Examine critically the rights of minority in a company when the notice Essay

Examine critically the rights of minority in a company when the notice to acquire their shares has been served - Essay Example Current paper focuses on the examination of the rights of minority shareholders especially in the case that the notice to acquire their shares has been served. The relevant provisions of the Company Act 2006 have been studied, along with the literature published in the particular issue. It is proved that the law gives to the minority shareholders the right to promote the protection of their interests. However, when the notice to acquire their shares has been served to the minority shareholders, then their potentials for protecting their rights are reduced. Still, there are certain legal tools that can help the minority shareholders to secure their share in a particular organization. The effectiveness of these tools is further depended on a series of factors; the perceptions of minority shareholders on their organization and their skills to manage such projects highly affect the success of the efforts of the minority shareholders to secure their position as valuable members of the org anization. Rights of minority in companies – overview The role and the rights of minority in modern corporations have been highly studied in the literature. The reference to the rights of minority shareholders in general is necessary in order to understand the potentials of the particular group of persons to seek for legal tools for protecting their rights after a notice to acquire their shares has been served. According to the most common view, minority shareholders have a major disadvantage compared to the majority shareholders: ‘they are not protected by shareholder decision rights’ (Kraakman 2009, p.195). On the other hand, minority shareholders can choose among different legal means for protecting their rights; reference can be made, for example, to the ‘sharing norms, rules and standards’ (Kraakman 2009, p.195). In this context, minority shareholders are given the chance to prohibit outside investors to enter the organization. Indeed, minority shareholders are allowed to make an offer for buying the shares of their organization before these shares are offered to the public in general (Kraakman 2009, p.195). The above right of minority shareholders is part of the ‘preemptive rights framework’ (Kraakman 2009,195). At this point, the rights of minority shareholders are considered as secured, a fact that results to the improvement of communication within the organization, meaning especially the communication between the majority shareholders and the minority shareholders, who are, by the law, vulnerable towards the majority shareholders who can control organizational decisions. However, the power of the above rule has been strongly criticized. More specifically, it is noted that the potential of minority shareholders ‘to refer to the preemption rule’ (Kraakman 2009, p.195) can be limited if such decision is developed by the shareholders. On the other hand, the common law rules seem to protect the min ority shareholders more effectively compared to the civil law rules (Mallin 2007). Still, it should be noted that the protection of minority shareholders has not always set as a priority in the UK legal system (Mallin 2007). This fact indicates the potential inability of legislators to realize the level of risks that minority shareholders have to face. Sheikh (2008) emphasizes on the weakness of the existing laws

Analyze an online article called Does Gender Matter by Ben.A Barres Essay

Analyze an online article called Does Gender Matter by Ben.A Barres - Essay Example First it acts as the backdrop. He argues that women are not pursuing sciences in academics mainly because of discrimination unlike what Lawrence and the others have based their argument on; that, women fail to advance in sciences due to difference in instinctive inability between men and women. This paper addresses the common expressed forms of discriminations that women go through and the risks that the writer takes in addressing this issue. Risks taken by writers to prove the impacts of female discriminations are far-fetched. Ben Bares refers to the before said hypothesis as, ``Larry summer hypothesis†.   He based his argument on that, a part from the major social factors that might make women to hate sciences and mathematics from a tender age, there is still slight evidence that there exists difference in gender abilities in mathematics which are innate or which are slightly relevant to lack of progression of women in sciences.   He explains that it is a fact that the society assumes that the women are less innately able in comparison to men. He further says this assumption is the foremost reason  why women are slow in progressing in sciences and mathematics. Ben Bares in rejecting the hypothesis by Lawrence Summers, Bares takes a great risk because he has to prove that it is not scientifically proven and there is no data supporting such claims. This he does warning that he dies not intent to battle with men or turn them into villains as  expressed in the quote, â€Å"I have no desire to make men into villain.† Bares take this risk so that he could protect the female gender in the society because in the past years it has faced much discrimination and there is no one who stood to protect their desires. This risk pays off well because it brought a great debate which has been discussed for months turning to years making him famous in protecting women in the society. Even before anybody could think of importance of studying the issue of

DNA as a Key Witness Essay Example for Free

DNA as a Key Witness Essay Criminals, often unknowingly, leave parts of themselves behind. These pieces are not always visible to the untrained eye. Hair, skin, blood, and fingerprints all contain elements that are unique to each person. It is with DNA testing and fingerprinting, that criminals can be identified and crimes can be linked. This system of testing and matching has become the â€Å"most essential and reliable method of catching criminals† in the United States (Lynch 67). Advancing technology is not only solving crimes, but also deterring them. DNA profiling, genetic fingerprinting, and DNA testing are all names for the same process and are used interchangeably. These terms all refer to the technique used by scientists to identify and match the genetic code (or DNA) of people. DNA is highly similar among humans, but there are always pieces of the coding that are distinguishably different and exclusive to each person, aside from identical twins (Lazer 9). Samples of genetic code are logged into easily searchable, computerized files called databases; searching these databases with DNA found at a crime scene will result in a match if the DNA of the criminal was previously entered. To begin genetic fingerprinting, a technician will procure a sample of DNA. This piece of genetic coding will be referred to as a reference sample (Lynch 12). There are many ways to obtain DNA. For criminal coding the most effective and proven method is that of buccal swabbing. This is the act of collecting a sample by rubbing a swab on the cells on the inside of a person’s cheek. Buccal swabs are a relatively non-invasive way to collect DNA samples for testing. Though DNA is relatively easy to acquire, there are issues involved in its application. It can be seen as an invasion of one’s privacy. Recently there has been some speculation about the accuracy of DNA profiling leading to concerns regarding the potential for criminals to have been falsely convicted. Critics of DNA say that the FBI has falsely applied theories behind its calculations, so courtrooms make DNA seem accurate. More than half the states have a mandatory DNA testing of all people convicted of sexual charges and violent offenses, to help in future criminal investigations. Alth ough some people say that this is an invasion of privacy, its a good way to prosecute repeat offenders and find suspects when only DNA evidence is available (Forensic 43). As accurate as DNA  profiling is, there are still many questions about the validity of DNA science. Lawyers try to break down DNA test results and make jurors question the accuracy of the evidence. DNA profiling evidence has been known to be a reliable source. So reliable that often, courts view DNA evidence as somewhat as a verdict rather than a piece of evidence. Many believe there is ample opportunity for DNA profiling technology to be taken advantage of to frame one for crime he did not commit. Dr. Tony Raymond, in charge of the forensic services for the NSW Police said People have said its easy for police to plant DNA evidence. Ive always thought its easy for a criminal to plant DNA evidence (Lynch 34). Regardless of who is planting evidence, it is possible for it to be planted. Another issue is the accuracy of DNA profiling. It was once thought that DNA profiling was 99% accurate however the accuracy depends on the machine and person analysing it. In the United States a few c harges were dismissed after judges ruled that laboratories had not conducted the tests properly. There had been some speculation over DNA evidence from the murder of Jaidyn Leski (Cole 87). The police believe that it had been contaminated not at the scene, but back at the lab. When there is doubt, DNA evidence is not always upheld. This was evident in the O.J. Simpson trial. Simpson was accused of the murders of his wife Nicole Simpson and Ron Goldman, a friend of Nicole (Cole 17). Simpsons lawyers put doubt in the jurors minds through racism, bad evidence handling, and a possibility of Simpson being framed. Even though DNA testing proved that Simpson was guilty, he was acquitted of all charges. This shows that DNA evidence in everyones eyes is not valid without substantial evidence. Forensic DNA analysis is rapidly evolving. Research and development of tools that will permit crime laboratories to conduct DNA analysis quickly is vital to the goal of improving the timely analysis of DNA samples. Smaller, faster, and less costly analysis tools will reduce capital investments for c rime laboratories while increasing their capacity to process more cases. In order to increase productivity, the forensic science community has a critical need for trained forensic scientists in public crime laboratories (Forensic 13). The initiative will assist the development of comprehensive training programs for a new generation of forensic scientists, enabling new forensic scientists to receive in-depth training to prepare them for analyzing actual casework in a crime  laboratory. With the increasing mobility of national populations and concerns to curtail international crime and terrorism, the law enforcement community will desire to make databanks more readily accessible. By analogy, Canada and the United States recently developed an agreement to link their Integrated Ballistics Information System (IBIS) databases (Forensic 32). This can be done more easily than with DNA databanks, which are affected by the laws and principles of each jurisdiction surrounding the use of personal information associated with an intimate sample, such as a person’s DNA. Since the introduction of DNA evidence, it has played a key role in the investigation of crime; police now rely on DNA analysis to provide intelligence that was previously unavailable. The value of this technology has resulted in an increased expectations of impartial evidence. DNA been used in judicial reviews and its convincing ability has been used in support of both repeals and convictions (Lazer 12). Through partnerships between police and scientists, DNA analysis will continue to be regarded as the standard of excellence for the development of impartial, unbiased scientific evidence in the support of the justice system. It is the belief that DNA evidence is nearly impossible not to leave behind that scares many potential criminals. Deterring potential criminals lowers crime. DNA fingerprinting, and more recently the threat of it, not only solves crimes but also prevents them. The process of matching and identifying genes of suspect to those genes found at the scene of a crime may be seen as a violation of privacy, but it has prevented many crimes, and send many people to prison. DNA identification has saved many lives, but more importantly, prevented even the threat of many others.

Importance of education in Pakistan

Importance of education in Pakistan Education is important for Pakistans progress. Despite recent achievements, the country still faces numerous challenges to raise the education of its population to the standard of its South Asian neighbors, and to meet its own social and economic development needs. Pakistan: An overview Pakistan is located in the South and West Asia region neighboring borders India, Iran, Afghanistan and the Arabian Sea. Total population of Pakistan in 2010 is 173 million. About 64% people live in rural areas whereas 36% people live in urban areas. Introduction: This paper is designed to give a report on education in Pakistan. In this paper, the different roles, facts, and policies are reviewed which were designed for providing education in the country. Different education system, development challenges and causes are discussed. The education is now become one of the most defining enterprises of the 21st century with the emergence of globalization and increasing competition. In this fast world, education and technology are the basic keys for survival and progress of Pakistan respectively. Pakistan is determined to respond positively to emerging needs, opportunities and challenges of globalization. Education is one of the golden key that is considered as a big change and progress. Progress and prosperity of the country depends on the kind of education that is provided to the people. WOMEN IN EDUCATION In Pakistan, the rate of womens literacy remains low as compared to mens. Women have a low percentage of participation in society. The status of women in Pakistan especially in rural areas is low which is due to social and cultural obstacles. One of the strangest aspects in Pakistan is that some place especially in northern tribal areas the family is against of educating girls. The situation in NWFP and Baluchistan is most critical. The rate of women literacy is 3-8%. Many organizations have opened such schools in these areas that provide education. Unfortunately, the government has not taken any steps or measurements to promote literacy to girls education in these areas. â€Å"In 1981 only 7% of women in rural areas were literate, compared with 35% in urban areas. Among men, these rates were 27 and 57 percent, respectively†. This backwardness of the women is due to the non-equal treatment with them.In developed countries male female are considered equally. This unequal treatment with women takes the country to backward. In Pakistan a system of education with equal opportunities of education to male and female must be provided. BACKGROUNG OF EDUCATION POLICY In 2005, the Government of Pakistan has decided to review the National Education Policy to achievable in the field of education to overcome the problem regarding conflicts and achieve a knowledge that permits every person to realize his duty. This policy review will result in a policy which is applicable to all providers of education in Pakistan in which formal and non-formal states are included. In Pakistan context the essential part is ideological bases and historically provided by Islam as an ideology derived from Islamic religion. Islam is the fundamental source of providing values for our daily life. It also provides an ethical conduct which is an essential precondition for social development. /////Policy Planning Pakistani education sector is the most neglected sector. The literacy rate in Pakistan is 49.9% as of 2008. Education Policy has to be nationally developed and owned. It is simplistic and unprofitable to prepare it at the federal level and thrust upon the provinces. In Pakistan till now at least nine documents have issued that have the status of a policy. Each policy was prepared with varying degree and involvement of the federating units. Main development Challenges Following are the main issues and challenges in adult literacy and non-formal education: There is no separate budget allocation for adult literacy from total expenditures on education; the 10% is spent on other, which includes adult literacy, NFBE, teachers training, madrassahs reform, etc. There is a lack of a coordination b/w organizational structure and institutional mechanism for literacy. Due to lack of training of teachers and of formalized curriculum and non-existence of effective research in the field of literacy and continuing education the professional base of adult literacy initiatives remained under developed. ..Local language is being ignored or not even taught to learn basic literacy. ..The link between basic and post literacy is missing in existing literacy programs, which resulted in bad situation on the part of learners and teachers. The basic literacy need to be properly equipped with skill based post literacy programs, that support learners/teachers to go beyond reading, writing and numerous generating skills and sustainable improvement in their lives. In the past years due to political instability and insecurity in the country creates a big challenge for all nation. Public private partnership is also a not properly linked in literacy programs; it needs to be streamlined through proper facilitation and coordination. Private sector in Education Pakistan has highlighted some facts recently in new publications regarding primary level education sector. In Pakistan children rate going to private schools has rapidly growths to about 1/3rd of total Private schools are largely present in both urban and in rural areas. These publications have also argued that In private schools the Quality of education is better than public (gauged through testing) even when one controls for income and such factors, and Cost of provision of this education, per child, is lower than in the public sector. In education private investment is encouraging. At national and provincial levels there shall be regulatory bodies to regulate activities and smooth functioning of privately-managed schools and institutions of higher education through proper rules and regulations. For setting-up of educational facilities by the private sector a reasonable tax rebate shall be granted on the expenditure. Through Education Foundations matching grants shall be provided for establishing educational institutions by the private sector in the rural areas or poor urban areas. In collaboration with the Ministry of Education existing institutions of higher learning shall be allowed to negotiate for financial assistance with donor agencies. Schools which are running on non-profit basis shall be exempted from all taxes. According to the principles laid down in the Federal Supervision of curricula, Textbooks and Maintenance of Standards of Education Act, 1976 the Curricula of private institutions must conform. In consultation with the government the fee structure of the privately managed educational institutions shall be developed. Causes of Downfall: There are numerous causes for the downfall of education in Pakistan which are below. Economical Negligence: Pakistan has remained a weak economy of the world as it got nothing in its just assets that were snatched by India. The conflict between these two countries on Kashmir issue has hardly allowed the government to allocate funds in budget for other sectors while the education is not an exception in this regard. Till now just 2% of GDP is allocated for the betterment of education which is quite inappropriate to meet education demand. All the funds are not given through a proper channel and a fake audit report is generated that the funds utilization has been spent on education purposes. Rapid growth in poverty: According to 2002 Economic Survey Report, â€Å"Most of the inhabitants of Pakistan are poor and 40% of them live under poverty line, about 70% of its population dwells in villages. About 300,000, young ones are jobless. They have no access to good education†. This report shows that how much difficulties and troubles have been faced by this poor and suppressed class of the country. The main occupation of people is agriculture which is yearly generated which cannot fulfill their daily and basic needs of life. It is also noted that only 1% landlords hold almost 95% of lands in Pakistan which is totally unfair. This unjust division of land creates a huge economical problem which not only for the poor but also the government. Political Negligence: â€Å"If you want to destroy the future of any nation, no need to wage war with them; defunct their education, they will remain no more live on the map of the world.† still now no politician has paid attention in improving the standard of education so far, as far as the question of history of development of education in Pakistan is concerned. In case of Sindh, in early 1970s, lingual riots took place and a new cancer of copy culture was introduced and boosted up by politicians to prevail among the people. No official steps were taken in curbing this fatal disease. Now, the result is that throughout the country Sindhi students are understood the out come of copy culture and basic rights in every walk of life are denied to them, because however, they may be genius and creators but the fact remained that they lack in management and unable move the economy of the country just because they bear a title of COPY CULTURE. It was a political conspiracy based on totally bias. Being a Sindhi, I do not favour Sindhis that they are not given a proper share in different walks of life, whatever is happening to them is the only out come of wrong and misled polic ies which have been blindly followed up by them. Patriotism is the very hinge for all virtues, living in the same country everyone at first is Pakistani then Sindhi, Punjabee, Balochee and or Pathan, respectively. So, now it is our turn to turn a new leaf and pace with our other provincial brothers to improve the management of our beloved country Pakistan, believing in â€Å"united we stand, divided we fall†. Education has become a question of survival for us; less developed man cannot bring the change in improving the skills that are vital for the uplift of the education. 2011 is Pakistans Year of Education. Its time to think again about Pakistans most pressing long-term challenge. The economic cost of not educating Pakistan is the equivalent of one flood every year. The only difference is that this is a self-inflicted disaster. The announcement made by the prime minister that 2011 will be the ‘Pakistan Year of Education high lightens the future goals. The Pakistan Education Task Force has argued ever that Pakistan needs to give the highest possible to priority to education for good reasons. Due to unavailability of education there is a no single chance that the government will reach the development goals by 2015 on education. While on the other hand, India, Bangladesh and Sri Lanka are all on their way to achieving the same goals. As compared with India it improving education rate is ten times that of Pakistan, whereas Bangladeshs is twice that of Pakistan. Pakistanis have a constitutional right to universal education. In the 18th Amendment it has discussed that education has become now a right and no longer a privilege as it was in past times. Article 25A give a scenario where a citizen can take the government to court for not providing them access, or even be the grounds for a suo moto action. At current rates of progress, no person alive today will see a Pakistan with universal education as defined in our constitution. Balochistan would see it in 2100 or later. Just one year of education for women in Pakistan can help reduce fertility by 10 per cent, controlling the other resource emergency this country faces. There are 26 countries poorer than Pakistan but send more of their children to school, demonstrating the issue is not about finances, but will and articulating demand effectively. It is too easy, and incorrect, to believe that Pakistan is too poor to provide this basic right. Pakistan spent 2.5 per cent of its budget on schooling in 2005/2006. It now spends just 1.5 per cent in the areas that need it most. That is less than the subsidies given to PIA, PEPCO and Pakistan Steel. Provinces are allocated funds for education but fail to spend the money. We presume the public school system is doing poorly because teachers are poorly paid, this is untrue. Public school teachers get paid 2/3rds more than their equivalent private low cost school counterparts; they earn four times that of the average parent of a child in their school. Despite this, on any given day 10-15 per cent of teachers will be absent from their duties teaching. There is demand for education that is partly being addressed by low cost private schools, even one third of all rural children go to these schools (public schools can cost Rs.150 per month, low cost private schools the same or up to Rs.250). Despite the large presumption of the media, both domestic and international, this gap is not actually being addressed by Madrassahs. Only six per cent of students go to Madrassahs. CONCLUSION Education is Important in an ideological state, without which nobody can progress towards development both in personal terms as well as a nation state. Education provides the base for both social and economic development. The poor quality of educational system may be one of the most important reasons of downfall. In Pakistan, the quality of education is on the decline because the government not uplifting the quality and quantity of education. Without teachers transformation a nation cannot transform the education system for improving the quality of education. In this regard, a series of education reforms in the area of teacher education were introduced in the public sector but their vision seemed to be narrow, hence, they failed to make any substantial impact on the quality of teachers and teaching process. Eventually, it further affected the quality of education being offered in schools. Education system of Pakistan is facing new challenges. It has yet to be developed at par with other developing countries in the region.

Four freedoms :: essays research papers

1 Four freedoms – January 6, 1941 freedom of speech, freedom of religion, freedom from want, and freedom from fear of armed aggression. 1. The first is freedom of speech and expression -- everywhere in the world. 2. The second is freedom of every person to worship God in his own way -- everywhere in the world. 3. The third is freedom from want -- which, translated into world terms, means economic understandings which will secure to every nation a healthy peacetime life for its inhabitants -- everywhere in the world. 4. The fourth is freedom from fear -- which, translated into world terms, means a world-wide reduction of armaments to such a point and in such a thorough fashion that no nation will be in a position to commit an act of physical aggression against any neighbor-- anywhere in the world. his Four Freedoms speech did promise America's "full support" for the Allied cause. On August 14, 1941, President Roosevelt and British prime minister Winston Churchill confirmed the Four Freedoms as joint war aims in the Atlantic Charter. Atlantic Charter (declaration of U.S. into the war and to fight Germany first, and Japan second) 1. At the Casablanca Conference, Franklin Roosevelt and Winston Churchill met and agreed on the term of â€Å"unconditional surrender.† At the Tehran Conference, the Big Three (Wilson, Churchill, and Josef Stalin, leader of Russia) met and agreed that the Soviets and Allies would launch simultaneous attacks At the Potsdam Conference, the Allies issued an ultimatum: surrender or be destroyed II. Yalta: Bargain or Betrayal? 1. A final conference of the Big Three had taken place at Yalta in February 1945, where Soviet leader Joseph Stalin pledged that Poland should have a representative government with free elections, as would Bulgaria and Romania, but he broke those promises. 2. At Yalta, the Soviet Union had agreed to attack Japan three months after the fall of Germany, but by the time the Soviets entered the Pacific war, the U.

Napoleons Failure to Dominate Europe Essay -- history

Napoleon's Failure to Dominate Europe A ruler's reputation comes from the change that he inflicts upon his subjects, territory, and surrounding lands. Napoleon Bonaparte rose into power during the French Revolution, causing drastic changes not only to France, but to the rest of Europe as well. His domestic and foreign policies were not always successful, but his ability to rule was undeniable. From his rising in power and reform of France, up until his military defeat in Russia, Napoleon succeeded in gaining a considerate amount of power and control. In France, Napoleon used his power to make many reforms in all aspects of life. He incorporated a national bank, public schools, and constructed new roads. With these changes, he also enforced the Concordat of 1801 and the Napoleonic Codes of Law. While the Concordat focused mainly on Church affairs, the Code Napoleon covered a broad spectrum of new ideas and reforms. Code Napoleon made France "more peaceful at home than it had been for many years," (Modern Times 58) and it was one of his "most lasting domestic achievements." (World History 641) It was made to have one code of laws for all of France, instead of many separate legal systems. The Civil Code recognized each individual's equality and privileges. Some other changes included the supporting of religious toleration, right of divorce, and civil marriage. Private property, inheritance, and business laws were affected as well. Promotion for civil and military offi...

Career Journals

REPRODUCTIVE ENDOCRINOLOGISTA reproductive endocrinologist specializes in examining and treating disorders related with reproductive organs. They also recommend treatments and carry them out; making sure that the process goes through well. This professional will help Ms. King by assessing her body and any problems that could be associated to getting pregnant. Ms. and Mr. King will be assessed to find any problems related to their reproductive organs, as well as recommend treatments if there are any problems found and follow the progress of the treatment.ANDROLOGISTAn andrologist specializes in men’s health including illnesses and dysfunctions such as erectile dysfunction, infertility, and general trauma. They also interview and diagnose patients for their condition. They administer treatments to the patient as well as conduct tests and examine reports from the patient.This professional will examine Mr. Kind specifically to find any problems relating to reproductive dysfunction s or illnesses that affect men. The andrologist will follow up with Mr. King after conducting tests if there are any treatments needed to help the couple have a child.EMBRYOLOGISTAn embryologist performs laboratory procedures to create animal or human embryos. They retrieve eggs from the mother and sperm from the father to perform in vitro fertilization, as well as prepare the embryos for insertion into the patient. The process of inserting the sperm into the egg (intracytoplasmic sperm injection) is done by the embryologist. They also prepare the embryo for transfer into the patient, making sure the embryo is in good shape, and cryopreserve any other embryos that will not be used during the process. This doctor will give the couple a very advanced choice towards having a prepared pregnancy, informing them on how the process is and what they will have to do to have the gender of their liking.There come very small risks with the Preimplantation Genetic Diagnosis. This procedure is do ne by the embryologist made from the sperm of the father and the eggs  of the mother. Three days after starting the process, the embryos have divided into various embryos, and the embryologist is able to take a cell from each embryo to determine the sex. The embryo with the desired sex would then be implanted in Ms. King. There is a very small risk of damaging the embryo, since it is an extremely early stage and is handled carefully. It is also proven that it does not increase the chance of birth defects. The best part is that it is 99% accurate and is the most recommended alternative when trying to have a planned baby. The only downside would be the price, which is $2,500 – $7,000, and is not covered by medical insurance.