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University Transfer Letter
INSTRUCTIONS:
Writer a 2 pages Transfer letter. The topic is How a Rutgers Education Will Help Me Achieve My Career Goals University Transfer letter
A school transfer request letter is basically a notice that notifies your current school about your intentions to relocate to a different school. At some point, nearly 30 percent of all students end up transferring from one school to another.
However, too many students transfer for unwarranted reasons and discover they’re not much better off after they move.
Tips On How To Write A School Transfer Request Letter
It’s very important to properly address your letter to your school’s Dean of Admissions by starting with a solid introduction and revealing your academic achievements as well as indicating your area of study.
Any personal information you add is entirely up to you, although your letter should be concise and straightforward.
• Introduction
Introduce yourself and then emphasize that you need a transfer. Include a brief account of your present academic circumstances.
• State Your Achievements
Provide a brief account of all your academic achievements. Include any awards or honors that you may have received in addition to your GPA (grade point average).
Offer any details of the activities you participate in, such as any athletic or academic clubs, or your involvement with any volunteering opportunities.
• List The Reasons Why You Want To Transfer
Give the reasons why you want or need to transfer, whether it’s due to a family emergency, changes in your major, or other reasons.
• Express Sincere Gratitude To The Recipient Of Your Letter
Be sure to express your utmost gratitude to the Dean of Admissions and include your current contact information as well.
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Temple University Admission Essay
INSTRUCTIONS:
The first paragraph: mainly write your own background and why you want to pursue this major in this university. Is to introduce their own pursuits;
The second paragraph: Use your own previous experience to explain why you want to pursue this profession. At the time of the interview, the example of being good at using resources in your own hands when you go to school can be used to prove how you are interested in business to achieve further explanation. Briefly introduce what you have gained from it, and what inspiration for your future career!
The third paragraph: through the previous paragraph to lead their own career development, and then contact their career pursuit and the project they want to go. There is also the academic progress and breakthroughs that you want to make in your academic career!
The fourth paragraph: summarize the above content! Then express your vision of going to this university!
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Digital Media Design Admission Essay Course Application
INSTRUCTIONS:
Write a 1 page personal statement for a digital media design course in University (Masters Degree). This personal statement is more like an admission essay, max 500 words
Digital-Media Design combines aspects of art, communications, business, and digital media. Students study with a variety of instructors with expertise in graphic design, photography, publishing, video, audio, animation, web design, marketing, and business information systems. Students develop a broad range of communication skills in visualization, communication, presentation, writing, and technology.
These skills provide an excellent foundation for careers in publishing, graphic design, web design, multimedia, arts administration, copywriting, and specialist careers in the art, design, and digital media industries. Many classes will be held in the new Media Arts Center. Students will experience lectures, workshops, tutorials, and project work. Opportunities for independent learning and internships will be readily available.
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Football Business Academy Admission Essay in Switzerland
INSTRUCTIONS:
Letter of Motivation, admissions for the Football Business Academy in Switzerland
The FBA is an ambitious educational institution dedicated to the football industry. Our programs have been developed in a collaborative way with football industry experts around one foremost objective: to provide Candidates with all the necessary tools and an optimal learning environment in order to succeed in this passionate and dynamic industry.
Key points:
– Talk about your path in the Football Business
– Why should you join the Football Business Academy in March 2021.
-Adding value
-Broadening horizon
– Your Goal
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USC Admission Essay
INSTRUCTIONS:
In your USC Admission Essay; Describe a time when something important to you did not work out as planned. How did you respond and what did you learn from the situation? (500 words max)
Please provide a statement that addresses your reasons for transferring and the objectives you hope to achieve. You can type directly into the box, or you can paste text from another source. (Approximately 650 words)
What is something about yourself that is essential to understanding you?(250 words max)
Describe how you plan to pursue your academic interests and why you want to explore them at USC specifically.
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ECJ and ICJ Roles Compared
Introduction
The International Court of Justice (ICJ) is the legal structure of the United Nations (UN) and the leading international court with jurisdiction over global legal differences. On the other hand, the European Court of Justice (ECJ) is the legal establishment of the European Union (EU)[1]. The ECJ is mandated with resolving member states differences. The International Court of Justice (ICJ) and the European court of justice (ECJ) were set up by interstate treaties to perform various roles[2]. The will evaluates the different roles of ICJ and ECJ.
Settlement of Disputes
Both ECJ and ICJ play a significant function of settling disputes. To start with the ICJ’s role is two-fold; resolve disputes based on the international law and legal conflicts submitted to the court and provide advisory guidance on legal issues provided by duly international legal agencies. All UN member countries are ipso facto parties to the ICJ Statute, an aspect that is relevant to the UN Charter, and currently, almost all countries are UN member states. Every disputing nation has recognized the court’s jurisdiction as mandatory.
On advisory, UN specialized agencies and organs have the power to request the views of ICJ. The consultative process highlights on contentious proceedings and the basis of applicable law. Particular rules can, nevertheless, stipulate that advisory law is binding. This means that such laws cannot be invoked after the states have consented while the court has made a ruling.Nonetheless, a country’s failure to adhere to the tribunal’s decision breaches Article 94(2) of the UN Charter.
Noncompliance may be invoked to UN Security Council that can either make suggestions or authorize the use other strategies to enforce the ruling. The UN Security Council’s decision to implement compliance based on the court’s ruling is subjected to veto power and therefore mainly relies on the willingness of the members to resort to enforcement strategies while supporting the preliminary ruling.
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Article 36 (2) of the ICJ statute or Optional Clause, gives states the authority to make a unilateral declaration, whereby they recognize “a mandatory ipso acto and with no particular agreement, based on any country accepting similar obligations, the prerogative of ICJ in settling legal conflicts. Under the Optional Clause, some states have accepted ICJ’s jurisdiction with particular restrictions, for example, the US has appealed the Connally Reservation.
Such a reservation allows nations to avert ICJ’s prerogative initially recognized under the Optional Clause if they choose not to respond to a given suit. In most instances, it is practiced if a nation confirms that a conflict is domestic in nature and not international, and, therefore, domestic jurisdiction is applicable. If a government appeals the Connally Reservation, another one can also appeal to that nation, and hence a suit against the second country will be revoked.
This is commonly known as the rule of reciprocity and demonstrates that a nation has the responsibility of responding to the suit filed against it before the ICJ provided that the country is submitting the suit also recognizes the court’s jurisdiction. Much as ICJ has the mandate to hear any given case suitably provided, access laws evidently require that many conflicts will encompass enforcement or challenges to the actions.[3]
Settlements of Disputes in such agencies are minimized to contract conflicts with international bodies. For that reason, what may be viewed as a paradigmatic function of ICJ? Also, in the mandatory jurisdiction, ICJ’s role of settling disputes can be the foundation of enforcing the agreement and hence it can morph into enforcement function.
Moreover, ICJ is in charge of excising appellate jurisdiction, for example, this can be a result of provisions in the treaties including 1944 Convention on International Civil Aviation that envisages appeals to ICJ from rulings of ICAOCouncil.
Like ICJ, ECJ has the power of resolving interstate conflicts regarding the interpretation and use of agreements. Besides jurisdiction of inter-member states conflicts based on Article 344 Treaty on the Functioning of the European Union (TFEU), the ECJ interpret treaties through original judgments regarding the legitimacy and construal of agencies of EU and, institutions’ act.
As such, ECJ has the power of ensuring that law is not only observed but also interpreted and used in EU treaties[4]. To settle legal disputes, ECJ has a broad jurisdiction to hearing some actions. Additionally, it has the ability besides other things to regulate the applications of actions due to failure to act submitted by member states or against members as a result of failing to meet the obligations of the original judgments and appeals.[5]
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ECJ dispute resolution
The European Court of Justice (ECJ) is the legal establishment of the European Union. The court’s primary obligation is to resolve disputes between member states. Moreover, the ECJ has an important duty of ensuring that European law is understood and employed the same way across the board. While based in Luxembourg, the court consists of 28 judges, taken from each member state.
For instance, to preclude disparities of interpretation of the European Union (EU) law by national courts, the initial verdict processes enhances the co-operation between national courts and the ECJ[6]. Furthermore, if a case is presented before a domestic jurisdiction that entails a clarification of the EU bylaws, if faced with ambiguity, the national courts will indeed refer the issue to the ECJ for interpretation. The ECJ will then pronounce a decision with regards to how the law should be interpreted.
The ECJ has the mandate to enhance proceedings, particularly if initiated by The Commission for purposes of compelling a member state to abide by the EU statute. In cases where the member state is in the wrong, it has to rectify the anomaly promptly. Whenever there is a dispute emanating from laws enacted by EU institutions at the expense of EU Agreements, the ECJ may request for the cancelation of such laws.
However, the ECJ has to determine that such laws are in conflict with the EU treaties before obliterating them. In addition, invalidation proceedings can also be advanced by private individuals provided they can substantiate that the statute in question has a direct effective on them individually.[7]
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In Nold v. Commission case of 1974, the ECJ made a pronouncement guided by the legal practices common to the member states, and that it was not in any way ready to support measures that are not in tandem with fundamental rights accepted and protected by the components of member states. The pronouncement led to an understanding between member states and the ECJ.
This permitted state courts to make recommendations when the ECJ law and member states are in conflict. By and large, ICJ an ECJ resolves disagreements based on the interpretation and use of terms in trials that are created between two or more nations. Other cases may include the presence of the military in a foreign country, water boundary conflicts among others.
Court of Appeal and Compliance
ICJ serves as the court of appeal while ECJ is the foundation of ensuring that European laws are adhered to. ICJ can serve as the court of appeal of International Labor Organization (ILO) Administrative Tribunal. After 1955, the decisions of United Nations Administrative Tribunal can be appealed to ICJ; however the association was severed by United Nations General Assembly.[8]
On the other hand, the ECJ acts as a platform for making sure that European law is adhered to uniformly when it comes to interpretation of legal actions. While European laws are statutes stipulated by legislative organs, they regularly amend them based on the case law of ECJ. For that reason, the ECJ plays the function of EU integration through clarification of ambiguous legal stipulations, implemented regarding fulfilling the agreement by policy makers with different interests.[9]
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International Law Enforcement
ECJ and ICJ are in charge of enforcing international law. To start with, the ICJ is mandated to oversee countries compliance with international law. In addition, this entails reviewing countries actions, public agencies and in some instances individuals to determine if they adhere to the provisions of international rules. ICJ can consider the practices of a nation in international law as either lawful or unlawful while secondarily authorizing measures to reward victims and create expenses related to criminal actions. According to International Court of Justice Statute,
ICJ decides cases with regards to international law. This is to say, that the court should apply; a) international conventions and agreements; b) international customs; c) general codes accepted as law; and d) judicial decisions.[10] With the goal that nations can enforce legal rulings, there is an assumption of forcing legitimate national decisions. Apparently, such an assumption is not recognized globally.
The inadequate international administrative tool to enforce ICJ judgments against nations, however, some have alleged that the case of ICJ is similar to public law as well as constitutional functions of local courts.
The International Court is also tasked with the obligation to formulate the private international law. While the international court has played a comparatively modest and significant role in the creation of the international law, looking ahead, this obligation is expected to increase.
The porousness of national boundaries as an outcome of globalization, leads horizontally, to the snowballing interaction between domestic legal structures, culminating in more private global legal issues happening. However, it equally shrinks, vertically, the conventional distance between the spheres of public and private universal law. At some point, the ordering of the diversity of private law orders and arrangements the central obligation of the private international law- is slowly but surely also an issue of interest for public international law[11].
For instance, this has been made probable through the concession and wider acceptance of The Hague Conventions and other international, regional and two-pronged instruments on the transnational private law. However, standards of transnational public law are gradually cooperating with, influencing and reporting to norms of private international law, especially where they are exemplified in transnational instruments.
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With international law enforcement, the ECJ makes ruling on the actions submitted by 1) member nations, institution or legal individual; 2) making preliminary judgments upon requests of tribunals of members, on the interpretation of Union Laws; and 3) make decisions in other cases as stipulated in treaties. In addition, the ECJ reviews the legitimacy of legislative acts and the Council of Commission.
In this case, the ECJ provides uniform and precise interpretation of law while ensuring that all members adhere to it. Besides the predisposition of governments interpreting the law based on their interests, it a new regulation as such not widely recognized.
Review international administration and legitimacy
Both courts are involved in the reviews, on one hand; ICJ considers foreign policy, and on the other ECJ reviews the legitimacy of European acts. ICJ listens to challenges to the judgment of administrators in cases submitted by individuals affected by such decision.[12] Based on the standard of assessment, the court checks to ensure that administrative decision complies with the law, and the administrators have a valid basis for their understanding.
In addition, the ICJ has the power to assess the rulings of national managers responsible for enforcing international regulations. In developing and developed nations, the ICJ authorizes a local action as lawful. On the other hand, ECJ regularly reviews widespread applications for common regulatory laws. Nevertheless, in cases where nations creatively deduce international law for fostering national agenda, foreign administrators can act as a type of global enforcement structure for decision formulation.
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These administrative reviews allow nations to construe uniformly transactional, regulatory laws, providing a platform for domestic courts and administrators concerning new and complex legal problems. They also offer legal preparation especially for private individuals that do not succeed, therefore, help states protect their actions from criminal allegations. On the contrary, ECJ reviews the legitimacy of European acts, and agencies to provide legal impacts. Annulment proceedings can be submitted to decision formulation institutions, members or under certain conditions by a person.
The objective of such actions is annulling acts of institutions that are not related to stipulations of treaties, exceeding their rights or fail to adhere to the laid down procedure. If the action turns out to be adequately funded, ECJ pronounces the issue as void. Thus, annulment proceedings are the basis for evaluating compliance of European legislator acts to treaties and legitimacy of Commission judgments and resolving inter-institutional conflicts influencing power decentralizingon every institution from treaties. The controlling legitimacy of the institutions’ actions connects ECJ to constitutional jurisdiction.[13]
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Reinforcing legal process
The ECJ plays the role of strengthening legal structure by developing various institutional frameworks, amending inter-institutional as well as member states uniformly. The court solely is dedicated on these provisions while widening the catalog to protect the rule of law and supporting the prevailing conditions of the institutional uniformity. ECJ’s fundamental rights jurisprudencepresents a recognized role in the constitutional process.
Also, though the treaties did not contain anything on legal structure, the court progressively fleshed out a bill of rights in various cases including Staunder (1969) and Omega (2004) that is waiting to be integrated into law. Apart from reinforcing constitutional framework, the ECJ mandated to ensure there is a legal basis for the European law as well application duty of loyal cohesion.[14]
The universal values of European law have for several years been replacing due to EU lack of fundamental rights process. Without a doubt, the general values are important in guaranteeing that constitutional courts at national level recognize the influence of European law. The duty of loyal co-operation is vital in the creation of legal rules. However, its significance is fundamental in the legal process like EU, where laws are used in similar institutions.
Similarly, ICJ is in charge of strengthening the constitutional process by enforcing international laws and nullifies unlawful international actions.[15] Also, ICJ is regarded as a constitutional organ since it has the capability to make laws of constitutional significance.
Basically, in reinforcing legal process, the ICJ promotes the culture of constitutional compliance when the acts of a nation are regarded as ipso facto invalid. To effective foster legal agreement, the ICJ depends on the public views to pressure political leaders to respect rulings.
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Promote integration and global community
While ECJ promotes integration, ICJ fosters global community. According to Article 7 European Court has empowered ECJ to perform duties entrustedto Community, demonstrating that without a doubt it has a remitto not only protect but also promote the rule of law. The European legal principles foster this step proving that ECJ is lawfully in charge of developing pro-integration process and required to provide rulings to reinforce and enhance the Community or Union legal structure. In the global community, the ICJ hears cases regarding maritime boundary, trade law, human rights, international criminal law and different tribunals formed to listen to a given case.
Interface and judicial dialogue
ICJ and ECJ are in charge of ensuring there is an interface in the trends of legal discussion. For instance, the ever-growing jurisprudence demonstrates that ECJ uses ICJ case-law as a tool for interpreting international practices relevant to its duties[16].
In the recent past, ECJ used the North Sea Continental Shelf ruling to show that member states have independent rights regarding the nearby continental shelf, hence acts done on the continental shelf be considered as attempts of applying the European Union law. In the continental shelf, the ICJ made a ruling that coastal nations have the rights to extend their territory under the sea to exploit water resources.
In a bid to promote judicial discussion, both ICJ and ECJ are involved treaty of law. It is significant to note that treaty of law is important to EU because it is not a party to the law of treaties of Vienna Conventions[17]. Moreover, in the 2015 Evans Case, both courts used case law as the basis for guaranteeing that the rule depicts customary law.
By and large, in ensuring an interface in the judicial dialogue, ECJ, and ICJ when making a ruling involving public international law, in particular, ECJ instead of using on its interpretation of international law, it refers to ICJ decisions. Therefore, ECJ has comprehensively used ICJ as a platform for interpreting international law necessary in performing its roles.[18]
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Conclusion
In this paper, it became clear that the ECJ plays a critical role in resolving disputes between member states. The ECJ is also mandated with interpreting the European law and ensuring it is followed to the latter. On the other hand, the ICJ ensures the order is observed among the UN member states. Still the court has jurisdiction within the EU members. The ICJ offers checks on the exercise of transnational authority in their administrative and constitutional review functions.
The managerial analysis is a safeguard mechanism against prejudice or political interference in the application of the law. The ECJ, for instance, is dubbed as the court of justice in the EU. In the event of a conflict of interest, the ECJ institutes annulment proceedings. Indeed, both the ICJ and ECJ play a critical function[19].
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References
Klabbers, J. The validity of EU norms conflicting with international obligations. International law as law of the European Union. Martinus Nijhoff Publishers, Leiden and Boston, 2012.
Eckes, C. The Court of Justice’s Participation in the Judicial Discourse: Theory and Practice. The European Court of Justice and External Relations-Constitutional Challenges Hart Publishing, Oxford, 2014.
Rachovitsa, A, ‘Fragmentation or unity of public international law’revisited: analyzing the European Convention on Human Rights when the European Court takes cognizance of public international law norms (Doctoral dissertation, University of Nottingham), 2013.
Dolzer, R. and Schreuer, C. Principles of international investment law. Oxford University Press, 2008.
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De Búrca, G. The European court of Justice and the International Legal order after Kadi’(2010). Harvard International Law Journal, 51, p.1.
Rosas, ‘The European Court of Justice and Public International Law’, in J. Wouters, A. Nollkaemper and E. de Wet (Eds.), The Europeanization of International Law – The Status of International Law in the EU and its Member States, The Hague: T.M.C. Asser Press, 2008, pp. 71 2011.
Mendez, M. ‘The Legal Effect of Community Agreements: Maximalist Treaty Enforcement and Judicial Avoidance Techniques’, European Journal of International Law, 2010, pp. 83-104
Bickerton, C. European Union Foreign Policy: From Effectiveness to Functionality, Palgrave, 2011 (forthcoming), Chapter 4.
Martin Shapiro, „The European Court of Justice‟, in Paul Craig & Gráinne de Búrca (eds.), The Evolution of EU Law, Oxford: OUP, pp. 321-347, at 332.
Neville Brown L, Tom Kennedy, Brown & Jacobs. The Court of Justice of the European Communities, London: Sweet & Maxwell 2000, p. 344
David Anderson & Marie Demetriou, References to the European Court (Second Edition), London: Sweet & Maxwell 2002, pp. 177-180.
Damian Chalmers, Christos Hadjiemannuil, Giorgio Monti, Adam Tomkins, EU Law: Text and Materials, Cambridge: Cambridge University Press 2006, p. 301.
Kokott & Cheryl Saunders (eds.), The Future of the European Judicial System in a Comparative Perspective, Baden-Baden: Nomos 2006, pp. 83-90.
Buergenthal, T “Proliferation of International Courts and Tribunals: Is It Good or Bad?” Leiden Journal of International Law (2001), 14: 267-275.
Hafner, G. “Pros and Cons Ensuing from Fragmentation of International Law”, Michigan Journal of International Law Vol. 25(2004), pp. 849- 863.
Martinez, S “Towards an International Judicial System”, Stan.L Rev. Vol. 56(2) (2003), pp. 429-529.
Stephens, T. “Multiple International Courts and the ‘Fragmentation’ of International Environmental law”, Sydney Law School Legal Studies Research Paper No.07/14 (2007), pp. 227-271, at 23
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[1] C Eckes, The Court of Justice’s Participation in the Judicial Discourse: Theory and Practice. The European Court of Justice and External Relations-Constitutional Challenges Hart Publishing, Oxford, 2014.
[2] S. Cheryl (eds). The Future of the European Judicial System in a Comparative Perspective,
Baden-Baden: Nomos 2006, pp. 83-90.
[3] S Martinez, “Towards an International Judicial System”, Stan.L Rev. Vol. 56(2) (2003), pp. 429-529.
[4] T Stephens, “Multiple International Courts and the ‘Fragmentation’ of International Environmental law”, Sydney Law School Legal Studies Research Paper No.07/14 (2007), pp. 227-271.
[5] A. Rosas, ‘The European Court of Justice and Public International Law’, in J. Wouters, A. Nollkaemper and E. de Wet (Eds.), The Europeanisation of International Law – The Status of International Law in the EU and its Member States, The Hague: T.M.C. Asser Press, 2008, pp. 71 2011.
[6] J Klabbers, The validity of EU norms conflicting with international obligations. International law as law of the European Union. Martinus Nijhoff Publishers, Leiden and Boston, 2012, pp.111-132.
[7] G. Hafner, “Pros and Cons Ensuing from Fragmentation of International Law”, Michigan Journal of International Law Vol. 25(2004), pp. 849- 863.
[8] T. Buergenthal “Proliferation of International Courts and Tribunals: Is It Good or Bad?”, Leiden Journal of International Law (2001), 14: 267-275.
[9]F.G Jacobs, Judicial dialogue and the cross-fertilization of legal systems: The European Court of Justice. Tex. Int’l LJ, 38, 2003, p.547.
[10] L. Neville Brown, Tom Kennedy, Brown & Jacobs. The Court of Justice of the European Communities, London: Sweet & Maxwell 2000, p. 344
[11]A Rachovitsa, Fragmentation or unity of public international law’revisited: analysing the European Convention on Human Rights when the European Court takes cognisance of public international law norms (Doctoral dissertation, University of Nottingham), 2013.
[12]G De Burca, The European court of Justice and the International Legal order after Kadi’. Harvard International Law Journal, 2010.
[13] M. Mendez, ‘The Legal Effect of Community Agreements: Maximalist Treaty Enforcement and Judicial Avoidance Techniques’, European Journal of International Law, 2010, pp. 83-104
[14] S. Martin, The European Court of Justice‟, in Paul Craig & Gráinne de Búrca (eds.), The Evolution of EU Law, Oxford: OUP, pp. 321-347.
[15]R, Dolzer and C, Schreuer. Principles of international investment law. Oxford University Press, 2008
[16] P. Schiff Berman, ‘A Pluralist Approach to International Law’, The Yale Journal of International Law2007, pp. 301-329.
[17] S Fathan, Vienna Convention on the Law of Treaties Between States and International Organizations or Between International Organizations. Indonesian Journal of International Law, 3 (1), 2005.
[18] D. Chalmers, C. Hadjiemannuil, G. Monti, and A. Tomkins, EU Law: Text and Materials, Cambridge: Cambridge University Press 2006, p. 301
[19] C. Bickerton, European Union Foreign Policy: From Effectiveness to Functionality, Palgrave,2011 (forthcoming), Chapter 4.
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Computer Hardware
What has been the impact of faster and cheaper computers for personal and company use?
Faster and cheaper computers have altered not just how people communicate but also how companies conduct business globally. The technological revolution has been advancing at a rate beyond the scale of human comprehension. In our modern age, cheap and faster computers and computer hardware have made it possible for companies to setup online stores where customer with computers or smart phones can buy goods and services (Laudon & Laudon, 2012).
These computers must be connected to the internet to enable this level of interaction. Companies like eBay, Yahoo, Apple and Amazon among others are the perfect example of what super-fast technology can do. With online shops, people can now buy anything online, from houses, to cars to music, through to services. Institutions of higher learning for instance, can now conduct their lessons online. While technology has also been destructive: destroying traditional businesses and obliterating jobs on the labor market, it has also made it easy for people to work from anywhere provided they have the required infrastructure.
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Computer Hardware
Computers have also made a security possible for companies and peoples. With CCTV cameras installed in companies and homes, it has become easier to deter robbery and identity theft among other things. The mobile phone has been touted as the critical most transformational technology in terms global economic development (Laudon & Laudon, 2012). Poor farmers for instance, can verify not just the price for their perishable crops before harvest but also identify potential buyers.
This enhances profit margin because they have access to the best information. The mobile phone and the internet have altered the banking industry. With mobile and online banking, money can flow to people in remote places an aspect that fuels economic growth. With the mobile phone, people can now make informed decision about medical services beforehand (Laudon & Laudon, 2012). Modern technology has made it possible for hi-tech companies to maximize profits times when brick and mortar companies remain closed. A case in point is iTunes which often sells millions of songs during Christmas day, a moment when brick and mortar stores are closed for the holiday.
What technological advances and benefits are driving the expansion in the use of personal computers?
There are a number of technological advancements and benefits driving the expansion in use of personal computers. Some of these developments include, increased speed of computer processors for the past 15 years, for instance, in 1998 IBM introduced experimental chips, which operate at about 1b cycles/second. Such chips are permitting higher processing ability of personal computers, and significant capacity to make non-personal computers with circuit applications.
Again, increased network speed in the recent development presents a platform of reduced transmission cost, enhanced bandwidth accessibility and greater ability of transmitting high-band width devices like video. The development of digital tools, which leads to the advances of other telecommunication technologies (Gallaugher, 2012). Moreover, advancements of wide area networks (WANs) and local area networks (LANs) in addition to routing and bridging abilities (Laudon & Laudon, 2012).
Computer Hardware
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The continuous development of routing abilities and similar protocols are increasing convergence of data and mobility. The convergence of data and mobility is increasing the internet capabilities and uses.
Development of data and internet technology: Recent technologies like ATM and frame relay have the ability to reduce per-unit price while permitting economic access to many users. Furthermore, internet devices like video streaming, e-commerce ability, sophisticated browsers are contributing to not only significant but also transforming the importance of the internet. Such varied uses strengthen technological advances by increasing the availability funding new ventures, thus provide increasing demands of users.
The discovery of mobile applications that involves switching as well as transport abilities are enhancing internet connectivity at any place and time. For instance, the mobility of internet tools allow users to communicate in anyplace around the world. Also, in collaboration with Low Earth Orbit (LEO) devices prevent users from developing costly fixed-line networks (Gallaugher, 2012). The introduction of worldwide end-user-services has contributed to considerable interoperability from users, providers and global system integrators.
Computer Hardware
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What are the limitations of faster and cheaper computers?
Traditional integrated circuits (ICs) are processed in high tech companies whose solemn obligation is to produce ICs. What makes those gadgets cheaper is the specialization in fabrication. Pundits allude that the price of one transistor is equivalent to the price of single character in a newspaper. The most powerful and efficient computer systems are those powered by miniature ICs. However, there is no technology and specialty to produce optical PC systems that are compatible to contemporary IC firms.
Current modern IC processors are developed in what is known as the very-large-scale-integration (VLSI) or ultra-large-scale-integration (ULSI) (Simon and Cavette, 1996). A square millimeter of a computer circuit for instance, has millions of transistors in a given square millimeter. On the contrary, optical components can be developed small and compact. The current technology does not support the development of micro-optic integrated circuits for assembling a CPU or motherboard. New developments will be needed in the future.
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Currently, traditional CPUs and computer parts are processes with extreme precision and in huge charges by way of composite processes. A change from the current assembly approach when it comes to the size of the chip platform to another size can generate problems. Tiny optical components have to be developed rather exactly to function appropriately (Simon and Cavette, 1996).
While this precision is not realized, slight deviations may lead to massive issues diverting light beams. Personal Computers in our modern era have been assembled based on the Von Neumann design. The interface, which is an operating system, is programmed to correspond this platform. Optical PC systems use a completely different architecture concerning the parallelism of the system. These two different architectures have application programs that are incompatible.
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The Social Dilemma Movie Analysis
INSTRUCTIONS:
Watch the Social Dilemma movie and answer the following: Please read carefully as it is worth a lot of marks.
1. The The Social Dilemma movie makes the point that: We were all looking for the moment when technology would overwhelm human strengths and intelligence. When is it going to cross the singularity, replace our jobs, be smarter than humans? But there’s this much earlier moment… when technology exceeds and overwhelms human weaknesses. This point being crossed is at the root of addiction, polarization, radicalization, outrage-ification, vanity-ification, the entire thing.
This is overpowering human nature, and this is checkmate on humanity.Is there another tipping point that people have not foreseen until now, when technology and the greed of large organizations destroy human society as we know it. We can call it the “Point of Social Collapse” when society spins out of control and breaks down. What do you think about this observation – are we moving toward a “Point of Social Collapse?” Defend your answer.(5)
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2. One commentator who reviewed the film said, “We all know the excruciating nightmare that is middle school, when all of a sudden you no longer take for granted what your parents tell you and decide that what you really need is to be considered cool or at least not a total loser by your friends at school. Now multiply that by the big, unregulated world of the internet. This is why there is a precipitous spike in anxiety, depression, self-harm, and suicide attempts by the girls of Gen Z, current middle and high schoolers, as much as triple in some categories.”Do you agree with this comment? State reasons in support of your opinion. (5)
3. One of the people in the film refers to the fact that social media uses your own psychology against you. What does she mean by that? (3)
4. Explain the meaning of the phrase, “If the service is free, then you are the product.”(2)
5. How are the feeds of Facebook, Instagram, YouTube, and Instagram tailored to the user?(3)
6. Some people say that the singularity has already arrived that we are already living in a time controlled by computers. Do you agree or disagree? Justify your conclusions.(5)
7. This film complains about manipulation by the social media giants. However, it too manipulates its audience. Cite some instances. (3)
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8. Follow up question: Even though some scenes are fictional, do they ring true? Do they appear to be true to life and therefore meaningful? (2)
9. Do you think that you could go for a week without your cell phone? (1)
10. How important is your right to privacy?(2)
11. Give some examples of social interactions and their level of importance to you? (3) 12. Is social media a drug? Justify you’re answer.
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Corporate Personality
The concepts of separate corporate personality have provided the ground for companies to survive even in the absence of its original owners, provided they adhere to the companies act. Despite this, the company is limited in that it cannot enter a contract ultra vires. The global economy and businesses are built on the separate corporate personality. However, it has been established that corporate personality has been the vital cause of several frauds and a legal shield in the courts of law (Mohanty & Bhandari, 2011).
To achieve a compensation for a fraud, the fraudster needs to be identified together with the company that the perceived fraudster controls. Usually such a process is referred to as piercing the corporate veil. Currently, the Supreme Court has reviewed the ruling in relation to corporate personality. Of particular interest is the case in Prest v Petrodel, where the supreme courts provided a new definition to the law in respect to the corporate personality.
Whereas the courts have limited powers to ignore the limited corporate personality, the courts acknowledge that many other English law doctrines can be used to provide an alternative interpretation and enhance the justice system. This essay illustrates how the ruling in the case of Prest v Petrodel altered the law and its effect on the meaning of corporate personality.
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The background of the case can be traced from a man by the name Prest. He shared the matrimonial home with his wife and the operations of his businesses were limited to owning residential properties. When the marriage failed and they decided to divorced, his wife sued. However, he denied that the wealth in the company was solely his and she should not be sharing with anybody.
In the first ruling, the court applied the clause in the Matrimonial Cause Act to treat the assets of the company as if they belong to the man (Stockin, 2014). Therefore, the companies could not be ordered to transfer the property to the woman since they belonged to the man. Having lost the case at the courts of the appeal, the woman took the issue to the Supreme Court.
The Supreme Court overturned the court of appeal decision that and ordered that the properties be transferred to the women since the first judge had erred in his judgment. The courts could only transfer the assets that are actually owned by the husband.
Unlike the appeal court, the Supreme Court discussed the concept of the corporate veil at length while delivering the justice. The concept of corporate veil in this ruling provides the precedent that may be formally binding to future cases (Daehnert, 2007). Immediately after the landmark ruling, the courts of appeal had already indicated that attempts to widen the scope of the doctrine would be difficult or even impossible.
Despite the supreme courts attempt to pierce the corporate veil, it is associated with some limitations as the application of law is concerned. The first limitation of this attempt to pierce of corporate veil is that it will only be applied of the when there is no other legal method of achieving justice. This means that this precedence may not apply if there exist other mechanisms of achieving equivalent results.
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In this regard, it is only necessary to pierce the corporate veil if it is appropriately to do so. One of the supreme courts judges asserted that it is only necessary to pierce the corporate veil when all other legal remedies cannot be applied to provide justice in the courts (Hargovan, 2007). The other limitation to the courts power to pierce corporate veil is possible when the claimant fails to establish an alternative way to identify the company with its controller.
It was evident before the supreme courts that the accused had already established his company several years before he divorced his wife. In this regard, the evasion principle was not applicable in his case and this limited the ability of the judges to pierce the corporate veil. On the other hand, the existence of the resulting trusts also limited the ability of the judges to pierce the corporate veil.
Corporate personality is a legal concept where an organization acquires separate legal personality that is an organization is a separate legal person from its members (Hargovan, 2007). Therefore, an organization is able to have legal obligations and rights. Consequently, an organization can sue and be sued, own property, continue its existence despite change in membership, shareholders can entrust management to directors, right to sell, purchase and mortgage its property in its own name, and enter into contracts. In international law, legal personality is a prior condition for an organization to use its own name in signing of international treaties (Ross 2008).
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This concept of corporate personality has consequences to both the company and its members(French, Mayson, & Ryan, 2015). These consequences are a member’s liability is limited to the share amount they fully paid or the fixed amount a guarantee pays. As a result, a company cannot claim additional contribution from the members. The members are also not liable to cover debts that the company incurred as a separate legal person (Gray, 1997).
A company is at liberty to sue third parties, and even its shareholders. Members are not capable of suing on behalf of the company since it is a separate person with its own legal rights. A company’s property is its own, hence neither creditors nor members have any legal or interest in its possessions. Another consequence in this concept is that a company has liabilities and rights occasionally claiming human rights. The artificial personality does not go as far as giving it human rights, for example, it cannot claim compensation for hurt feelings (McAdms 2014).
Piercing the corporate veil has been a tight rope for the courts as they have to deviate from existing liabilities to do so. However, the cases such as the one Trutor AB v Smallbone provided the need for the courts to pierce the corporate veil. The Canadian courts have the power to pierce the corporate veil in their pursuit for justice. Such a concept is complete contrast to other legal concepts in the common law world.
However, it is emerging that Canada has moved from the British legal system and is slowly influencing the American legal system on corporate matters (Hargovan & Harris, 2007). The North American country has added a conceptual fog of veil piercing jurisprudence through their indiscriminate use of the agency concept. According to Daehnert (2007), the English and the German legal systems are largely based on the limited liability and the separate legal entity philosophies.
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Piercing the corporate veil is a situation in which a court does not abide to the limited liability law and holds a company’s directors or shareholders legally responsible for the company’s statement, debts, or actions. This situation arises when there has been a serious misconduct such as engaging in fraud, undercapitalization at time of incorporation, and other criminal activities (McAdms 2014).
For a long time, the case in Salmon still holds true due to its widely accepted concept of limited liability. Therefore, most English and the American courts have adopted the approach that permits companies to order the affairs by the use of subsidiaries as they claim for limited liability. However, such a concept prejudiced the creditors on the basis that they should not know the state of affairs before transacting with the company (Ruane, 2005).
Throughout the evolution of legal practice, the yardstick of prevention of injustice continue to hold much power in the courts as the judges continue to lean in favor of the decision that favors justice(Mohanty & Bhandari, 2011).
The case in Salomon provided the benchmarks that have been used for years to deal with the issue of corporate personality and liability of directors. The courts established that a member is a legal entity that is separate who is not liable for the debts of the company and his personal assets cannot be used to offset the company debts (Walters, 1998).
The case in Bottrill was one of the numerous attack on the virtues held in Salomon. This ruling in this was fair but left the sole director of the company vulnerable to legal consequences. Whenever other directors of the company are absent, the sole director is left exposed to claims to the claims that his company is operating in a sham contract of employment (Howell, 2000). Therefore, the principle in Salomon can be denied on the policy grounds.
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The rationale for lifting the veil has been observed by law experts for some time. According to Krishnaprasad (2011), lifting corporate veil is a rare and unprincipled legal concept that is often left to jurists. From the policy perspective, the concept of trading with the enemy might form the rationale of lifting the veil. However, the corporate veil is usually lifted to stop people from abusing the legal privileges of the corporate form such as the case of fraud.
However, it is hard to determine whether established company can abuse the concept of corporate form through breaking out hostilities. Theretofore, corporate personality is a privilege that is superimposed on the agreement between the company shareholders that is cloaked in corporate veil and can only be lifted in the case of abuse (Ruane, 2005).
Traditionally, the courts were very reluctant to pierce the corporate veil, unless there exist a compelling issue to do so. However, the courts are increasingly to disregard the autonomous personality of the companies to facilitate the course of justice. In order to uphold the public interest, the courts have strongly relied on the strict rule in Salmon v Salmon to preserve the veil (Nakajima, 1996). The courts have observed the principle of separate personality by noting that the body corporate lacks the basic characteristics of human beings.
There are several corporate structures around the world with different legal consequence. However, most justifications for limited liability no longer apply when the creditor requesting to lift the veil is an involuntary creditor or when there exists a controlling shareholder.
According to Krishnaprasad (2011), the burden of the cases entailing an involuntary creditor and controlling shareholder should be put on the shareholder having potential control of the company to show that he exercises actual control. Such a system is likely to create incentives on the shareholders to invest in socially productive monitoring that activates the social sensitivity of corporations.
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The law in Salomon provided the basis cornerstone of the corporate personality. However, it is evident that the law has been evolving over the years as the court seeks justice. The extent by which the courts will pierce the corporate veil depends whether they are applying the common law of the statutes. For the courts applying the common law, they would only pierce the veil on exceptional circumstances.
On the other hand, there are statutory provisions where the veil can be pierced. From the case laws, it is evident that the courts have the power to pierce the veil or even lift the veil. The recent decision by the Supreme Court in Prest to revisit the issue of corporate veil brought a new concept with consequences in legal practice. In this case, the courts addressed the controversial issue of corporate personality by concealment and evasion principles.
The Supreme Court decision brought the concept that the remedy can be sought from a different position and provides alternative legal base on which equivalent remedy can be provided. In this regard, the courts will have alternative legal routes to make decisions in the vast majority of the corruption and fraud cases. The implication is that the courts should be left free to pierce or lift the veil upon observing certain criteria that falls within the evasion principle and if it is necessary to do so.
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Sneha Mohanty & Vrinda Bhandari, (2011) “The evolution of the separate legal personality doctrine and its exceptions: a comparative analysis”, Comp. Law. 2011, 32(7), 194-205
Krishnaprasad, K.V (2011) “Agency, limited liability and the corporate veil”, Comp. Law. 2011, 32(6), 163-165
Adrian Walters, (1998) “Corporate veil”, (Company Lawyer), Comp. Law.,19(8), 226-227.
Gray, (1997), “SIB attempts to pierce the corporate veil”,(Company Lawyer),Vol 18 No 7,page 217).
Anil Hargovan, (2007) “Piercing the corporate veil in Canada: a comparative analysis”, (Company Lawyer), Comp. Law, 28(2), 58-62.
Alexander Daehnert, (2007), “Lifting the corporate veil: English and German perspectives on group liability”, (International Company and Commercial Law Review), I.C.C.L.R. 2007, 18(11), 393-403.
Laura Stockin (2014), “Piercing the corporate veil: reconciling R. v Sale, Prest v Petrodel Resources Ltd and VTB Capital Plc v Nutritek International Corp” Comp. Law. 2014, 35(12), 363-366
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