Fathers Rights, Role, and Responsibility to Children in a...

The paper covers many important facts regarding a fathers rights, role and responsibility to children in a divorce. Mothers have been the sole custody default for over 30 years. Typically, if a father never asks for custody, he will never get it. While this is one-sided and not always the ideal scenario, shared custody is still a complex arrangement. Its ultimate success hinges on many factors. As the paper states, raising kids alone is hard work. Sharing the equal responsibility is appealing and many would argue in the best interest of the children. However, a fallacy lies in the assertion that fathers who do not receive sole or shared custody are unable to fulfill their role as a father. The paper supports this contention by making the argument that fathers are often denied access to child-rearing and that it has a negative impact to the emotional well-being and overall development of the child or children. While the role of father is a salient component of child and adolescent development, shared custody is not the only means by which fathers can be present. For mothers who are awarded sole custody by the courts, there is typically still a provision for liberal and frequent access, visitation and involvement for fathers. The main exception would be if there father were unfit in some way such as an alcoholic history or abusive tendencies. The point is that a mothers award of sole custody does not mean an immediate and complete exclusion of a father or his activeShow MoreRelatedEssay The Treatment of Women of Ancient Babylon1566 Words   |  7 Pagesand carefully shaped the world inhabited today. One of these characteristics of previous societies that prove to be rather challenging to conceive in current times consists of the lack of rights, privileges, and equity women had. 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Divorce is one of the main reasons for disruption in our communities. Regardless of the reason, divorce always harms the children’s decisions, personalities, and futures. TheRead MoreThe Effects Of Divorce On Children And Children1540 Words   |  7 Pagesterminated today due to divorce rather than death (Rasul, 2006 p. 30). Although an ancient tradition, divorce rates have been skyrocketing, and the current rates are virtually unprecedented in any industrial society. Many factors might lead to a divorce, and they include: conflicting cultural backgrounds, age differences, child presence, and many more (Schoen, 1975 p. 548). In this research paper, I will attempt to examine the effects of divorce on children, and try to examine how children learn to cope withRead More The Fatherhood Movement Essay5325 Words   |  22 PagesUnited States, more than one-third of children dont live with their biological fathers, and about 17 million of those children dont live with any father at all. Of those, roughly 40 percent havent seen their fathers in the last year. The over 500 Fathers Rights organizations are trying in a variety of ways to change these statist ics because they believe that fathers are necessary to the intellectual, psychological and emotional well- being of all children. quot;Family valuesquot; groups encourageRead MoreEssay about Divorce in American Society1338 Words   |  6 PagesDivorce in American Society Whatever happened to the picture that perfect traditional families portrayed? Television has had such an influence over us when we begin wishing we had families like the ones we see on Little House on the Prairie and The Brady Bunch. Families who work together, support one another, and seem to have all of lifes problems figured out. The media is catching up to society and showing more single-family sitcoms with down to earth family relationships such as Blossom

The possible approaches towards differentiated eLearning Free Essays

Differentiated direction ( or differentiated acquisition ) involves supplying pupils with different avenues to geting content ; to processing, building, or doing sense of thoughts ; and to developing learning stuffs so that all pupils within a schoolroom can larn efficaciously, irrespective of differences in ability. Research indicates that many of the emotional or societal troubles gifted pupils experience disappear when their educational climes are adapted to their degree and gait of acquisition. † Differentiation in instruction can besides include how a pupil shows that they have command of a construct. We will write a custom essay sample on The possible approaches towards differentiated eLearning or any similar topic only for you Order Now This could be through a research paper, function drama, podcast, diagram, posting, etc. The key is happening how your pupils learn and displays their acquisition that meets their specific demands. Differentiation normally includes one or more of the undermentioned countries: A. Content – Is â€Å" what † pupils learn – Includes curriculum subjects or constructs – Reflects province or national criterions – Presents indispensable facts and accomplishments – Differentiates by pre-assessing pupil accomplishments and apprehensions, so fiting scholars with appropriate activities – Provides pupils with picks in order to add deepness to larning – Provides pupils with extra resources that match their degrees of understanding B. Procedure – Is â€Å" how † pupils learn – Refers to how pupils make sense or understand the information, thoughts, and accomplishments being studied – Reflects pupil larning manners and penchants – Varies the acquisition procedure depending upon how pupils learn C. Product – Is the terminal consequence of pupil acquisition – Tends to be touchable: studies, trials, booklets, addresss, skits – Reflects pupil understanding – Differentiates by supplying challenge, assortment, and pick What is distinction direction? In this context when distinction is discussed, it is non about merchandise distinction by larning bringing location, as in intercrossed eLearning content compared to to the full online classs and/or cyberschools ( National Leadership Institute, 2005 ) . Nor is it about distinction in clip, as in synchronal and asynchronous acquisition. Rather, in e-diff, one of three types of accommodation is normally involved ( Hall, 2002 ; Reis et al. , 1988 ; Sizer, 2001 ; Tomlinson, 2001 ; Tomlinson A ; Allan, 2000 ; Tomlinson A ; McTighe, 2006 ; Willis A ; Mann, 2000 ) : 1. Differentiation of content – Offer pupils the opportunity to get down at different topographic points in the course of study and/or proceed at different gaits. 2. Differentiation of larning manner attack – Stressing many modes of larning manner or larning penchant, such as ocular and audile scholars. 3. Differentiation of merchandise – Giving different assignments to different pupils, and turn in different work merchandises. III. DIFFERENTIATION IN eLEARNING Technology to do content alteration on the fly is rather simple online. It can be every bit straightforward as hypertext markup language cryptography and back-end databases. The challenge is non in the bringing engineering itself, but in set uping good logic for distinction – if we are traveling to distinguish, how do we make up one’s mind who gets what? Here we organize the most common e-diff schemes, based on what type of decision-making procedure and grounds is used to set up the accommodation picks. Approachs can besides be combined, or blended, in eLearning merchandises. Some of the possible general attacks are: â€Å" Diffuse † attacks to distinction, in which pupils receive the same content but have multiple chances for acquisition and are provided with different attacks for doing sense of thoughts planfully â€Å" diffused † throughout the content. Autonomous attacks, in which pupils receive different content by a mechanism of self-selection built in the content. This introduces distinction through pupil pick. Naive distinction, in which the computing machine is finding the class of distinction, non the user, no specific program or overall scheme is in topographic point in the eLearning content for why distinction is go oning, or what it is intended to intend in the acquisition context. Boolean distinction, in which package uses types of Boolean logic, such as rule-based models or determination trees, to find how to set content for different pupils. Model-based distinction, in which adept sentiment is combined with a assortment of informations mining techniques to bring forth thoughts for how content might be suitably differentiated. Language based distinction, in which the pupils from different cultural backgrounds can be benefitted. This is based on the distinction in the contents of stuffs to be delivered. Differences in the attacks 1.In diffuse distinction, there is no direct purpose to measure or fit the demands of single users, or to custom-make content or feedback, as all pupils receive the same content. But adequate assortment and different beginnings of stimulation are provided to involvement and prosecute diverse audiences. This is a really common attack to differentiated direction in a traditional schoolroom learning puting. The hope is that with adequate assortment provided, everyone ‘s demands can be addressed. 2.The 2nd scheme, self distinction, allows pupils to choose their personal picks as they work their manner through on-line content. This can dwell of merely choosing the order of completion among a fixed bill of fare of larning activities or faculties, or can let much more scope of pick. The courseware design determines where pick points are. Self distinction is besides really common in on-line content. 3.NaA?ve distinction comes about about unwittingly in many eLearning merchandises. It involves altering parts of content in a more random manner, non based on the specific demands of single pupils, but merely revolving content and artworks so that screens have different images, representations and so forth each clip viewed. This might affect a randomizing factor or a shuffle map. Though diffuse and autonomous schemes can be rather consistent with improved larning aims of differentiated direction, it can be harder to do the instance for naA?ve distinction. Additions in motive and battle as acquisition shows change, for case, are difficult to reason for if the same pupil merely sees one of the shows. 4.The following scheme, Boolean distinction, uses assessment grounds to alter the flow of content for different pupils. Boolean here merely describes logic that computing machines use to find if a statement is true of false. Main Boolean operators include â€Å" and, † â€Å" non † and â€Å" or. † Operators get used with a series of regulations to depict what happens with the content as pupils make their responses. There are many differentiations among different rule-based methods, including assorted be aftering agents, bug bases and chaining algorithms. But the thought is that a set of regulations have been devised, frequently by really carefully analyzing many pupils. These rule-based boolean methods make up some of the oldest signifiers of e-diff. The simplest types look like a checklist of larning aims. Students go down the list and finish the aims. If they successfully complete 1 AND 2, they go onto 3, for case. But 1 and NOT 2 and possibly the pupil is redirected to 2A, or given some extra feedback or other larning intercession that go throughing pupils do n’t acquire. Rule based methods can take much more luxuriant signifiers, and have been in really powdered ways to depict the battalion of constructs and misconceptions pupils hold in certain capable affair countries, and what to make about them. 5.The following signifier of e-diff, model-based, is really a big household of attacks that will be grouped together here for the interest of treatment. Some of the attacks are among the newer e-diff signifiers and others have been around for some clip. Most use some signifier of adept sentiment, including from instructors and other capable affair experts, combined with informations mining to bring forth thoughts about how content might be differentiated. Common data excavation techniques include a assortment of arrested development and Gaussian statistical theoretical accounts, Bayesian webs, nervous webs, point response theoretical accounts, and assorted method attacks that combine quantitative and qualitative informations to do interpretative or productive anticipations. 6.The concluding signifier of e-diff is, language-based in which the same contents are provided to the pupils in different possible linguistic communications of apprehension. On the plus side, information excavation attacks can be faster and easier than deducing complex rule-based signifiers. Besides they can let anticipations to be compared to existent pupil larning informations to ticket melody theoretical accounts. However, the inquiry frequently is which theoretical account to utilize, and why. Besides important in the instance of eLearning is whether the theoretical account truly is making an appropriate occupation of stating you something about pupils. III.CONCLUSION Developers are constructing more distinction into eLearning merchandises, admiting that people have multiple waies for acquisition and for doing sense of thoughts. But distinction via engineering is complex. There are legion attacks that have rather different executions and consequences, as can be seen by the general schemes described here. As the field matures and developers explore more ways to distinguish online, it is of import that non-disclosure understandings and other rational belongings issues do n’t close down the conversation about what these merchandises are making, and how they are making it. So, certain, allow ‘s all be different – but allow ‘s happen some common land to speak about these of import attacks to differentiation online. IV.REFERENCES [ I ] Hall, T. ( 2002 ) . Differentiated direction. Retrieved November, 2006, from hypertext transfer protocol: //www.cast.org/publications/ncac/ncac_diffinstruc.html [ II ] Parshall, C. G. , Stewart, R. , Ritter, J. ( 1996, April ) . Inventions: Sound, Graphics, and Alternative Response Modes. Paper presented at the National Council on Measurement in Education, New York. [ III ] Reis, S. M. , Kaplan, S. N. , Tomlinson, C. A. , Westbert, K. L. , Callahan, C. M. , A ; Cooper, C. R. ( 1988 ) . How the encephalon learns, A response: Equal does non intend indistinguishable. Educational Leadership, 56 ( 3 ) . [ IV ] Tomlinson, C. A. ( 2001 ) . How to distinguish direction in mixed-ability schoolrooms ( 2nd ed. ) . Alexandria, VA: ASCD. [ V ] Tomlinson, C. A. , A ; Allan, S. D. ( 2000 ) . Leadership for distinguishing schools and schoolrooms. Alexandria, VA: ASCD. [ VI ] Tomlinson, C. A. , A ; McTighe, J. ( 2006 ) . Integrating Differentiated Instruction +Understanding by Design: Connecting Content and Kids. Alexandria, VA: Association for Supervision and Curriculum Development. [ VII ] Turker, A. , Gorgun, I. , A ; Conlan, O. ( 2006 ) . The Challenge of Content Creation to Facilitate Personalized E-Learning Experiences. International Journal on ELearning, 5 ( 1 ) , 11-17. How to cite The possible approaches towards differentiated eLearning, Essay examples

French & Ryan on Company Law

Question: 1. Bob Beech is a scallop fisherman and involved in commercial scallop fishing in the coastal water of Jervis Bay in New South Wales. The stock of scallops in this water is limited and subject to protective legislation to ensure regeneration. Hence, the Scallop Fishing and Marketing Act provides for a quota system. Under the quota system, a person must apply for a quota which will permit him or her to catch 50 tonnes of scallops in a calendar year. Further, the Scallop Marketing Authority will purchase any scallops up to the quota limit for each person.The Act also provides for a number of offences. It provides that it is an offence to sell scallops caught in New South Wales waters to any person other than the Scallop Marketing Authority and it further provides that it is an offence to catch more than the quota limit. Each offence carries a fine of up to $100,000.Bob has the physical capacity to catch more than 50 tonnes of scallops in a year and wishes to make more money from his bu siness. His daughter Alice tells him that by incorporating a company he could double his catch.Is she correct?2. New Nirvana Ltd is a company controlled by the members of the hard rock band, N/N. A number of wholly owned subsidiaries of New Nirvana Ltd are involved in setting up and running the bands concerts. One of the subsidiary companies, Nuclear Blast Sounds Pty Ltd, is responsible for setting up the sound equipment at N/N concerts in Australia. At a recent N/N concert in Sydney, Nuclear Blast Sounds Pty Ltd negligently set the sound levels toohigh with the result that five audience members suffered permanent hearing loss. Unfortunately for those audience members, Nuclear Blast Sounds Pty Ltd had no negligence insurance and cannot pay the likely damages claims.Advise the injured audience members whether they can make New Nirvana Ltd liable for Nuclear Blast Sounds Pty Ltds negligence. 3. Simon, Michael and Don set up a project management company called Millennium Pty Ltd. Don is a solicitor and the constitution of Millennium Pty Ltd nominates that Don will be the solicitor for any land purchases or sales made by the company. The articles also provide that any disputes which arise between the company and its members should be first referred to an arbitrator before there are any court proceedings.After a number of years, Simon and Michael meet another solicitor who they think is more efficient than Don and they appoint him as solicitor for Millennium Pty Ltd.Don brings legal action against Millennium Pty Ltd over the matter. Advise the company as to their legal position. Answer: 1. In the present case, Bob Beech wants to know if he can escape the application of the provisions of Scallop Fishing and Marketing Act by forming a company. In this regard he needs to be noted that according to the doctrine of separate legal entity, a company is considered as having its own distinct identity that is separate from its members. This principle has been firmly established by the court after the decision given in Salomon v Salomon Co (1897) that applies in Australia also. Therefore in Salomon's case, it was stated by the court that the property of the company cannot be treated as the property of its members and in the same way, the debts of the company are not to be considered as the debts of its members. The influence of this doctrine is that the shareholders of a limited liability company are not held personally liable for the debts and obligations of the corporation. Therefore in case of the insolvency of the company, the loss of the shareholders of the company is re stricted to the amount that has been invested by them in the company (Baxt, 1996). However, there are certain circumstances when the court may choose to lift the corporate veil and look beyond the doctrine of individual legal identity. In this regard, the expression piercing the corporate veil is related to the situation where the court may look behind the distinct legal personality of a corporation (Birds, 2007). Therefore in such a case, the court looks beyond the individual personality of the corporation for imposing a liability, right or duty to a member of the company even when the strict application of the doctrine of separate legal identity will result in vesting the right or the liability only in the company. In this way, according to the doctrine of lifting the corporate veil, the court explores the possibility of looking behind the framework of the company (or behind the distinct legal identity of a company) for the purpose of making the members of the company liable. This takes place as an exception to the general rule according to which, the members of the company cannot be held individually responsible for the debts of the corporation (Bourne, 2008). In the present case also, the Scallop Fishing and Marketing Act provides for a quota system according to which a person has to apply for a quota and then catch 50 tonnes of scallops in a single year. On the other hand, Bob Bleech has the capacity to catch more than 50 tons of scallops and at the same time, he also wants to make more money. Under these circumstances, his daughter Alice tells him that if he can incorporate a company, he will be able to double the quota of scallops. But the court may select to lift the veil and look beyond the corporate structure of the company formed by Bob and hold Bob responsible for the breach of the provisions of Scallop Fishing and Marketing Act. As a result, although a company enjoys a individual legal personality but sometimes, the court may decide to pierce the corporate veil and hold the members of the company personally liable. Therefore, Alice is not correct when she advised Bob that he can double his catch by forming a company. 2. The issue in this case is if New Nirvana Ltd can be held liable for the tort committed by one of its subsidiary companies, Nuclear Blast Sounds Pty Ltd. The reason is that as the negligence of the employees of Nuclear Blast Sounds Pty Ltd, five members of the audience suffered permanent hearing loss. At the same time, Nuclear Blast Sounds Pty Ltd does not have any negligence insurance and similarly, the company is not in a position to pay the damages claims. As a result the question arises if the Indian members of the audience can bring a claim against New Nirvana Ltd for the negligence of Nuclear Blast Sounds Pty Ltd. In view of the doctrine of separate legal identity, generally the parent company is not held liable for the debts or the torts of its subsidiary company. The reason is that according to the law, each company is considered as having distinct legal identity in the eyes of law. Therefore, the debts and obligations of one company cannot be enforced against the members of the company or even against its parent company (Barkehall, 1997). As a result of this doctrine, in case of a group of companies, the liabilities of one company can be enforced against the other companies of the group. But there are certain exceptions to this general rule. As a result in some cases, the court may decide that the liabilities of a subsidiary company can be enforced against the parent company. Consequently, the court may decide to lift the veil and enforce the liabilities of a subsidiary corporation against the parent company on the grounds of exceptional agency or on the ground of facade or sham. As in Smith, Stone Knight v Birmingham Corporation (1939), the court was in favour of lifting the veil and holding the parent company liable. In this case, the court recognised an exception to Salomon's principle. The subsidiary company was considered by the court to be carrying on the business of the parent company. In such a case, the issue arises if the persons controlling the two companies can be considered as the head and brain of the venture with the help of the concept of effective and constant control over the business. Therefore, the court stated that in order to identify the agency relationship between the two companies, it is required that the parent company should have more than mere control over its subsidiary. The result was that the court arrived at the conclusion in Adams v Cape Industries (1990) that although sometimes, the group of companies can be considered as a single economic units but to enforce the liability of the subsidiary company on the parent company, it is required that the subsidiary company should be completely under the control of the parent company. Under these circumstances, it can be inferred that the principal provided by the court in Salomon's case implies in such a situation that the single economic unit will have to be considered as having a single identity in the eyes of law when no artificial separation is present between the various legal entities of the group (French et al., 2008). In this case also, If it can be said that New Nirvana Ltd had complete and total control over the activities of, Nuclear Blast Sounds Pty Ltd, only then the liabilities of Nuclear Blast Sounds Pty Ltd can be enforced against New Nirvana Ltd and the five members of the audience have suffered injuries as a result of the negligence of Nuclear Blast Sounds Pty Ltd can be allowed to bring a claim against New Nirvana Ltd. 3. The present case, it has been stated in the articles of Millennium Pty Ltd that Don will act as companys solicitor for any land purchases or sales. However after several years, Simon and Michael met another solicitor who was more efficient than Don, according to them. Therefore they appoint the new person as the solicitor of Millennium Pty Ltd. under the circumstances, the issue arises if Don can enforce the article according to which, he will remain the solicitor of the company. In this regard, the law provides that a member of the company can sue the company for the enforcement of rights only as a member of the company cannot in any other capacity (Baxt, 1991). For instance, Eley v Positive Government Security Life Assurance Co Ltd (1876) is also related with the articles of association of a corporation as a contract that has been formed between the corporation and its member. In this case also, it has been mentioned in articles that Eley will act as companys solicitor. However after some time, the directors of the company decided that another person should be appointed as the company's solicitor. The result was that Eley wanted to enforce the article according to which he was to remain the solicitor of the company. The court held in this case that this article cannot be enforced by Eley in such a way. The reasoning of the court was that in this case, Eley was trying to impose this as a solicitor and not in his capacity as the companys member. Therefore the court stated that either the article of the company was a stipulation that binds the members or it was a mandate for the directors. But in each case, it remains a matter between the directors and the shareholders of the company and not between them and the claimant. In this case also, Don was trying to enforce the article of the company in his capacity as a solicitor and not as a member of Millennium Pty Ltd when Simon and Michael decided that another person to be appointed as companys solicitor instead of Don. In this way, the facts of this case are similar to Eley's case mentioned above. Therefore on the grounds that have been discussed above, it can be said that in this case also Don cannot enforce the article of the company in his capacity as the company's solicitor. Hence, Millennium Pty Ltd can avoid another person as the solicitor of the company and replaced Don even if it was stated in the articles that Don will be the company's solicitor. References Barkehall S Thomas, 1997, Knowing Receipt and Knowing Assistance: Where do we Stand? 20 University of New South Wales Law Journal 1 Baxt R, 1991, Company Law Reform The Future and Fixing Up the Past The Doctrine of Ultra Vires, 19 Australian Business Law Review 147 Baxt R, 1996, Informality may be a Good Thing but it may be Very Dangerous, 24 Australian Business Law Review 463 Birds, J., 2007, Boyle Bird's Company Law, 6th Edition, Jordans Bourne, N., 2008, Bourne on Company Law, 4th Edition, Routledge-Cavendish French, D., Mayson, S., and Ryan, C., Mayson, 2008, French Ryan on Company Law, 25th Edition, Oxford University Press Case Law Adams v Cape Industries plc [1990] Ch 433 Eley v Positive Government Security Life Assurance Co Ltd (1876) 1 Ex D 88 Salomon v Salomon Co [1897] AC 22 Smith, Stone Knight v Birmingham Corporation [1939] 4 ALL ER 116