Pick any Business Law Case and write a 4 Page paper including a Work Essay

Pick any Business Law Case and write a 4 Page paper including a Work Cited Page - Essay Example The facts of the case were simple, Pinnacle Entertainment Inc, a Delaware corporation possessing 97% interest on Belterra Resort Indiana, transferred the title and possession of a riverboat to Belterra Resort Indiana. Pinnacle acquired the remaining 3% interest on Belterra in August of 2001. The Indiana Departments of Revenue conducted an audit of sales tax and use tax of Belterra in 2002 and proclaimed in its assessment that Belterra owed tax amounting to $1,869,783 plus interest and penalty, for acquisition of the riverboat. Belterra protested against the assessment of the Department and the Department after hearing the matter, issued a letter of findings denying the letter of protest. Belterra filed an appeal with the Indiana Tax Court. Both the parties filed for summary motion. The court in Belterra Resort Ind, LLC v. Ind. Dep’t of State Revenue, 900 N.E. 2d 513, 517 granted Belterra’s motion for summary judgment and reasoned that Belterra was not liable for use tax on its acquisition of the river boat due to the fact that the transaction was a contribution to the capital and not the result of a retail transaction (â€Å"Indiana Department of Revenue†). The Revenue Department was not satisfied with this judgment and this led to the case in hand, which was filed in the Supreme Court of Indiana. The problems which the Supreme Court had to sort out before moving with the case were numerous. Firstly, reaching a conclusion that whether the transfer of the river boat from the parent company (Pinnacle) to its subsidiary company (Belterra) was a â€Å"retail transaction† under the Indiana code section 6-2.5-3-2(a), as because the use tax can be imposed on Belterra for the riverboat only when it was acquired under retail transaction (Indiana Department of Revenue v. Belterra Resort). Secondly, the court had to determine whether the riverboat was obtained with or without consideration. Belterra argued that when no consideration was given f or the riverboat, the transaction was not a retail transaction, as  § 6-2.5-4-1(b)(2) states, â€Å"[a] person is engaged in selling retail when†¦he†¦ transfers that property to another person for consideration† (Indiana Department of Revenue v. Belterra Resort ). Thirdly, in the instant case the other critical legal issue was to find out, whether capital contribution by itself meant transfer of property without consideration. Belterra cited Grand Victoria Casino & Resort, LP v. Ind. Department of State Revenue, 789 N.E.2d 1041 to support his contention that capital contribution without consideration gave exemption from taxes (Rucker 827). Fourthly, the court had to determine whether there was exchange of some form of consideration other than cash in between Pinnacle and Belterra. The problem was to get an answer to the questions that â€Å"Was there any other benefit inuring to Pinnacle?† or â€Å"Was there some detriment borne by Belterra?† (Rucker 828). Fifthly, the court had to determine whether the presence of consideration in a transaction is enough to make it a retail sale. Justice Boehm states, â€Å"‘consideration’ is a necessary but not a sufficient condition to render a transaction ‘Selling at retail’† (Rucker 829). This however was contradictory to what Justice Rucker opined before. In the former context it was stated that when capital contribut

Liberal Governments :: European Europe History

Liberal Governments With what success did the Liberal Governments attempt to improve the quality of life of the working? The 1906 election, and subsequent landslide victory for the Liberals, was the first step toward the introduction of a welfare state. The Conservatives who were in power up to 1906 had basically ignored the concept of social reform; this had led to them losing the worker's vote and had also led to a decline in the standards of living for the working class. The New Liberals argued for more government intervention to help impoverished society and therefore created the first movements of a social reform. However, the new legislation was only a mediocre success in improving the quality of life for working class people. "New Liberalism", differing slightly to Gladstonian Liberalism, was essentially state intervention in order to reduce poverty and therefore improve living and working conditions for the working classes. Up until the turn of the century, it was believed that poverty was self-inflicted, and extremely easy to eradicate if the people concerned just tried a little harder. However by the 1906 election, studies on poverty had been completed by Booth and Rowntree, and ideas on the origins of poverty were beginning to change. These studies provided evidence to suggest that no matter how hard certain people tried, they could not lift themselves out of poverty, and needed assistance in the form of state benefits and legislations. As New Liberalism involved more government intervention, people were wary of it as it was a new concept, and the previous Conservative governments had been unconcerned with most aspects of helping the people. At this time people were scared of change, and many did not understand the benefits of schemes like the National Insurance Act of 1911, where there wasn't a guaranteed payoff and people did not understand why, or to whom, they were paying money. However, as the idea of "deserving" poor and "undeserving" poor still existed even with New Liberalism, not all groups of people received aid. Therefore the new legislation and reforms were not quite as successful as they could have been. This was partly because the Liberals were more concerned with their political status than increasing legislation for the good of the people. The Liberals were in fear of a potential threat from the newly-formed Labour Party, who relied on votes from the working-class population. The Liberals were also reliant upon the support of the Labour party in order to gain an absolute majority in parliament.

Theoretical Framework for Numl

Theoretical framework The study regarding organizational change shows that to be successful an organization must not only sustain itself on the inside, but it should also adjust itself to the environmental needs. For an organization to be effective it is important that it is stable and is able to change suitably. Organizational health is a theory which is used to explain the extent to which an organization is proficient of dealing with these two, slightly opposing forces.It is observed by Owens that as time passes organizations try to maintain themselves, increase the bureaucratic rigidity and try to adopt the traditional practices. He called this an organizational climate which is unhealthy and lays emphasis on maintaining the organization at the cost of its requirement for continuous flexibility to meet with the varying demands and expectations of the external environment (Owens, 1981). In his observation about the Pakistani Universities, S.Mehmood says that there are various reaso ns like; lack of funding, lack of political will, acute centralization, low–quality teachers, and the absence of a conductive teaching and research environment which unable the universities in Pakistan to grow (Mehmood, 2010). Institutions responding to environmental needs and these reasons can be viewed as healthy institutions. This description closely resembles to the cause of low intake of the students in NUML Peshawar. Organizational change can be produced by organizational self-renewal. Such an organization which is able to self-renewal is described by: 1.An environment that beliefs in flexibility and openness to change, increasing communications, and problem-solving. 2. A clear and common techniques through which participants can participate in orderly, methodical, cooperative problem-solving 3. A capacity to reach out suitably for ideas and resources that help to solve problems (Owens, 1981). Smith has reported that institutions which have been able to adopt organizati onal changes possessed three necessary characteristics: effective leadership, enlistment of prevalent support, and the fusion of purpose and people (Smith, n. d. ).These findings show that differences in organizational change and leader behavior should be related to low intake of the students. The independent variable in this case will be organizational change with respect to time. Changes are needed in annual funding (increase in budget), quality of teachers, teaching and research environment, awareness about the campus and courses (advertisement) and campus premises. The dependent variable is the intake of students in NUML. If these differences are met, the intake of students can increase by bringing changes in the organization that meet the day-to-day demands.

The Tragedy Of American Diplomacy - 983 Words

Well-known professor of American history, William Appleman Williams, crafts The Tragedy of American Diplomacy to illustrate that there is more to history than what meets the eye – more than what most Americans have been taught. He argues that there is a tragic past when the history of American diplomacy is analyzed. Throughout crucial periods of time in the nineteenth and twentieth centuries, Williams explores and analyzes instances in which American diplomacy was challenged, policy was deficient, actions were hypocritical and the structure of the system proven inconsistent. Preface to Specific Content Williams demonstrates his cognizance, and skills as a writer, as this book is a well-written piece of literature, touching upon historical†¦show more content†¦Over and over again, Williams illustrates this theme of â€Å"American Exceptionalism.† Throughout the book, there are several occurrences in which the â€Å"We are the best, and all that we are doing is of benefit to the world† mentality is shown. On one hand, there is nothing wrong with being proud of roots as an American and believing that America is the greatest country, but on the other hand, using this thought process in in order to legitimize the domination and control of other nations unlike America while preaching one set of values and acting on others, is wrong. We see these actions play out time and time again as America invades and controls other countries â€Å"to help† them, however, prohibits the country from experiencing the full advantages of self-determination – a value th at America claims to hold i.e. a tragedy of American Diplomacy. The Spanish-American War in 1898 was a point where American’s demonstrated their power and true colors. America wanted to free the Cubans from Spain, but it was not purely out of the interest of the Cubans. America was in it for the Philippines. Spain had control of the Philippines, and the Philippines were located in close proximity to China. The issue here was that the Philippines was not interested in having the U.S. around and rebelled against the American forces (47) .The U.S. wanted to capitalize on the economic struggles in China and the Philippines wasShow MoreRelatedComparative Critique of Kennans American Diplomacy and Williams the Tragedy of American Diplomacy1279 Words   |  6 Pagesto understanding of American diplomatic history during the period of 1900-1950. Kennans book, American Diplomacy, offers a sharp critique with its focus on American mistakes, specifically examining the absence of direction in American foreign policy and with the end result of America n strength and insecurity at the start of the Cold War. Williams, in his book The Tragedy of American Diplomacy, pursues a different but still critical perspective by asserting that American policy was largely motivatedRead MoreThe Tragedy of American Diplomacy by William Appleman Williams932 Words   |  4 PagesUniversity of Wisconsin-Madison, Famous historian William Appleman Williams of Atlantic, Iowa, wrote the book, The Tragedy of American Diplomacy in response to the rampant changing things happening around him. Enraged, Williams’ addresses several points with foreign policy being the main one. He encompasses several themes throughout his book such as American capitalism, the failure of American liberalism, and the Open door notes. These themes help convey his view on the matters at hand, which for a lackRead MoreThe American Imperialism Essay558 Words   |  3 Pagesabout American imperialism and its behavior. Historians such as William A. Williams, Arthur Schlesin ger, and Stephen Kinzer provides their own vision and how America ought to be through ideas centered around economics, power, and racial superiority. Economics becomes a large factor in the American imperialism; but more specifically that expansion in foreign markets is a vital part in the growth of America. As historian Charles Beard puts it, â€Å"[it] is indispensable to the prosperity of American businessRead MoreLumumba s Alliance With The Soviet Union1016 Words   |  5 Pagesthe Congo, which received the support of the Soviet Union, China, and several other African countries. They made great strides in August 1964, when they began to push back on the Congolese national military force, which led to a joint Belgian and American intervention. This operation, Dragon Rouge, though initially a rescue movement, is credited as the movement that broke the resistance. As a result of the rebel defeat, Tshombe lost the support of Kasa-Vubu who then dismissed him from his post asRead MoreWhat Were The Key Of The Cold War? Essay1409 Words   |  6 Pagesvarious authors have proposed led to the Cold War. There are three viewpoints on w hat on what were the significant factors that led to the Cold War. There is the Orthodox viewpoint, which blames Soviet expansion, the Revisionist view, stating that American imperialist capitalism led to conflict. I will pay particular attention to the eminent William A. Williams who is considered the father of Revisionist school of thinking. There is also the post Revisionist view which places the responsibility onRead MoreEssay751 Words   |  4 Pagesidentity, culture, and preserve its way of life while expanding to different territories, this alone has led to countless wars and skirmishes resulting in devastation over Europe including the 30 year war, 100 year war, and the Napoleonic era. After the tragedy known as World War II, an attempt to integrate France along with other European states to form a supranational government resulted in the formation of the European union. Along the way France has battled with proponents and opponents going back andRead MoreThe Policies Of Ei senhower s Vietnam And John F. Policy1688 Words   |  7 Pagescontradicted with their ideologies. DWIGHT EISENHOWERS FOREIGN POLICY VS. JOHN F. KENNEDYS FOREIGN POLICY The view by some historians is that The Dwight Eisenhower foreign policy was popularly known as the â€Å"New Look†. This policy aimed to maintain the American financial economy while Eisenhower was planning the Cold war and continue the containment of communism regime. Also, the â€Å"New look† policy relied heavily on nuclear weapons to stop communism. Therefore the policy was been assessed as being suppressingRead MorePresident John F. Kennedy1738 Words   |  7 Pagesmeant to be the future President of the United States, died due to the blowing up of his plane. After this tragedy, father’s hopes and aspirations were put on John F. Kennedy, and that is when his political career started. In his inauguration speech, Kennedy said his famous phrase, â€Å"Ask not what your country can do for you. Ask what you can do for your country† (1961). He tried to make the Americans more active citizens. Kennedy showed an example himself, doing a lot to his country. Still, the biggestRead MoreBlack And White: The Reason Why Gun Control Debate Fails 1457 Words   |  6 Pagescontroversial topic for many years that people try to discuss about it. This issue has become more serious because of many recent tragedies have been happened in the US, and the main reason of those tragedies is lack of control. For example, tragedies in Newtown or Colorado, which everybody has known, took away many lives of innocent children and adults. That is why American citizens think that guns are dangerous and should be banned. However, there are some problem of banning guns brings more negativesRead MoreThe Cold War And The Soviet Union1462 Words   |  6 Pageslearned truth about world within.   Ã‚  And they have learned to seek security only in patient but deadly struggle for total destruction of rival power, never in compacts and compromises with it. (Kennan, 1946) Kennans telegram formed the basis of American policy toward Russia for the next fifty years. He presented a country that was inherently incapable of being a responsible world partner. Kennan implied that direct military confrontation was too risky, and so a policy of â€Å"containment† would play