The University Of North Carolina At Chapel Hill - 3032 Words

The University of North Carolina at Chapel Hill opened in 1795 as the first public college in the United States. Since then, free speech and the formation of independent ideas and opinions have been seen as integral parts of a student’s educational experience. Unfortunately, through the categorization of public college campuses as designated public forums and the implementation of restrictive student conduct codes and debilitating free speech zones, universities are denying students the expression they deserve. While these policies were originally created to protect students, they are now leading to a rising number of student tensions, lawsuits, and constitutional arguments. Every university is unique in its ability to define campus†¦show more content†¦The Fourteenth Amendment extended this citizen protection to state law by affirming, â€Å"no state shall†¦abridge the privileges or immunities of citizens of the United States† (US Const, Amend XIV, §1). While the Fourteenth Amendment’s extension of its protection to state law and the right to free speech are seemingly straightforward, they have proven difficult for courts of law to manage. Free speech has not been given a true legal definition and, as will be discussed in the following paragraph, is more accurately defined by its boundaries and limitations. Courts have struggled for the past century to determine what speech is protected under the First Amendment. Rather than identifying every one of those rights, the Supreme Court ruled the types of speech that are considered unlawful. These include fighting words (which provoke violence), any speech that shows a clear and present danger to the government (such as terrorist threats), and perhaps most importantly hate speech (Langhauser). Hate speech is a slightly more controversial issue because of its overall loose definition. Hate speech is often defined as statements â€Å"offending any group based on race, gender, ethnicity, religion, or sexual orientation† (American Bar Association). However, many times courts have found that the simple utterance of hate speech is protected, while the

Death of a Salesman an American Tradgedy - 1414 Words

Emily Grant English 1600-Spring 2011 Term Paper #1 Death of a Salesman: An American Tragedy A greek tragedy is a story that involves a character with a tragic flaw that eventually causes and leads to their downfall. A tragic hero, according to Aristotle, is one who comes from a high background, with a high status and noble, valuable characteristics. The hero will eventually fall due to their tragic flaw, and will come to a tragic realization of the error of their ways during this process. Death of A Salesman by Arthur Miller is indeed an American Tragedy, but the question is, is Willy Loman a tragic hero? First of all, Willy Loman is not from a high background, but rather a common American man with a warped sense of his â€Å"American†¦show more content†¦Biff says to Happy â€Å"Hap, the trouble is we weren’t brought up to grub for money. I don’t know how to do it.† Happy proceeds to say â€Å"Neither do I!† (Miller 13). The tragedy is that what Willy Loman believes in and what he expects out of his family contradicts each other. The ideals he put into his sons as they were growing up completely set them up for failure, yet Willy Loman is too proud to ever admit that and see the reason why his sons’ are so flawed. Near the end of the play, Willy sees the once-nerdy Bernard, who is now a successful lawyer about to argue a case before the Supreme Court. Willy can only shake his head in wonder of the irony that his own son turned out to be a loser and Bernard a successful lawyer. He still doesn’t see that Bernard got to be successful through years of study and hard work. He still can’t see through his own tragic flaw. Willy’s warped view of the American Dream included the belief that successful people were risk-takers and adventurers. He hates the fact that he never took his brother’s offer to move to Alaska to make his fortune. His brother Ben got rich, why couldn’t he? When I was seventeen I walked into the jungle, and when I was twenty-one I walked out. And by God I was rich† (Miller 33). He wants his son Biff to become a success through taking a risk and starting a sporting goods company. He believes people would be drawn to the company by Biffs’ charisma, athletic ability, and Loman name. When Willy Loman dies, itShow MoreRelatedDeath Of A Salesman By Arthur Miller1127 Words   |  5 PagesArthur Miller: â€Å"Death of a Salesman† Analysis Willy Loman had been a salesman for all of his life. Although he was a hard worker and kept up with an exhausting schedule, his family always practically lived in poverty and Willy was inferior in his company. He always told his family that they would get the big break he deserved. He had raised two sons, Happy and Biff, to think that life has somehow cheated them and insists that they will get their payback someday. Willy s wife, Linda, lives in denial

Different Approaches in Conflict Management Free Essays

string(35) " will agree or change her tactics\." The case that is being analyzed is about the power issues between Lenore and Caroline. This paper will assess the power relationship between the two and explain in great detail the power balancing strategies that can be used. Also included in this paper, will be the Wilmot- Hocker assessment guide. We will write a custom essay sample on Different Approaches in Conflict Management or any similar topic only for you Order Now The Wilmot – Hocker Assessment Guide will be the basic foundation for this paper. This assignment will explain the goals of each individual and the messages they use to achieve them. This case study will include examples from the conversation in order to back up certain ideas. Before Lenore and Caroline engage in conflict, Lenore felt she was being shunned from the family. This feeling of being shunned, resulted in Lenore having a hostile attitude toward Caroline and her family. Even though Lenore feels neglected, she will only state a few of the reasons why she † Feels a non-person in Caroline†s life and her kid†s.† The reason why she will not engage fully into conflict is she afraid of conflict. She views confrontation in a negative way. If she did not perceive conflict in a negative view, she would then be more direct on how she feels. When Caroline begins to defend herself and her family, Lenore instantly backs away and pretends to forget what she had previously stated. Lenore is denying that something was communicated because she is trying to ignore the existence of power (Interpersonal Conflict p. 87). Caroline is the exact opposite of Lenore. Although Caroline does not initiate the conflict, she does not back down from conflict. It is obvious that Caroline is not afraid of conflict. Since the relationship between her mother and her is important, she wants to understand why her mother feels the way she does. Caroline realizes in order to do so, a conflict between ideas will occur. She understands if the conflict is handled correctly, the relationship will gradually become stronger with her mother. Both of their ideas about how a family should be raised will brought out into the open in a conflict. After reading over the case, it was apparent that both Lenore and Caroline use metaphoric images when they are communicating to each other. Lenore states that parent†s are the best role models for children. If you†re not going to provide that model for them, who is? Caroline responds by saying, † I can not buy what you are saying.† Although this type of metaphoric image is not mentioned in the book, one must assume that this is an example of conflict as a product. By saying I can not buy what you are saying, Caroline is stating the metaphoric message that conflict is a product and can be bought if it is at the right price. When Lenore told Caroline that she is heading into fairly stormy waters, Lenore is using what is considered to be a negative metaphor. Stormy waters can be extremely destructive by being repetitive, powerful, and inescapable. The book would compare Lenore†s statement as being â€Å"Conflict is a Tide.† Both Lenore and Caroline do not use metaphoric images in a positive way. If both parties realized those metaphors can cast a negative tone, it would limit the possibility for productive conflict management. Neither party would have used the metaphors. Lenore is a senior citizen, which would make her over sixty-years of age. Taking her age and the way she communicates into consideration, one can assume that she is a conservative and an old fashion type of lady. She demands that Caroline and her children show her respect because of her age. It is even mentioned in the case, that Lenore would drop everything when her parents came to visit her. Caroline is thirty- years old, and it is obvious that she is more liberal then Lenore. Caroline can understand her daughter†s actions a lot clearer then can Lenore. The difference in generations is one of the main ingredients of the conflict. The older generation of people can not adapt to the change in families. For example, people in Lenore†s time were not so busy with † Car pools, tennis games, and trips that we†re really not crucial to any part of your life style.† This generation of families is on a lot more hectic schedule. Lenore and many other people from her generation, have a hard time adapting to the fast pace life many families endure. Lenore must understand and accept that Caroline†s parenting style suits the lifestyle of the family. Lenore†s parenting style may have worked in the fifties, but it will not work in the nineties. Until Lenore accepts this fact, there will always be a conflict between them. The event that triggers the conflict, is when Caroline†s daughter runs right past Lenore and does not say hello. Lenore interprets that the kid is â€Å"spoiled†, and that Caroline has failed at raising her children correctly. This is the event that brought the conflict into mutual awareness. Since Lenore is Caroline†s mother, she unarguably believes she knows what is best for Caroline†s family. This first event lead†s into a destructive spiral of more of Lenore†s problems with Caroline and her family. One of the other problems in the past that upsets her, is that she wants to feel a part of their lives. It seems that if Lenore is not the center of attention, then there must be something wrong. Caroline believes that there is nothing wrong with her family. Lenore is overreacting and she should just let her be her own person. However, Lenore feels that there is a crisis in the family. She gets even more upset and angry, when Caroline refuses to agree with her that there is a problem in the family. Because Caroline will not agree with Lenore, it adds fuel to the fire. Caroline will listen to her mother because it is her mother, but that does not mean she will agree or change her tactics. You read "Different Approaches in Conflict Management" in category "Essay examples" Caroline expresses the struggle in a rational state of mind. She does not ignore her mother; instead, she communicates the message she understands her mother has a problem. The mother expresses the struggle in an over-reacting and unrational state. It is overwhelming to her that her daughter will not conform to what she says. She interprets this as being a sign of disrespect. In order to understand what the incompatible goals are, we must understand what the relational goals of each party are. First of all, Lenore wants her grandchildren to † kiss and hug her every time they see her.† She also wants her daughter to show her much more respect. On the other hand, Caroline wants her mother to realize that her grandchildren still love and respect her, even though they do not kiss and hug her every time they see her. Since Caroline wants one thing and Lenore wants another, this leads into incompatible goals. Both Caroline and Lenore want different things and this causes a struggle over goals. The reason why there is a struggle over goals is because time is a scarce resource. The case study would imply that Caroline†s daughter lives a busy life. She has restraints on her time to play with her friends. When she is not playing tennis or going to school, she wants to spend her time with her friends. This is a normal response for children her age. The grandmother does not understand the time restraints on Tara. The granddaughter would rather spend some time with her friends and have fun, then sit around and listen to outdated theories of Dr. Spock. If both Lenore and Caroline were to engage over what goals are important to them, there would be less of a problem. The situation does not have to be Grandma versus the family. This particular case study lacks goal clarity. Lenore only discovers her goals during the course of the conflict. She only began to engage in conflict, when Tara ran past her and ignored her. Before this incident, she did not have a plan on how to become a bigger influence in the family. If Lenore really wanted to improve the relationship with the family, she would not have been so individualistic. She could have taken account for the family†s needs as well as hers. Lenore could have mentioned that she thought her knowledge on raising families could benefit Caroline and would also help Lenore feel a part of the family. Throughout the conflict, Caroline was defending herself and her family. Therefore, she used a lot of self-oriented tactics. She became very defensive when Lenore said that she was not interested in their advice or in their decisions. She was forced to defend herself and her family. By being defensive, it limited her to only being able to respond back. She was unable to make clear exactly what she wanted from her mother. Although the prospective goal was not mentioned, it was obvious that Lenore was upset with the behavior of Tara and Caroline. Lenore stated that her husband and her â€Å"feel like their a non-person in your life and your kids life.† Lenore†s first goal would be an example of a relational goal. Lenore wanted her grandchildren and her own daughter to treat her with respect. The conflict was about who Lenore and Caroline are to each other. If Lenore is Caroline†s mother, she should treat her like a mother. However, Caroline feels Lenore should stop telling her what is best for her and her family. This is also an example of a relational goal. Since Caroline and Lenore have opposing views on their relationship, a conflict developed. The transactive goals that developed in this conflict happened while the conflict was taking place. Caroline was not aware of how her mother felt about their relationship. Even though this conflict took place, Caroline still does not know how the mother feels about the relationship. In the beginning stages of the conflict, Caroline†s goal was to explain why her daughter did not say hello. That was a relational goal. After Caroline realized that her mother was upset about how Caroline is raising her children, the goal drastically changed from being a relational goal to an identity goal. Who is Caroline to her mother? When Caroline said,† Just because you†re my mother does not mean that we have to think exactly the same,† it showed Caroline was trying to clarify their relationship. During the conflict, Caroline was trying to save face. In order to do so, she had to stick up to her mother. Her mother ,however, wanted to still have control of Caroline and the way she raised her family. When a valid point was made, her mother would find a way to change it around. For example, when Caroline said, â€Å"You brought me up to understand that I am my own person,† her mother responded by saying, † I hope I threw in some training sessions on respecting other people†s authority.† Lenore was accusing Caroline of being a poor mother and having a poor daughter. Lenore could not accept that her daughter could make good decisions, without her assistance. Since it is not known what exactly the retrospective goal is, one must assume that Caroline realized she should have handled the conflict differently. If the goals in the beginning were clarified, there would not have been such a dispute. Neither party specialized in any type of goal. By the end of the conflict, both parties still did not know what the other party wanted. The power issue between Lenore and Caroline is not discussed. Lenore, who has less power then Caroline, is trying to take away Caroline†s power. Lenore uses an either/or approach. Caroline is trying to move Lenore against her will. What this means is she is trying to force Lenore to do what she says. If Lenore says that Caroline is not raising her family correctly, she better change something. Caroline and Lenore are in a conflict over who should have power in the relationship. The mother believes that she knows best on how to raise children and Caroline should listen to her. French and Raven would describe this source of power as expertise. Since Lenore is the mother of Caroline, she believes she has the wisdom, knowledge, and expertise on how a family should operate. Caroline refuses to accept her mother†s opinion and that leads into a struggle over power. When Caroline was younger, her mother was able to punish (coercion) her when she did not like her behavior. Now that she is older her mother is unable to do that and it causes Lenore to be less powerful. Her mother can only verbally attack Caroline, and that is exactly what she does. A currency that Caroline did not realize she had was her interpersonal linkage. She serves as the bridge between Lenore and Tara. Lenore would not know how Tara felt if it was not for Caroline. If Caroline choose not to tell Tara how Lenore felt, there is nothing Lenore could do about it. This would make Lenore even have less power. Lenore and Caroline have a power imbalance. Lenore†s goal is to strive for higher power. She even mentions if she was the mother, the children would not be acting this way. Lenore communicates to Caroline in what is called competitive symmetry. This means that she uses a repeated pattern of one-ups. An example of this would be when Lenore said, â€Å"This your mother talking.† Lenore attempted to have Caroline be submissive and to agree with her by communicating with one-downs. Instead, Caroline attempted to communicate in what is called a complementary pattern. She would say, † Your are twisting this all around to make me see your point of view. So what if we disagree with minor things.† She was using a one-up pattern at first by saying how she truly felt, but she then use a one-down pattern when she explained her reasoning and she hoped her mother would agree. The type of style that Lenore uses is called competitive. She is highly concerned for her own needs and she really does not have a high concern for others. For example she says, â€Å"We just have begun to realize that we are going to start looking out for our own needs-alone.† This statement is implying that her needs must be meet first and foremost. What makes this case interesting, is that Lenore also uses an avoidance technique throughout the argument. When Lenore said, â€Å"Nonsense! I†ve never ever told you what to do or when to do it.† This remark indicates that Lenore decided that she would avoid continuing in the argument. She is using what is called a nonconsensual avoidance. She is ignoring everything that Caroline has to say. Caroline uses a collaborative style when she communicates with her mother. She has a high concern for her needs, but she also has a high concern for her mother†s needs. The problem is her mother and her can not clarify what they want. So it makes it impossible for Caroline to find an integrative solution that will satisfy them both. What results from this is a symmetrical â€Å"attack-attack† patterns, were they are trying to one-up each other. Caroline, Lenore, and Tara are involved in what is known as a toxic triangle. Tara and Lenore are at the top corners, while the grandmother is at the bottom corner. The results from a toxic triangle can be devastating to the relationship. If the grandmother would accept Tara withdrawing from the triangle, it would give Lenore and Caroline time to discuss their current relationship. The focus would not be about Tara, but instead them. This one to one communication could result in the two collaborating. All and all, both parties need to realize in order to accomplish their goals, they need to know exactly what their goals are. Lenore uses the avoidance and competitive style, while Caroline uses the competitive and collaboration style. They will only further damage the relationship if they keep competing with each other over who has power. 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Lump Sum Payment Was Recurring In Nature †Myassignmenthelp.Com

Question: Discuss About The Lump Sum Payment Was Recurring In Nature? Answer: Introducation Eric has procured etc various assets like collectibles, personal use assets, in the last year and because of appropriate information in the question, it is assumed that such assets are not held more than a year. As a result, the indexation advantage cannot be availed by Eric owing to such holding period and when the sale value of such assets exceed their acquisition cost, they become liable for capital gains tax (ATO, 2017). The reason behind the purchase of personal assets can be attributed to the fact that these facilitate self-use and enjoyment. Furthermore, if the procurement expense of these assets is more than $10000, then the capital gain tax shall incur on the sale of such assets. Eric has purchased a home sound system for $12000 in the given case. In addition, collectibles have been purchased for personal benefit as well and if their procurement expense is more than $500, then taxability of capital gain tax must incur upon the same (ATO, 2017). Eric has purchased collectibles like painting, an antique vase, and antique chair respectively. It can also be witnessed from the case that he has purchased some shares in a listed company that pursues a procurement expense of $5000. For computation of capital gain, the sales proceeds must be deducted from the procurement cost of the assets List of assets acquired by Eric Sale consideration Procurement expense of such assets Net capital loss or gain Antique Chair $3,000 $1000 $2000 Loss Antique Vase $3000 $2,000 $1000 Painting $1000 $9,000 $8000 Loss Home sound system $11000 $12,000 $1000 Loss listed company shares $20000 $5,000 $15000 Net capital gain= $5000 Based on the above computation, it can be seen that the losses for the year have been set-off with the income in the same year so that net capital gain can be determined. Furthermore, it must also be noted that the above-mentioned assets have formed part of the computation because their acquisition cost is more than what is specified for taxability of capital gain. Overall, after considering all such scenarios, the net capital gain comes to $5000 for Eric in the given year. It can be seen in the given case that Brian has been offered a loan of $1 million from his employer at a very special rate of interest that is repayable in monthly installments. This criterion is similar to that of a loan fringe benefit because, in this benefit, the employer attempts to offer his employee a loan at a special rate of interest (lesser than that of the required rate of interest). Sometimes, in such benefit, no interest is charged from the employee (Pratt Kulsrud, 2013). Thus, since in the given question as well, the criterion prevails, the loan offered to Brian will be considered a loan fringe benefit. Furthermore, to compute the taxability of such benefit, such required interest rate must be known and since the question does not specify the same, the interest rate on April 1, 2016, shall be considered the statutory or required interest rate. On April 1 2016, the rate was 5.65% respectively. The taxable amount of such benefit will be computed here without accounting for the deductible rule. For such purpose, the loan interest (actual interest) will be deducted from the loan interest (required or statutory interest). Therefore, loan interest (actual interest) = $1000000 * 1% = $10,000. Similarly, the loan interest (statutory) = $1000000 * 5.65% = $56,500 Taxable amount is equal to $56,500 - $10,000 that amounts to $46,500 The loan interest (required or statutory interest rate) will be computed after assuming that the same was actually payable by Brian. Hence, it amounts to $10,00,000 * 5.65% that gives $56,500 The loan amount of one million obtained by Brian has been utilized for meeting future obligations and other income generating purposes. He has used around forty percent of such loan. Therefore, the amount of hypothetical tax-deductible interest expenses will amount to $56,500 * 40% that gives $22,600 respectively. In this step, the same criterion as mentioned above will be considered, except the fact that the interest expense will not be hypothetical and instead, it will be the actual interest amount. Therefore, it shall amount to $10,000 * 40% that gives $4000 The amount obtained in step (d) will be subtracted from the amount obtained in step (c). Hence, it will amount to $18,600 ($22,600 - $4000) The final amount will be computed by subtracting the amount derived in step (e) from the amount in step (a). Therefore, this amounts to $27,900 ($46,500 - $18,600). Instead of monthly installments, if the interest was repayable after the expiry of the loan, then the deemed time of such loan would be considered from the time when such interest was paid or it became payable as a whole. It can be observed from the given question that an agreement has been entered into betwixt Jack and Jill so that they can purchase a rental property with the borrowed money. Besides, based on the agreement, both are going to serve as joint tenants of the purchased property. However, if they decide to sell the same in the upcoming future, Jill shall obtain 90% of the profits while Jack will attain the rest. In addition, if there is no gain from the sale of such property, the entire amount of loss shall be borne by Jack alone (Renton, 2005). Nevertheless, it can be seen that the loss amount of $10,000 incurred in the last year must be borne by Jack alone and the amount can either be added to his other income (if any) or can be carried forward in the next year. With the help of this right, Jack can easily make use of the loss amount to determine his total income for the year. Nonetheless, if the property is sold, there may be either a loss or income from the same. In the case of gain, both Jack and Jill shall share the profits but in the ratio of 10:90 and Jack can also utilize the losses incurred last year to set-off against the income accruing in the current year so that net income can be calculated. In contrast to this, if there is a loss from the sale of such property, Jill is under no obligation to bear the same because as per the agreement, the entire loss must be borne by Jack alone (Sadiq et. al, 2014). However, he can carry forward the same or set-off the same in order to ascertain his total income for the year. Therefore, on a whole, it can be concluded that in the given case, the sharing of profits is done in the ratio of 10:90 while the losses will be borne by Jack alone. Thus, the treatment of tax does not affect Jill in any circumstance and Jack remains always liable to bear the entire amount of losses in his books of accounts. The case of IRC v Duke of Westminster [1936] AC 1 assists in representing the principle that every person has full right to manage his accounts and financials that can allow him to minimize his total tax payable in a year. Besides, it is also mentioned in the case that if any person is successful in minimizing his total tax payable by the adoption of legal ways, then even the Commissioners of Inland Revenue does not have any right to stop them from doing so. The only requirement that this case law necessitates is that the documents depicting the truthfulness of the transaction must be genuine in nature and then the courts even cannot rely on some underlying framework to contradict their doings. Nevertheless, with due course of time, the significance of this rule has been lost because of the arrival of many other similar case studies in this regard (Adams, 2011). As a result, the viewpoint of people in relation to the observation of accounting and taxation affairs has become distinct in nature in the current situation. The utmost significance of this rule in the current scenario is that it plays a key role in preventing the organizations from influencing relevant material from the financial statements. This means that the rule assists every organization and individuals to operate their affairs in a genuine way (Adams, 2011). For instance, a business organization can make use of legal ways to write off its fixed assets to their respective carrying value so that the losses and debts that are exerting pressure over it can be avoided. In such a scenario, even if such business organization does not have proper relevant documents in regard to the same, then also it will be sufficient to just write off the fixed assets (Nethercott et. al, 2013). However, such business organization must not try to engage in illegal methods to manipulate their material information from the financial statements because this rule restricts them from doing so. The owner of a big piece of land accommodating hue pine trees intends to graze his sheep on such land but the prevalence of such trees obstructs him from doing so. Bill who is the owner wants to hire a logging company for the same so that the company can obtain as much as timber from his land and in return, he is compensated. In the first case, it can be seen that Bill intends to receive $1000 for every meter of timber cleared by the logging company. In this case, since a number of receipts is not provided, the same will be regarded as a revenue receipt. As a result, it must not attract capital gains tax (Cartwright, 2013). However, in the second case, it can be seen that Bill intends to receive $50000 as a lump sum amount for clearance of the entire trees from his land. This receipt is purely a capital receipt because of the following reasons: The receipt is incurred only after granting of a right by Bill to clear the entire trees from the land. It is not a small payment and instead, it is lump sum in nature. It is a non-recurring receipt because, after clearance of trees, they will take time to grow once again. Therefore, this receipt will be regarded as a capital receipt and hence, will attract capital gain tax as well. On a whole, even though in both the cases, Bill receives some amount of money, yet their nature is altogether distinct. Besides, the criterion of a capital receipt as mentioned above is not visible in the first case because it was not a lump sum payment and it was recurring in nature. In contrast to this, the second case occurs only after giving a right to the logging company and it can be treated as a sale of an asset to a company (Nethercott et. al, 2013). Whilst the first case is taxable at normal rates, the second case is taxable under capital gains. References Adams, J. (2011). What is The Difference Between Tax Avoidance and Tax Evasion?. Accessed September 19, 2017 from https://www.taxinsider.co.uk/680-What_is_The_Difference_Between_Tax_Avoidance_and_Tax_Evasion.html ATO. (2017). Capital Gain tax. Accessed September 20, 2017 from https://www.ato.gov.au/general/capital-gains-tax/ Cartwright, M. (2013). Death to the Australia Tax?. Accessed September 19, 2017 from https://www.ato.gov.au/Individuals/Deceased-estates/Being-an-executor/Tax-responsibilities Nethercott, L, Richardson, G Devos, K. (2013). Australian Taxation Study Manual. Oxford University Press Pratt, J.W Kulsrud, W.N. (2013). Federal Taxation. Penguin Publishers. Renton N.E, (2005) Income Tax and Investment. John Wiley Sons Australia Ltd Sadiq, K, Coleman, C, Hanegbi, R, Jogarajan,S, Krever, R, Obst, W, Ting, A. (2014). Principles of Taxation Law. Sydney