive on the subject. †¦ For these reasons, I think that there was no contract at all between the plaintiff and the company to the effect stated in the declaration. â€Å"CLEASBY, B, confined his judgment to the last points raised in the case and said (ibid at p 30): â€Å"I am of opinion that cl 118 of the articles cannot by itself be taken to operate as a contract between the solicitor and the company. † [1914-15] All ER Rep 900 at 906 KELLY, CB, said (ibid at pp 31, 32): â€Å"I forbear to pronounce any opinion as to whether these articles, with the fact of the subsequent employment, constitute a contract on the terms contained in them, because, were I to so hold, there would be a difficult question behind, whether it was not ultra vires for the directors to attempt to bind the company to employ a solicitor to transact, for all his life, all the legal business of the company.Passing by this, I come to consider the objection raised under s 4 of the Statute of Frauds. I do not see how anyone can doubt that this agreement was not to be performed within a year. It was for the life of the plaintiff, subject to a defeasance on the possibility of his being guilty of some misconduct. But, assuming, as I think we must, that this was not to be performed in a year, the question arises whether there is any memorandum or note in writing of it signed by the defendants. The signatures affixed to the articles were she intuitu and it can hardly be suggested that the directors had any idea that in signing the articles they were signing a note of this contract. † Page 8This case went to the Court of Appeal, and LORD CAIRNS, LC, said (1 ExD at pp 89, 90): â€Å"I wish to say, in the first place, that in my opinion a contract of the kind suggested to exist in this case ought not to receive any particular favour from the court. The statement is that Baylis was endeavouring to form a joint stock insurance company upon a new principle, and ap plied to the plaintiff to make advances to meet the expenses of getting up the company, and it was arranged between them that in the event of the company being formed the plaintiff should be appointed permanent solicitor to the company. That is to say, a bargain is made between a professional man and Baylis, which, so far as the case is concerned, does ot appear to have been communicated to those who were invited to join the company, that if the former will advance money for the formation of the company he shall be appointed permanent solicitor, and the company shall be obliged to employ him as their professional adviser. When the articles are prepared, they are so by the plaintiff, and in them he inserts a clause which no doubt informs those who signed the articles of the arrangement, but does not appear to have been brought to the notice of those who joined from receiving circulars. This, I repeat; is not a proceeding which the court would encourage in any way. I also wish to rese rve my judgment as to whether a clause of this kind is obnoxious to the principles by which the courts are governed in deciding on questions of public policy. †¦ This case was first rested on the 118th article.Articles of association, as is well known, follow the memorandum, which states the object of the company, while the articles state the arrangement between the members. They are an agreement inter socios, and in that view, if the introductory words are applied to art 118, it becomes a covenant between the parties to it that they will employ the plaintiff. Now, so far as that is concerned, it is res inter alios acts, the plaintiff is no party to it. No doubt he thought that by inserting it he was making his employment safe as against the company, but his relying on that view of the law does not alter the legal effect of the articles. This article is either a stipulation which would bind the members or else a mandate to the directors.In either case it is a matter between the directors and shareholders, and not between them and the plaintiff. † In Browne v La Trinidad (5) before the formation of the company an agreement was entered into between B. and a person as trustee for the intended company by which it was stipulated (inter alia) that B should be a director and should not be removable till after 1888. The sixth clause of the articles provided that the directors should adopt and carry into effect the agreement with or without modification, and that subject to such modification (if any) the provisions of the agreement [1914-15] All ER Rep 900 at 907 should be construed as part of the articles.The agreement was acted upon, but no contract adopting it was entered into between the plaintiff and the company. Held, that treating the agreement as embodied in the articles, still there was no contract between B and the company that he should not be removed from being a director, the articles being only a contract between the members inter as, and not b etween the company and B COTTON, LJ, towards the end of his judgment, said (37 Ch D at pp 13, 14): â€Å"Assuming that an unlimited power is given to the meeting by art 91, ought we, having regard to the contract entered into by the memorandum of Nov 24, 1884, and art 6, to interfere by injunction to restrain the company in general meeting from acting under that power?I do not give any opinion upon the question how far the court would have interfered by injunction in order specifically to enforce an agreement between the company and the plaintiff that he should be an irremovable director. That point raises questions upon which I should not like to give any opinion without having them fully discussed. In my opinion we ought not to interfere in the present case, because there is no such contract between the plaintiff and the company. The memorandum of agreement of Nov 24, 1884, is in no way a contract between the plaintiff and the company. It is said that it was adopted and incorpora ted into the articles, but I cannot accede to that. The company by its directors acted upon the agreement, but that does not make it binding on the company.Then is it incorporated into the articles in such a way as to entitle the plaintiff to say, ‘I have such a contract between me and the company as can be enforced by a court of law, and as I might enforce in equity by way of specific performance'? That point is clearly settled, I think, by Eley v Positive Government Security Life Assurance Co (4). There two of the members of the court of first instance held, and the other member did not express dissent, that the articles are merely a contract between the shareholders inter se, and that though a person in whose favour a stipulation is made in the articles may afterwards have shares allotted to him, he does not by that means become in the same position as if he had entered into a contract with the company. † LINDLEY, LJ, said: â€Å"Having regard to the construction put upon s 16 of the Companies Act of 1862 in the case of Eley v.Positive Government Security Life Assurance Co (4) and subsequent cases, it must be taken as settled that the contract upon which he relies is not a contract upon which he can maintain any action, either on the common law side or the equity side. There might have been some difficulty in arriving at that conclusion if it had not been for the authorities, because it happens that this gentleman has had shares allotted to him, and is therefore a member of the company. Having regard to the terms of s 16, there would be some force, or, at all events, some plausibility, in the argument that, being a Page 9 member, the contract which is referred to in the articles has become binding between the company and him.Of course, that argument is open to this difficulty, that there could be no contract between him and the company until the shares were allotted to him, and it would be remarkable that upon the shares being allotted to him a contract between him and the company, as to a matter not connected with the holding of shares, should arise. † In these four cases the article relied upon purported to give specific contractual rights to persons in some capacity other than that of shareholder, and in none of them were members seeking to enforce or protect rights given to them as members in common with the other corporators. The actual decisions amount to this, that an outsider to whom rights purport to be given by the articles in his capacity as such outsider, whether he subsequently becomes a member or not, [1914-15] All ER Rep 900 at 908 cannot sue on such articles treating them as contracts between himself and the company to enforce such rights.Such rights are not part of the general regulations of the company applicable alike to all shareholders and can only exist by virtue of some contract between such non-member and the company, and the subsequent allotment of shares to an outsider in whose favour such an article is inserted does not enable him to sue the company on such an article to enforce rights which are res inter alios acta and not part of the general rights of the corporators as such. The language of some of the judgments appears, however, to go further, as recognised, for instance, by SARGANT, J, in Re Famatina Development Corpn (7) ([1914] 2 Ch at p 279). The wording of s 14(1) of the Companies (Consolidation) Act, 1908, which is in the same terms as s 16 of the Act of 1862 [see now s 20(1) of Companies Act, 1948], is difficult to construe or understand. The company cannot in the ordinary course be bound otherwise than by statute or contract, and it is in this section that its obligation must be found, so far as the members are concerned.The section does not say with whom they are to be deemed to have covenanted, but the section cannot mean that the company is not to be bound when it says it is to be bound, as if, , nor can the section mean that the members are to be unde r no obligation to the company under the articles in which their rights and duties as corporators are to be found. Much of the difficulty is removed if the company be regarded, as the framers of the section may very well have so regarded it, as being treated in law as a party to its own articles. It seems clear from other authorities that a company is entitled as against its members to enforce and restrain breaches of its regulations: see, for example, MacDougall v Gardiner (8) Pender v Lushington (9) and Imperial Hydropathic Hotel Co, Blackpool v Hampson (10). In the last case BOWEN, LJ, said (23 Ch D at p 13): â€Å"The articles by s 16 are to bind the company and all the shareholders as much as if they had all put their seals to them. â€Å"It is also clear from many authorities that shareholders as against their company can enforce and restrain breaches of its regulations, and in many of these cases judicial expressions of opinion appear which, in my judgment, it is impossible to disregard. In Johnson v Lyttle's Iron Agency (11) in an action by a shareholder against the company, JAMES, LJ, said (5 Ch D at p 693): â€Å"The notice did not comply strictly with the provisions of the contract between the company and the shareholders which is contained in the regulation of Table A† In Bradford Banking Co, Ltd v Briggs & Co, Ltd (12) the articles gave the company a lien on its members' shares, and, in an action by the company to enforce such lien, LORD BLACKBURN said (12 App Cas at p 33): Page 10 The only one of the articles of association which I think it material to notice is the 103rd article, which is as follows: ‘The company shall have a first and permanent lien and charge, available at law and in equity, upon every share of every person who is the holder or one of several joint owners thereof for all debts due from him, either alone or jointly with any other person, whether a shareholder or not in the company. ‘ John Faint Easby, a coa l merchant, became a proprietor of a number of shares in the respondent company, and obtained certificates for them. This property in the shares was, by virtue of s 16 of the Companies Act, 1862, already quoted, I think, bound to the company as much as if he had (at the time he became holder of these shares) executed a covenant to the company in the same terms as art 103, but I do not think it was bound any further. † [1914-15] All ER Rep 900 at 909In Wood v Odessa Waterworks Co (13) which was an action by the plaintiff on behalf of himself and all other shareholders against the company, STIRLING, J, said (42 Ch D at p 642): â€Å"The articles of association constitute a contract not merely between the shareholders and the company, but between each individual shareholder and every other. † In Salmon v Quin and Axtens, Ltd (14) FARWELL, LJ, referring to this last statement, said ([1909] 1 Ch at p 318): â€Å"I think that that is accurate subject to this observation, tha t it may well be that the court would not enforce the covenant as between individual shareholders in most cases. † In Welton v Saffery (15) LORD HERSCHELL, who dissented on the main question from the rest of the House, made the following general observation ([1897] AC at p 315): â€Å"Section 16 of the Act of 1862 provides that the articles of association, when registered, shall bind the company and the members hereof to the same extent as if each member had signed his name and affixed his seal thereto, and there were in such articles contained a covenant on the part of himself, his heirs, executors, and administrators, to conform to all the regulations contained in such articles, subject to the provisions of this Act. The articles thus become in effect a contract under seal by each member of the company, and regulate his rights. They cannot, of course, diminish or affect any liability created by the express terms of the statute; but, as I have said, the statute does not purp ort to settle the rights of the members inter se; it leaves these to be determined by the articles (or the articles and memorandum together) which are the social contract regulating those rights. I think it was intended to permit perfect freedom in this respect.It is quite true that the articles constitute a contract between each member and the company, and that there is no contract in turns between the individual members of the company; but the articles do not any the less, in my opinion, regulate their rights inter se. Such rights can only be enforced by or against a member through the company, or through the liquidator representing the company; but I think that no member has, as between himself and another member, any right beyond that which the contract with the company gives. † In all these last-mentioned cases the respective articles sought to be enforced related to the rights and obligations of the members generally as such, and not to rights of the character dealt with in the four authorities first above referred to.It is difficult to reconcile these two classes of decisions and the judicial opinions therein expressed, but I think this much is clear – first, that no article can constitute a contract between the company and a third person; secondly, that no right merely purported to be given by an article to a person, whether a member or not, in a capacity other than that of a member, as, for instance, as solicitor, promoter, or director, can be enforced against the company; and, thirdly, articles regulating the rights and obligations of the members generally as such do create rights and obligations between them and the company respectively. Page 11 In Bisgood v Henderson's Transvaal Estates, Ltd (16) BUCKLEY, LJ, said ([1908] 1 Ch at p 759): â€Å"The purpose of the memorandum and articles is to define the position of the shareholder as shareholder, not to bind him in his capacity as individual. † By s 27 of the Arbitration Act, 188 9 [see now s 32 of Arbitration Act, 1950]: â€Å"‘Submission' means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not. † [1914-15] All ER Rep 900 at 910The defendant's first contention is that art 49 is, on the authorities, a written agreement within the meaning of this section. In Re Lewis, Ex parte Munro (17) which was an action on the Attorneys and Solicitors Act, 1870, it was held that: â€Å"A document containing the terms of an agreement as to the amount of costs payable by a client to his solicitor, assented to by the client, but signed by the solicitor only, is not ‘an agreement in writing' within the Attorneys and Solicitors Act, 1870. † LORD COLERIDGE, CJ, said: â€Å"It is quite clear that there was no agreement in writing within s 4 of the Act. †¦ An ‘agreement in writing' within s 4 must be an agreement by both parties, and both parties must sign their names upo n the agreement. â€Å"In Caerleon Tinplate Co v Hughes (18) in an action for the price of goods sold, the bought note signed by the defendants contained a provision for arbitration in case of dispute, while the sold note signed by the plaintiff contained no such provision. It was held that there was no submission within the meaning of the Act, for an agreement to submit to arbitration must be in writing and signed by both parties. Re Lewis (17) was referred to, and DENMAN, J, referring to s 27 of the Arbitration Act, 1889, said (60 LJQB at p 641): â€Å"In my judgment, there can be no written agreement unless in writing signed by the parties as their agreement, and that ‘written agreement' means one in which the terms on both sides are reduced into writing.It is useless to discuss the doctrines here, for the bought and sold notes differ in the essential particular that the former contains a provision which is wholly absent in the latter. † WILLS, J, said (ibid): †Å"Supposing there were a contract and the parties were ad idem [which in fact they were not in this case] yet there was no submission under the Act unless there was an agreement in writing by both parties. Re Lewis, Ex parte Munro (17) is conclusive on this point. In the present case the agreement is to be in writing under s 27, and we must hold that both parties must sign their names to it; otherwise there might be a conflict of evidence, and a discussion as to what was understood by either party. â€Å"In Baker v Yorkshire Fire and Life Assurance Co (19) an action was brought on a fire policy which was executed in the usual way by the company, but not by the assured, and it was held that the policy, though not signed by the plaintiff, amounted to a submission to arbitration within the meaning of the Act LORD COLERIDGE, CJ, who had been a party to Re Lewis (17) said ([1892] 1 QB at pp 145, 146): Page 12 â€Å"The plaintiff sues on the policy, and by so suing affirms it to be his contract; he cannot disaffirm a part of the very contract on which he is suing. He contends that in order to bring into operation the arbitration clause contained in the policy, the policy must be signed by both parties; but the Act of Parliament says nothing of the kind, and the only apparent justification for the contention is to be found in Caerleon Tinplate Co v Hughes (18). That decision must be interpreted, however, with regard to the particular facts of that case.There was there no complete contract; the two documents constituting the contract differed materially in their terms, and the court said it was plain that the parties were never ad idem. † A L SMITH, LJ, said (ibid at pp 146, 147): â€Å"It is said, however, that by the interpretation clause a submission must be a written agreement to refer disputes to arbitration. This, however, is not a [1914-15] All ER Rep 900 at 911 higher interpretation than was necessarily put on the language of the old Act, under which it was the universal practice to refer these cases, and does not mean that in all cases the written agreement to refer must be signed by both parties. It is quite unnecessary to say more as to the decision in Caerleon Tinplate Co v Hughes (18) than that it turned entirely upon the peculiar facts of the case. â€Å"The result of these decisions is, I think, that if the submission is in writing and is binding on both parties as their agreement, or as the equivalent in law to an agreement between them, the statute is satisfied. In the present case the plaintiff's action is, in substance, to enforce rights as a member under the articles against the company. The 49th article is a general article applying to all the members as such, and, apart from technicalities, it would seem reasonable that the plaintiff ought not to be allowed, in the absence of any evidence filed by him, to proceed with an action to enforce his rights under the articles which in itself is a breach of his obligation contained therein to submit his disputes with the company to arbitration, and, if the case falls within the Act, I see no reason for exercising my discretion under s 4 in his favour.In my judgment, art 49, for the reasons above referred to, creates rights and obligations enforceable as between the plaintiff and the company respectively, and such rights and obligations are contained in a written document, but whether such document is a contract or agreement between the plaintiff and the defendants within s 27 of the Arbitration Act, 1889, depends upon whether the decision in Eley v Positive Government Security Life Assurance Co (4) and the other cases of a similar character above referred to ought to be regarded as only dealing with and applying to articles purporting, first, to contain an agreement with the company and a third person, or, secondly, to define the rights of a shareholder in some capacity other than that of a member of the company.To reconcile the decisions and express ions of judicial opinion above mentioned, some such view should, I think, be adopted, and general articles dealing with the rights of members â€Å"as such† treated as a statutory agreement between them and the company as well as between themselves inter se, and in my judgment, art 49 in the present case does constitute a submission to arbitration within the true meaning and intent of the Arbitration Act. Having regard, however, to the conclusion to which I have come on the second contention raised by the defendants, it is not necessary for me to base my decision upon this ground alone and upon the opinion I have so expressed.The defendants' second contention is that the contract contained in the plaintiff's application for membership, and the defendants' acceptance of it, amounts to a submission within the Act. On 8 November 1905, the plaintiff wrote to the company, through its secretary: â€Å"I wish to become a member of the Kent Sheep Breeders' Association. Will you kind ly take the necessary steps? † That was answered by a letter from the secretary, in which he said: â€Å"If you will fill in the inclosed form †¦ I shall have great pleasure in submitting it to the next council meeting. † Page 13 The form inclosed was signed by the plaintiff. It stated that the plaintiff wished to become a member of the association and agreed to pay an entrance fee, subscriptions, and fees for entry of sheep, and to conform to the rules and regulations of the association.At a meeting of the council of the association held on December 12 the plaintiff's offer was accepted and he was elected a member of the defendant company. Notice of such acceptance was given to the plaintiff in a letter of December 14 by the secretary, which informed him he was elected a member of the association at the council meeting held on the 12th. In consideration of being elected a member and of his offer to join the association being accepted, the plaintiff contracted in w riting with the association to conform to its rules and regulations. One of such regulations was a general submission to arbitration of all differences between the [1914-15] All ER Rep 900 at 912 ssociation and any of its members as such, amply wide enough to cover the matters in dispute in this action. The association at the date of the contract was already bound to each and all its corporators to act in conformity with such regulations, and was at the date of the writ in this action, and has been since, ready, and willing to so act It is submitted on behalf of the plaintiff that at the date of this contract he may have known nothing about art 49, and that as the council of the association have power under its articles to make further by-laws and regulations as to certain matters therein referred to, the plaintiff's offer may have referred to these.The plaintiff has, however, filed no evidence in support of this, and the articles not only constitute the rules and regulations of the company, but refer to the rules and regulations of the association as, contained in them, and I am unable to accept this contention. In my judgment, the contract so made between the plaintiff and the association is also a submission in writing within the true meaning and intent of the Arbitration Act, and I make an order to stay under s 4 and direct that the matters in dispute in this action be referred to arbitration accordingly. Solicitors: Walters & Co; Ernest Simmons & Co. Reported by GP LANGWORTHY, ESQ, Barrister-at-Law.