Sunday, May 17, 2020

By Thomas Chatterton Williams s Poem, As Black - 908 Words

In his essay, â€Å"As Black as We Wish to be,† author Thomas Chatterton Williams tries to paint a picture of a world where the sight of interracial families was still considered an oddity and shows how, over the decades, society has slowly became more acceptable towards the idea. He begins the essay briefly discussing the ignorance of people during the late 1980’s while also elaborating what hardships African Americans have dealt with over the past century. He explains that even with the progression of interracial families and equality of African Americans, a new problem has now risen for interracial children of the future. While either being multiracial, African American, or White, what do they decide to identify themselves as? This is the major question that arises throughout Williams’s argument. While Williams’s supports his argument with unreliable environmental evidence, as well with other statistical evidence. His argument is weakened by an abundanc e of facts, disorganization, and an excessive use of diluted information. Williams introduces his argument by briefly explaining the ignorance he has dealt with while growing up as an interracial child. Even though he grew up in a time period of unequal rights, he acknowledges in his argument that nowadays â€Å"Some of 35 percent of Americans say that a member of their immediate family or a close relative is currently married to someone of a different race.†(Par 3). While this argument is completely hearsay and very broad, it does

Wednesday, May 6, 2020

The Phone On The Table - 1326 Words

The phone on the table began to ring. It said Carlos on the caller ID but it wasn’t his voice who answered. â€Å"Kevin? What are you doing? Why have you got Carlos phone?† â€Å"Carlos? Oh yeah, your scientist, I knew I recognised him, I m sorry Cecil this isn t exactly what I wanted to give you for Christmas† â€Å"Kevin, where s Carlos?† â€Å"He s dead† Cecil hung up, he couldn t deal with Kevin s lies at the moment, he had a show to do and if Kevin wasn t going to put Carlos on the phone he wasn t going to bother trying, they could talk later. He put his phone on silent and began the show. He read from the sheet in front of him in his usual monotone voice, not thinking of anything in particular, the news wasn t very interesting today. When he finally switched to the weather, Cecil checked his phone once again. Four new texts from Carlos Kevin: â€Å"Cecil? I think my phone cut you off† â€Å"I m not lying Cecil, why would I lie to you?† â€Å"Cecil answer your phone!!!!!!† â€Å"The body s gone†¦Ã¢â‚¬  He didn’t believe him, obviously, but the last one struck him as odd, why would Kevin say something like that? It doesn’t make his story any more believable. It just didn’t make any sense. But then again Kevin had never really made any sense to him. He put it out of his mind. Kevin didn’t text him again, and there was no message from Carlos either. Cecil was only a little worried, his silence was always scary but there could be tons of reasons for it, it had happened before. They had gone 7 daysShow MoreRelatedThe Effect Of Cell Phone On College Students Interaction At Dining Table1641 Words   |  7 Pagesinteraction. My observation on college students using cell phone at dining hall has raised my question of how does cell phone influences people’s interaction at dinner table. 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Sports Law for Adam and Taylor Fiduciary Duties - myassignmenthelp

Question: Discuss about theSports Law for Adam and Taylor Fiduciary Duties. Answer: In the Australian Football League (AFL) mostly all players are managed by player agents. In the contemporary period it is not easy to find a player in the AFL who is not managed by an agent. The AFL constitutes big business and in light of the fact that the players laying in the league have a very short career they try to maximize their income during the time they are associated with the league. These players have to live a busy life as not only they have to ensure their competency for the game but also have to handle media, sponsorship, financial management, advertising and public relations. They also have to from time to time indulge in dispute resolution with the management with respect to their playing contract. The handling of these contracts which a player gets into during the time they play in the league requires financial, commercial and legal expertise which evidently the players do not possess. Thus they appoint agents to look after their contracts. These agents have a fidu ciary relationship towards the players. The agents have a duty of undivided loyalty towards their clients as fiduciaries. Thus it is the legal and ethical duty of the agent to put the interest of the client at priority subjected to a few exceptions. However the fiduciary relationship between the agent and the player sometimes creates difficulties and may result in a situation of conflict of interest where the agent manages more than one player of the same league. The purpose of the paper is to critically analyze the duties (including fiduciary duties) which an AFL player agent owes to an AFL player. The paper throws light upon the legal duty of undivided loyalty which an agent has to a player in AFL and which is jeopardized when the agent acts for more than one player and gives rise to a conflict of interest position. The primary duty of a player agent is that of handling various matters which arise during the football career of the player. These include the duty of representing the player in negotiations towards football contracts with the club and therefore having a direct effect on the relationship of the players with the club. It is also the duty of the agent to handle sponsorships and public relations with respect to the players. They also have to look after the guidelines of the collective bargaining agreement which is established between the AFL player association and AFL. The agents may also be involved in handling less obvious areas of the players such as Tax, investment counseling and financial planning. However the primary duty which the agent has of negotiating terms of the contract between the player and the club. All agents have to get AFLPA accreditation through which they acknowledge their fiduciary duties towards the players[1]. Fiduciary duties According to Lewis, Adam, and Taylor fiduciary duties are those duties of loyalty and good faith which is owed by a person in a fiduciary relationship to others because of the reliance and trust placed by the other persons on them[2]. Thus an agent owes fiduciary duties towards the principles as they place great deal of trust and confidence on them[3]. Therefore the existing relationship between the players and the agents makes the players the principal and the player agents the agent. The player agents therefore by the operation of law owe a fiduciary relationship to the players. One of the critical features in relation to a fiduciary relationship as provided by Mason J in the Hospital Products case is that the fiduciary acknowledges acting towards the best interest of the dependents[4]. The nature of the relationship between the agent and the principal provides adequate powers to the fiduciary to exploit those who have placed their trust on them. The other person is thus at the mer cy of the fiduciary and evidently it is the obligation of the fiduciary to discharge their duties in such a way as they are in the best interest of the person. A duty of undivided loyalty is also owed by the fiduciary to the principle. The agents of the AFL players have a fiduciary obligation towards the players as the players place significant trust on them in relation to the negotiations of contracts with their respective clubs and other responsibilities. However, a fiduciary duty needs to be analyzed and cannot be said to be evidently present even in relation to the accepted categories (such as Lawyer-client or Doctor-patient). Determination of fiduciary duties is done through the help of analyzing any course of dealing, factual circumstances or subsisting agreement between the parties as provided in the case of News Ltd v Australian Rugby Football League Ltd[5]. It is the legal duty of the player agents to avoid any situation of a conflict of interest which may come up between the interest of the player and person interest. In case such a situation is identified it is the duty of the player agent to ensure that he prioritizes the interest of the player over personal interest. There may be coexistence of contractual and fiduciary relationship between the parties where the foundation of the fiduciary relationship is the contractual relationship. However fiduciary relationship has to be consistent to contractual relationship. In additi on the fiduciary has an 'overriding duty of undivided loyalty' towards the principal[6]. As highlighted by Shropshire, Davis and Duru the obligation of the agent to act in the best interest of one player may contradict with the obligation of the agent to act in the best interest of another player where he may be working for more than one player[7]. This situation is prominent in the AFL where 6 large agent organizations deal with most of the players playing in AFL. In this situation the duty of undivided loyalty is necessarily compromised by the agents as they are not able to properly discharge an obligation without contradicting with the other[8]. Here there is much relevance of the Biblical injunction of Matthew 6:24 which states 'No man can serve two masters.'[9] There are a number of specific duties which 'overriding duty of undivided loyalty' provides to the fiduciary in relation to the principal. This is the duty of avoiding conflict of interest between personal and player interest and the duty to act in best interest of one player vis--vis another player. It is also the duty of the fiduciary to be accountable to the player in relation to any profit which has been made by him due to the position and information provided to him by the player through the agency contract[10]. Thus the player agent cannot make any authorized gains from the agency contract. In case the obligation is not complied with the agents have the duty of providing any additional profit to the player or to compensate them for their losses. The player agents although being entitled to receive commissions from the agency contract, cannot claim that it is not a breach to gain such commission unless the player knows or has authorized the receipt of the commission. As per Matt hew et al., it is the duty to the player agents to obtain express consent or to let the players known about any additional commission received by them through the agency contract[11]. The agents also owe concurrent duties to the AFL player clients and AFL Clubs. Although it does not occur generally there have been a few examples where it has been seen that an agent is acting for an AFL club in a consultative capacity[12]. Thus as the player agents have the duty of negotiating a contract on behalf of the players they cannot let the negotiation be affected by the relationship they have with the clubs where they act as consultants. Specifically, their obligation in relation to consultancy for the clubs must not result in less favorable outcomes for the players in relation their contracts with the clubs. Where the agent acts as a consultant for one club and is negotiating a contract for a player with the same club it is obvious that the duty of undivided interest is being compromised with. Another conflict may also obviously arise where the player agent may persuade the player to transfer from one club to another club for which he works as an agent. Although the trans fer may be for the benefit of the player and for correct reasons there is an obvious situation of conflict of interest. The player agent also owe concurrent duties to all player clients in relation to the negotiation of player contracts. This is arguably the most important work which is undertaken by the agents in relation to the players. The players basic source of income is the playing contract they have with the club. When it comes to AFL all playing contacts are consists of standard term contract as provided through clause 18.1 of the CBA. As provided by Stephen et al., unless the player agent has obtained express consent from the player client he does not have the right to act for another player where there may be a chance for conflict of interest[13]. This does not mean that the agents do not have the right to act for more than one player. This simply signifies that the agent is not allowed to act for two players where the acting for both the players will prompt a conflict between the interests of one player with the interest of the other player. For instance this situation may take place where two players have authorized only one agent to deal with a club where only one of the players can take the desired position. Thus whether there is conflict of interest or not in this situation depends upon the circumstances of the multiple players and the agents. However as stated by Lord Cozens-Hardy in circumstances where a conflict of interest arises, it is the duty of the agents to decline from acting ins situation where the fiduciary duties may be violated[14]. The agent would be held to be in the breach of fiduciary duties where there is a clear conflict and no informed consent or prior agreement with the players whose interest may be in a conflict situation. There is no defense of not having a fraudulent intention in these circumstances which an agent may rely upon. The AFL is a not only a football league but also a serious business and source of income. The income which players earn from the league is the primary source of income for most players. Thus it is the right of the players to expect loyalty from those agents upon whom they have placed their trust and confidence and who owe them a duty of undivided loyalty. The players also have to right to expect that the agents would abide by such trust and duties by giving primary importance to the interest of the players. The players have to demand adherence to and be aware of the duties which is owed by their agents to them. Merely because the agents have received accreditation from the AFLPA, the players cannot ensure that they will not violate their duties owned to the players whether in a deliberate or innocent manner. It is the right of the players to at the very least get disclosure in relation to the activities in which the agents are indulging and which have the potential of undermining the ir personal interest and deviate from the duty of undivided loyalty which is owed by them to the players generally at law. There are requirements of disclosure which is imposed in by the AFLPA on the agents. However the degree to which AFLPA ensures and scrutinizes the adherence of the requirements by the agents has always been in question. The primary question however is what remedy the players can avail when the agents have violated the duty of undivided loyalty owed to the players by them. One of the possibilities is that of the court processes and other equitable requirements. The AFLPA may also use its powers to revoke the accreditation of the player agents. These possibilities have the potential of having significant ramification to the AFL industry and therefore require future examination. Bibliography AFLPA Regulations Governing Accredited Agents (Melbourne: AFL, 2005) cl 3 'Accreditation'. Beuch Petroleum 1VL 1, Kennedy (1999) 48 KSWLR I, Spigelman CJ, Sheller Stein JJA 46. Breen v Williams (1996) 1x6 CLR 71. Gummow J J 135; Commonwealth Bank of Australia v Smith(1991) 42 FCR 390, 392. Chan v Zacharia (1984) 154 CLR 178, Deane J 198-199 Hospilal Products Ltd v United States LSurgical Corporation (1 984) 156 CLR 4 1, Mason J 96-97. Le Grand 'Ron of All Trades Says He's No Saint' The Australian, 8 October 2001, 28. Lewis, Adam, and Jonathan Taylor. Sport: law and practice. Bloomsbury Professional, 2014 Moody v Cox and Hatt [I917] 2 Ch 71 New Zealand Netherlands Society 'Oranje ' Inc I. Kuys [I 973] 1 WLR 1 126, 1230- 1231. News Ltd v Australian Rugby Football League Ltd above n 3, Lockhart, von Doussa Sackville JJ 539. News Ltd v Australian Rugby v Football League Ltd (1996) 64 FCR 410, 538: 'Business relationships (leaving aside Partnerships) clearly can attract fiduciary obligations.' Ross, Stephen F., et al. "Sports and the Law: Text, Cases, and Problems, 5th." (2015). Shropshire, Kenneth L., Timothy Davis, and N. Jeremi Duru.The business of sports agents. University of Pennsylvania Press, 2016. Xiaoyong, T. A. N., and Sports Law Center. "Paths of Sports Autonomy in the Context of the Sports Governance by Law."Journal of Shanghai University of Sport1 (2016): 007.