Tuesday, November 26, 2019

What is Sarbanes-Oxley Act

What is Sarbanes-Oxley Act Free Online Research Papers Sarbanes-Oxley Act has been implemented since 2002. It main purpose was to regain the confidence in the capital market by forcing mandatory standards and rules for companies. This paper studies the reasons for the Sarbanes-Oxley Act and the positive and negative impact that Sarbanes-Oxley Act has placed on companies. Reason for SOX The reason for the Sarbanes-Oxley Act of 2002 came about because of Kenneth L. Lay, CEO of Enron Corp. Enron began in 1986 but originally was Houston Natural Gas a gas pipeline operator in 2001 Enron was the number one energy trader in the world. Enron direct competition was Duke Energy, El Paso, and Williams Companies to name a few. However, in 2002, Enron filed for bankruptcy and Lay was involved in one of the biggest accounting fraud crimes. Lay hide sales of the company’s shares and said that he was buying more shares (Henry, 2006). No one ever questioned Lays acts and never questioned or investigated the trading rules for someone trading within an organization. In that time, executives did not have to report their transactions with their companies the end of a company’s fiscal year and after 45 days and some times it they could take up to 12 months (2006). â€Å"Congress clamped down and directed the Securities Exchange Commission to require reporting of tra nsactions within two business days, effective Aug. 29, 2002. At the time, recalls then-SEC Chairman Harvey L. Pitt, regulators didnt even know companies were backdating options grants† (Henry, 2006, pg.38). As result of Enron’s scandal and public bankruptcy of such a well recognized corporation. Congress passed the Sarbanes-Oxley Act of 2002 known as the Sarbanes-Oxley Corporate Accountability Bill. The Sarbanes-Oxley Act requires for all public companies that have business in the United States must have an accounting framework (Nelson Staley, 2006). Sarbanes-Oxley Act of 2002, made it mandatory for all public companies to contain internal financial auditing controls and to present the results in annual assessment their internal financial auditing control efficiency. This must be reported to the Securities and Exchange Commission (SEC) in an annual basis. Also, the Sarbanes-Oxley Act of 2002 required for all public companies to have an external auditor and the external auditor would have audit and test on the company’s internal control reports of management and the company’s financial statement (Baker, Bealing Jr, Nelson Staley, 2006). Sarbanes-Oxley Act of 2002 The following provides an overview of the Sarbanes-Oxley Act in which public company are required to comply. Title I of the Act – established the Public Company Accounting Oversight Board (PCAOB). Title I which was given broad oversight over public accounting firms who perform audits of publicly traded companies. According the Public Company Accounting Oversight Board states, section 103(a)(1) of the Sarbanes-Oxley Act of 2002 that Board establishment and their responsibilities and to establish auditing standards and rules. In addition, this Board defines the ethics standards for the audit reports that registered accounting firms must prepare and submit (Baker, Bealing Jr, Nelson Staley, 2006). Title II of the Act – established the Auditor Independence which pro services. The Securities and Exchange Commission adopted amendments to its existing requirements regarding auditor independence to enhance the independence of accountants that audit and review financial statements and prepare attestation reports filed with the Commission. In addition, these rules and standards affect the foreign accounting firms that perform audits of foreign subsidiaries and affiliates of U.S. issuers, as well as of foreign private issuers. According to Baker, Bealing Jr, Nelson, Staley: Many of the modifications to the proposed rules, such as those limiting the scope of partner rotation and personnel subject to the cooling off period, have the added benefit of addressing particular concerns raised about the international implications of these requirements. Moreover, additional time is being afforded to foreign accounting firms with respect to compliance with rotation requirements. The release also provides guidance on the provision of non-audit services by foreign accounting firms, including the treatment of legal services and tax services (2006, p.5) Title III of the Act – established the Corporate Responsibility which imposed public company audit committees. It defined the corporate responsibility for financial reports. It defined the improper influence on conduct of audits. It clearly points the penalty of certain bonuses and profits. In addition, section 302 is one the most important sections of the SOX Act. Established the Corporate Responsibility for Financial Reports it demands for CEO and CFO to review all financial reports. The financial reports must not have any fabrication or faulty information. It also directs the responsibilities to the companies CEO and CFO for the internal accounting controls. The CEO and CFO have the obligation to report any leakage in internal accounting controls. In addition, CEO and CFO must report any management of the audit committee for fraud actions or participation. They must point out any internal accounting controls information modification. Title IV of the Act – Established Enhanced Financial Disclosure. Section 401 Disclosures in periodic reports conflict of interest provisions. Section 402 Enhanced conflict of interest provisions. Section 403 Disclosures of transactions involving management and principal stockholders. Section 404 is another most important section of the SOX Act of Title IV. Section 404 established Management Assessment of Internal Controls this demands for management that all annual financial repots must have an Internal Control Report stating that management is responsible for an â€Å"adequate† internal control structure. Any shortcomings in these controls must also be reported. In addition, registered external auditors must attest to the accuracy of the company management’s assertion that internal accounting controls are in place, operational, and effective. Sarbanes-Oxley Section 404 (SOX 404) requires a security management process to protect against attempted or successful u nauthorized access and use with system operations. Sarbanes-Oxley Section 404 also involves security management for disclosure, modification, or interference with system operations. Section 405 is defines the exemption to the TITLE IV. Section 406 is the Code of ethics for senior financial officers. Section 407 is the disclosure of audit committee financial experts. Section 408 is the enhanced review of periodic disclosures by issuers. Section 409 Real time Disclosures states that must disclose information on material changes in the financial conditions or operations of the issuer on a rapid and current basis. Section 409 is another most important section of the SOX Act of Title IV. However, section 409 is the only section that is not currently in effective. This section is Real Time Issuer Disclosures meaning companies are required to disclose on almost real-time basis information concerning material changes in its financial conditions or operations. Title V of the Act – established the Analyst Conflicts of Interest. Section 501 the treatment of securities analysis by registered securities associations. The national securities exchanges and registered securities associations must adopt conflict of interest rules for research analysis who recommend equities in research reports. Title VI of the Act – established the Commission Resources and Authority. Section 601 is the Authorization of appropriations. Section 602 is appearance and practice before the commission. Section 603 is Federal court authority to impose penny stock bars. Section 604 Qualifications of associated persons of brokers and dealers. Title VII of the Act – established the Studies and Reports. In section 701 is GAO study and report regarding consolidation of public accounting firms. Section 702 is commission study and report regarding credit rating agencies. Section 703 is the Study and report on violators and violations. Section 704 is the study of enforcement actions. Section 705 is the study of investment banks. Title VIII of the Act Corporate and Criminal Fraud accountability. In section 802 are criminal penalties for altering documents. Section 803 Debts non-dischargeable if incurred in violation of securities fraud laws. Section 804 is Statute of limitations for securities fraud. Section 805 is review of Federal Sentencing Guidelines for obstruction of justice and extensive criminal fraud. Section 806 is Protection for employees of publicly traded companies who provide evidence of fraud. Section 807 defines the criminal penalties for defrauding shareholders of publicly traded companies. Title IX –White-Collar Crime Penalty enhancements. Section 902 is the attempts and conspiracies to commit criminal fraud offenses this section is another of the most important section of the SOX Act. It states that any person who attempts or conspires to commit any offense under this chapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy. Section 903 states criminal penalties for mail and wire fraud. Section 904 is criminal penalties for violations of the Employee Retirement Income Security Act of 1974. Section 905 is the amendment to sentencing guidelines relation to certain white-collar offenses. Section 906 states it is corporate responsibility for financial reports. Title X of the Act – established the corporate tax returns. Section 1001 Sense for the Senate regarding the signing of corporate tax returns by chief executive officers. Title XI of the Act – established the corporate fraud and accountability. Section 1102 is the tampering with a record or otherwise impeding an official proceeding. Section 1103 is temporary freeze authority for the SEC. Section 1104 is the amendment to the Federal Sentencing Guidelines. Section 1105 Authority of the Commission to prohibit persons from serving as officers or directors. Section 1106 is increased criminal penalties under the Securities Exchange Act of 1934. Section 1107 protects whistler blowers section 1107 is the retaliation against informants. The Impact of Sarbanes-Oxley Act The Sarbanes-Oxley Act has applied positive effect to companies. The public companies are forced to compliance with the Act and ensure that their accounting operations are up to standards with SOA. However, private or non profit organizations are being exempt from this Act. â€Å"Still, many such entities are finding that certain aspects of the act can benefit their overall operations and are cherry-picking those parts that will do them the most good† (Savich, 2006, pg. 71). In addition, many private organizations are taking advantage of only select the sections of the Act that beneficial. Why would these private organization voluntary adopt SOA knowing how public companies struggle to comply with the SOA standards? One reason why private organization would want to comply with SOA standards is if the private organization is planning to merge with a public organization. Then they have advantage of preparing for the cost and sufficient time to prepare to meet those required for Sarbanes-Oxley Act. A second reason for an private organization to voluntary adopt SOA would be if the private company knows that is going to become public then they adopt the Sarbanes-Oxley Act since they know it will be mandatory (Savich, 2006). Another reason would be if a private company is forecasting a IPO within next years it would be benefit for them to start compliance with the Sarbanes-Oxley guidelines earlier than later to avoid any delay and expect cost (Savich, 2006). Even non-profit organizations are volunteering to comply with Sarbanes-Oxley provisions. â€Å"In California, for example, the Nonprofit Integrity Act of 2004 requires charitable organizations with over 2 million in gross revenues to have an audit committee, which also approves non-audit services, and audited financial statements† ( Savich, 2006 ). Private organizations are in position that they adopt the sections that they want with advantage of not having to spend excessive amounts of money to set up for an auditors assessments of internal controls. Instead, their company can intake the benefits of the Sarbanes-Oxley Act without incurring significant costs (Bednarz, 2006). Congress intended for the Sarbanes-Oxley Act to apply only public companies. But a national study by Foley Lardner LLP, showed that Sarbanes-Oxley Act took another path. It has been revealed that these private and nonprofit organization continue to adopt provisions of the act as best practices with out have obligation. The study concluded nonprofit organization was more impulsive to adopt the Sarbanes-Oxley standards, while private companies have been steadily adopting Sarbanes-Oxley standards but not as much as nonprofit organization. In addition Nonprofits organization are more likely to implement or plan to implement whistle-blower procedures, board approval of non-audit services by auditors and restrictions on executive compensation, among other changes. According to study findings of Foley Lardner LLP: Private companies tend to adopt the least expensive reforms, as opposed to more costly initiatives such as section 404 audits of internal controls. Some 84% of private organizations responding to the survey believed corporate governance reform was about right, an increase over the 78% who had responded that way in 2005. Survey respondents estimated an average annual price tag of $105,000 for corporate governance procedures, a 26% increase over their estimated costs before Congress Foley Lardner surveyed 56 private entities in January 2006-20 nonprofit organizations and 36 for-profit private companies enacted Sarbanes-Oxley (Savich, 2006) In another study named Voluntary Compliance survey conducted by CEO’s of â€Å"fast-growing† private companies. 27% said their companies had adopted Sarbanes-Oxley best practices in areas such as governance and transparency. 73% opposed any future federal or state regulations that would impose Sarbanes-Oxley provisions or entities other than public companies. 67% of those considering going public said the cost of Sarbanes-Oxley compliance was a potential barrier (Savieh, 2006) Many public companies are struggling to comply with the Sarbanes-Oxley because of the high costs and implementations complexity. Even larger companies like: General Electric, Lockheed, and Emerson Electronic are struggling to meet the Act standards. In meeting held in Washington, D.C. the Executives of these corporations emphasis the challenges they face to comply with Sarbanes-Oxley Act. (Bednarz, 2006) Executives stated, that cost for comply with Sarbanes-Oxley does compensate for benefits of having Sarbanes-Oxley. The cost for implementing software that complies with Sarbanes-Oxley Act is very expensive. This is affecting smaller public companies that do not have the funds to implement these softwares. According to Robilliard, In the recent study of IT managers in the US, the Aberdeen Group found that most companies plan to leverage their existing software tools to fill any gaps to comply with the Act, (Ismail, 2005, p 4). Critics of regulation argue that the Sarbanes-Oxley Act has raised the cost of being a public company so much that it is unreasonable to impose this burden on smaller public companies. The critics main concern is Section 404, which deals with internal control audits. These critics assert that the high cost of being a smaller public company will stifle economic growth and ultimately hurt U.S. competitiveness (Hermanson, 2006). According to Hermanson, For honest corporate officers, this is classic governmental over-regulation-a dagger aimed at the heart of the U.S. economy. . . . The most dangerous aspect of this regulatory overkill is a further inclination by corporations to hold onto money rather than put it into productive investment, thereby threatening to stifle economic growth. Even the SECs advisory committee concluded, after hearing testimony from various parties, that Section 404 is a burden for smaller public companies. In an August 18, 2005, letter to SEC Chairman Cox, The committee stated, The costs of implementing Section 404 have been far more expensive than originally forecasted and these costs are disproportionately larger for smaller companies. (200 According CPA Journal survey by Financial Executives International reported that small companies are projected to spend $824,000 in order to comply with Sarbanes-Oxley Act. In addition, the average cost for all companies is $4.3 million estimates. However, public companies are estimated to spend $6.1 billion in order to implement Sarbanes-Oxley Act (Koehn DelVecchio). The Sarbanes-Oxley Act and the Security Exchange Committee rules can impact internal auditors in numerous ways. One way is internal auditors probably will be asked to expand their internal control evaluation and testing work in order to provide assurance to upper management when they attest to the relative strength of their internal control system (Aldhizer III, Cashell Savlyor, 2003). Pricewaterhouse Coopers in a discussion document stated, that good internal controls are no longer just a best practice, but are now reinforced in the Sarbanes-Oxley Act as a critical component of good corporate governance (Aldhizer III, Cashell Savlyor, 2003). Upper management and the audit committee are depending on internal auditors to help them comprehend difficult financial reporting issues and their impact on the quarterly and annual report (Aldhizer III, Cashell Savlyor, 2003). If the Sarbanes-Oxley Act increase internal auditors responsibilities companies take the risk of this having an impact on the current level of services provided by internal auditors. Many organizations may be unwilling to increase internal audit resources to the level required to completely fulfill both existing and new responsibilities. If this occurs, internal audit departments will have to decide either which services to cut or how to continue providing the same level of service with fewer resources (Aldhizer III, Cashell Savlyor, 2003). Audit fees are arise because of the need to present more in depth audit work in order to gain the necessary information and the loss of income from higher-margin consulting work are affect the higher costs. Eventually, it will affect the relatively few companies that were involved in the accounting frauds, but all companies and consumers (Gifford Howe, 2004). According to a recent Financial Executives International (FEI) survey conducted, it reported that the first-year compliance costs ranging from $2 million to $5 million. (Gifford Howe, 2004) consulting firm The Johnsson Group has estimated total 2004 costs to run upwards of $15 billion, with many large companies seeing thousands of hours diverted from staff support and research activities to compliance work. Many of the smaller companies are affected by this because they do not have money to obtain staff support and necessary requirements. Another provision that may notably increase audit fees relies in the Sarbanes-Oxley Acts to far-reach authority. The act affects any firm that audits a publicly traded U.S. company (Gifford Howe, 2004)). For example, any foreign subsidiaries or affiliates of public accounting firms may conclude that they do not want be involved with a clients operations in its native country because of U.S. regulations. Therefore, U.S. firms would have to conduct the audit for client’s foreign subsidiaries, at the client’s expense. This sufficiently require more time and cost. â€Å"In addition, the move by U.S. regulators to review the work of foreign accounting firms could prompt retaliation by other countries in the form of reviewing the work of U.S. firms that audit U.S. subsidiaries of foreign multinationals† (Gifford Howe, 2004, p. 7) Another reason for fees to arise can the fact that auditor have the obligation to include in the audit report the effectiveness of internal controls over financial reporting and managements assessment of it (Gifford Howe, 2004). Although Sarbanes-Oxley Act is not intended for increase of charge fees be based on the auditors evaluation be the basis given the increased political costs and potential legal liability associated with such an assertion, audit firms and management will probably need to spend significantly more time evaluating controls, particularly for engagements or audit areas with low reliance on controls (Gifford Howe, 2004). The expectation that audit firms would accept additional risk without doing additional work, and that they would perform the additional work without increased compensation. Conclusion The Sarbanes-Oxley act has provided negative and positive impacts to companies regardless of the size of the company. However, small companies are definitely being more deeply affected by the Sarbanes-Oxley Act in their pockets. The positive impact of compiling with Sarbanes-Oxley Act has provided standards and rules for organization that needed them. Even though Sarbanes-Oxley Act is not mandatory for private and non-profit organizations many are adopt Sarbanes-Oxley Act because of its positive benefits to the organization. Reference Aldhizer, G.R., III, Cashell, J.D., Saylor, J. D. (2003) Ten months later: Internal audit directors assess the impact of the Sarbanes-Oxley Act. Internal Auditing, 18(3), 3. Baker, R. L., Bealing, W. E., Jr., Nelson, D. A., Staley, B. A. (2006). An institutional perspective of the Sarbanes-Oxley Act. Emerald. Retrieved from May 15, 2006, from emeraldinsight.com/0268-6902.htm Bednarz, Ann. (2006, May 15). Sarbanes-Oxley: Too much for too little? Network World, 23(19) 1-2. Gifford, R. H., Howe, H. (2004). Regulation and unintended sequences: Thoughts on Sarbanes-Oxley. The CPA Journal, 74(6), 6-10. Hermanson, D. R. (2006). What to do about smaller public companies’ internal controls? Internal Auditing, 21(1), 41-43. Henry, D. (2006, June 12). A SarbOx Surprise. Business Week. Retrieved May 22, 2006, from http://0-proquest.umi.com.novacat.nova.edu/pqdweb?did=1051235551sid=1Fmt=3clientId=17038RQT=309VName=PQD Ismail, I. (2005, April 7). Raising awareness of Sarbanes-Oxley Act. New Straits Times, pp.04. Koehn, J. L., DelVecchio, S. C. (2006). Revisiting the ripple effects of the Sarbanes-Oxley Act. The CPA Journal,76(5),3. Savich, R. S. (2006). Cherry-Picking Sarbanes-Oxley. Journal of Accountancy, 201(6), 71-74). 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Friday, November 22, 2019

First or Second Conditional Explained

First or Second Conditional Explained The first and second conditional in English refer to a present or future situation. Generally, the difference between the two forms depends on whether a person believes that a situation is possible or unlikely. Often, the condition or imagined situation is ridiculous or clearly impossible, and in this case, the choice between first or second conditional is easy: We choose the second conditional. Example: Tom currently is a full-time student.If Tom had a full-time job, hed probably work in computer graphics. In this case, Tom is a full-time student so it is obvious that he does NOT have a full-time job. He might have a part-time job, but his studies demand that he concentrates on learning. First or second conditional? Second conditional because it is clearly impossible. In other cases, we speak about a condition that clearly possible, and in this case, choosing between the first or second conditional is easy again: We choose the first conditional. Example: Janice is coming to visit for a week in July.If the weather is good, well go for a hike in the park. Weather is very unpredictable, but its quite possible that the weather will be good in July. First or second conditional? First conditional because the situation is possible. First or Second Conditional Based on Opinion The choice between first or second conditional is often not so clear. Sometimes, we choose the first or second conditional based on our opinion of a situation. In other words, if we feel something or someone can do something, then well choose the first conditional because believe it is a real possibility. Examples: If she studies a lot, she will pass the exam.They will go on holiday if they have the time. On the other hand, if we feel that a situation is not very possible or that a situation is improbable we choose the second conditional. Examples: If she studied harder, she would pass the test.They would go away for a week  if they had the time. Here is another way of looking at this decision. Read the sentences with the speakers unspoken thought expressed in the parentheses. This opinion shows how the speaker decided between the first or second conditional. If she studies a lot, she will pass the exam. (Janes a good student.)If he worked harder, he would pass the exam. (John doesnt take school seriously.)Tom will take some time off next week if his boss says its OK. (Toms boss is a nice guy.)Frank would take some time off next month  if he could get an OK from his supervisor. (Unfortunately, his supervisor isnt very nice and theres a lot of work to be done next month.) As you can see from the examples above, the choice between the first or second conditional can express someones opinion about the situation. Remember that the first conditional is often called the real conditional, whereas the second conditional is often referred to as the unreal conditional. In other words, the real or conditional expresses something the speaker believes could happen, and the unreal or second conditional expresses something that the speaker doesnt believe could happen. Conditional Form Practice and Review To improve your understanding of conditionals, this conditional forms page reviews each of the four forms in detail. To practice conditional form structure, this real and unreal conditional form worksheet provides a quick review and practice exercises, the past conditional worksheet focuses on using the form in the past. Teachers can use this guide on how to teach conditionals  to introduce and practice the first and second conditional forms in class.

Thursday, November 21, 2019

Islam Religion Field Research Paper Example | Topics and Well Written Essays - 1750 words

Islam Religion Field - Research Paper Example It is partially due to the very reality that faith in the Supreme Being is in the basic human instinct, which could not be denied or ignored altogether. â€Å"The critical difference between a religious and non-religious person is the acceptance of the transcendent, or otherworldliness, as the first reality. The transcendent provides a vehicle for meaning outside life itself and because, to the religious person, it has ontological primacy over the material world it provides a solid grounding.† (Prevos, 2005:3) Hence, religion gives meaning to human life, by making people oriented with the morality, ethics, values and systematic patterns of acting, reacting and behaving while entering into interaction with the social and natural environment. Thousands of religious belief systems exist on the face of the mother-earth, which maintain several similarities and differences from one another in nature, scope and teachings. In the long list of countless beliefs, Abrahamic faiths, inclu ding Judaism, Christianity and Islam, are quite distinguishing ones from the rest, and seek inspiration from one and the same light. Not only this that the Holy Scriptures of these three faiths narrate the same tales, but also all the three share one and the same mythology including the Oneness of God, existence of the holy prophets, angels, heaven and hell, Day of Resurrection and life after death., and reward and punishment on the concrete foundations of the deeds and misdeeds performed and committed respectively during their stay on earth as mortals. Although the Abrahamic religions are similar to one another in different ways, the followers of these faiths abhor each other and observe serious reservations on the basis of the misconceptions they have developed for one another without conducting any in-depth research on the philosophy and doctrine of purported rival faiths. It is therefore all the three Abrahamic faiths appear to be at daggers drawn against one another, where slig htest space of displaying tolerance towards one another has turned out to be a dream particularly during the contemporary times. The same was the situation with me, as being the true follower of the Christian faith, I viewed Islam as the religion consisted of extremists and fundamentalists, which condemned and censured people’s mixing up with the Jews and Christians as well as developing cordial social and corporate relationships with them at any cost. I also view the Muslims as hard-hearted nation, which looks down upon the others by declaring them pagans, atheists and infidels. Keeping in mind all these reservations, I decided to attend a religious gathering arranged and organized by the Muslims for some spiritual and moral purpose, so that I could have personal experience of the teachings and behavior adopted and observed by the Muslims. Though I had developed the very idea that interviewing some religious person at an Islamic center might bring some alteration in my estab lished onion about the Muslims, yet attending of the gathering brought revolutionary changes in my views about the community I had maintained serious reservations in past, and I returned from there carrying new image about Islam and Muslims at large. Last week I visited a mosque, situated in my city during the month of Ramadan, the ninth month according to the Islamic calendar. The month is reserved for fasting, and the Muslims keep fast the entire month from dawn to the sunset. However, the Shiite Muslims break their fast after ten minutes of sunset, as they argue that the sunset completes after seven to ten minutes of the apparent disappearance of the sun. Somehow,

Tuesday, November 19, 2019

Medical Marijuana Essay Example | Topics and Well Written Essays - 750 words - 2

Medical Marijuana - Essay Example I, therefore, agree with the medical findings on the use of marijuana for medical reasons and the benefits of medical marijuana. The use and legalization of marijuana have led to controversies in the society. These controversies consist of opposing views on medical marijuana; there are those who are in support of its use and legalization and those who are against its use and believe its use should be banned. According to studies done thoroughly by the medical research and studies, the use of marijuana does show positive signs of relief when used in the treatment of various medical illnesses. Diseases such as arthritis, depression, HIV, cancer and other chronic conditions affect a huge percentage of the society’s population today. With no treatment at all or few treatment and cures for these medical conditions, the use of medical marijuana has been a good alternative to alleviate the suffering faced by these people having these illnesses. Marijuana content contains ingredient referred to as tetrahydrocannabinol (THC) which is active. After smoking marijuana, this ingredient gives the individual a  "high† feeling. According to the American Cancer Society, the active ingredient in marijuana helps in reducing pain and other cancer symptoms. With these concrete research report, the FDA has agreed on the use of tetrahydrocannabinol in marijuana for therapeutic and medical purposes (Anderson, Hansen, & Rees, 2012). Despite the fact marijuana, use for medical reasons may have positive effects on some medical illnesses and conditions; on the other hand, it also has its negative effects. Most of the population in the society knows that marijuana is an illegal drug. Approximately seventy-eight percent of marijuana users in the society smoke marijuana for recreational purposes as well as personal enjoyment. For this purpose, this drug is made illegal in most countries. The law

Sunday, November 17, 2019

The Cinema Essay Example for Free

The Cinema Essay The movies that are being compared here are made at two different periods of time and for audience of distinct mentality. Movies are made keeping in mind the taste of audience because it is totally show business. But here two movies, one of which was made almost more than 50 years before the other are somewhat similar. The base of â€Å"Singin’ in The Rain†, made in 1952 is same as â€Å" Linda Linda Linda† which was released in 2005. Both the films are musical blockbusters and were liked by the audience at the time of release and afterwards too. If we compare both these movies we will see that the plot of old ovie is not typical and lots of Hollywood movies has been made on this plot but â€Å"Singin’ in The Rain† is remembered today because it took the cinema from silent era to talkies. Its music is being admired till date and is considered as a movie with great combination of action and humor. The film is a total entertainer with almost everything being expected from a movie. â€Å"Linda Linda Linda† came out in 2005 targeting a different audience that was young and in the modern era. The taste of this audience was completely different from that of 1950s ut this movie also proved to be successful and the base here was once again music and dance. The story of course is admirable here and the film is entertaining and technically competent. There are four girls who want to create their own rock band for the upcoming function of their school. Plot of the movie revolves round the experiences of these girls to find a singer and everything needed to make a band. Their ultimate challenge became to play a single song for the function. The movie of the 1950’s was focusing on the music of that period and that of 2005 represents the music of this era.

Thursday, November 14, 2019

A critical review of the major opposing views on arbitration & industri

This paper will critically review the major opposing perspectives on arbitration and industrial relations, with particular attention to how government regulation and intervention relate to the changes made to the system after 1996. The major focus of this brief paper will be to demonstrate that Howard’s industrial relations policies resemble those of the late 1800’s, where the Master and Servant Act’s regulated the relationships between employer and employee. These were replaced with the introduction of the Commonwealth Court of Conciliation and Arbitration (1904-1921). The outcome from such dramatic change in industrial relations was the forming of unions and major strikes. Subsequently, the new system of employer and employee relations sought to resolve labour disputes and enhance the quality of life for Australian workers. Moreover it was steeped in social democratic ideals and worked to give every Australian a decent standard of living. These ideals have yet shifted back to the individual contract model where the market predetermines wages and working conditions. During pre-federation when free labour came to dominate the colonies; workers exercised their civil citizenship rights through entry into individual employment contracts. The master and servant laws which empowered these individual contracts were imported from Britain and were quickly implemented and regulated in the Colonies. Isaac argues that ‘the master and servant acts †¦ both in concept and practice reflected the harsh penal code used against the convicts’. However, the latter part of the 1800’s brought with it the rising political influence of the working classes and an increasingly powerful trade union. The modification of the master and servant laws through the collectivisation of union groups resulted in a greater role fir state interventions. The 1890’s saw the emergence of many disputes over working conditions and the power employers had over employees, which was legitimised by law. Australian workers were illustrating this through strikes and the formation of unions. In recognising the duty of government to be the protection and economic welfare of its citizens, a court of Conciliation and Arbitration was established in Australia in the 1890’s. The new systems were based in social democratic ideals and worked to give ever... ...ts to replace the idea of "industrial relations" with that of "employee relations" reflect efforts to draw attention away from institutions like tribunals and unions, towards individuals and their direct relationships. Bibliography Bolton, G., (1990) The Oxford History of Australia, vol.5, '1942-1988: The Middle Way', Oxford University Press, Melbourne. Isaac, J., (1998) Australian Labour Market Issues: An Historical Perspective, Journal of Industrial Relations, vol. 40, no. 4, pp. 690-15 MacIntyre, P.G., (1985) A Fair Wage in Winners and Losers: The Pursuit of Social Justice in Australian History, Allen and Unwin: Sydney McCallum, R., (1996) The New Millennium and The Higgins Heritage: Industrial Relations in the 21st Century, Journal of Industrial Relations, vol. 38, no. 2, pp.294-312. Parkin, A., Summers, J., & Woodward, D., (1980) Government, Politics and Power in Australia: an Introductory Reader, Melbourne, Victoria. : Longman Cheshire, pp. 372-74 Schmitthoff, C. (1990) Export Trade: The Law and Practice of International Trade: 9th Edition. London: Sweet & Maxwell Solomon, D., (1999) End of the Era of Arbitration, Courier Mail 27th March.

Tuesday, November 12, 2019

Proposal for Fashion Industry Essay

Age: The consumer club of Espire company would like to know how customer spend their money every day. Many customers complain that they do not have enough money at the end of the month. The purpose of this questionnaire is to find out the inequity of our customer. It will determine where they go to shopping, How much they spend on items they buy, is the product is affordable and etc. The data will be kept confidential. Please return completed questionnaire to your introduce or put it in the envelope in front of room g15. Indicate your feeling about the following items by ticking ( / ) on the appropriate line. 1. What is your work status? Student Working Self-employed 0thers, please specify __________ 2.What is your annual spending on designer and fashion accessories in a year? Less than RM100 RM100-RM400 RM401-RM900 RM901-RM1500 More than RM1500 3.Do you think our products are affordable to buy? Yes No 4. How important are the following features of a shopping experience to you? Important Unimportant Price On-Trend Brand Convenient Location Store Atmosphere Product Quality 5. Please indicate your level of agreement with the following statement. Agree Disagree Espire has low prices Espire has a contemporary image Espire has a well known brand name Espire has a convenient location Espire produces high quality products Espire is a trendsetter Thank you for your cooperation ESPIRE COMPANY QUESTIONNAIRE Â  Name: Gender:Â  Age: The consumer club of Espire company would like to know how customer react on usage of real animal fur .Many customers complain that they don’t encourage the usage of real animal fur in our daily life. Meanwhile the others prefer to use real animal fur in our daily life.The purpose of this questionnaire is to find out which type of society is majority in this world. It will determine what type of material they use , what items they buy, is the product is worth it and etc. The data will be kept confidential. Please return completed questionnaire to your introduce or put it in the envelope in front of room g15. Indicate your feeling about the following items by ticking ( / ) on the appropriate line. Yes No 1. I do not use clothes and accessories made from real animal fur. 2. I change my clothes made from real animal fur regularly. 3. Clothes and accessories made from Real animal fur is popular among Teenagers and adults. 4. Where do you get information about products made from real animal fur? friend magazine tv/radio the internet newspaper other, please specify _________________ 5. Please rank the following criteria you use in materials used in fashion industry (1- Most preferred to 5 –lease preferred) real animal fur cotton pvc price brand name

Saturday, November 9, 2019

Osmosis: Concentration

OSMOSIS and TONICITY IN POTATO STRIPS The purpose of this experiment was to make observations and conclusions about the ability of cells to adjust to varying chemical concentrations in the environment and to observe the effect of isotonic, hypotonic and hypertonic solutions on cells. Hypothesis If a solution is Hypotonic, then water will move from the beaker into the potato because water outside the cell will be in higher concentration than water inside the cell. If a solution is Hypertonic, then the solution will move into the cell from the beaker and water will move out of the cell into the water because of a difference in concentration. If a solution is isotonic, then the cells will remain the same because the solution concentration is the same as in the cell. Materials Fresh potato, knife or scalpel, three test tubes, test tube rack, dropper pipette, paper towels, electronic balance, timer, three provided solutions labeled A, B, and C. Procedure Obtain three test tubes and a test tube rack. Label the test tubes A, B, C using a wax pencil. Cut three French fry type strips of potato 7cm in length, no thicker than 5mm. Pat each potato with a paper towel. Measure the initial mass of each strip and record it before putting each in a test tube. Use a dropper pipette to cover the potato strip in test tube A with solution A, the potato strip in test tube B with solution B, and the potato strip in tube C with solution C. Place the tubes in a test tube rack and wait one hour. Remove the strips from the test tubes after one hour and pat dry with a paper towel. Measure the final mass of each strip and record it. 10. Examine each potato strip and observe any changes in texture. Results In Solution A, the potato slice in the water did not change, indicating the solution contained an equal amount of concentration. In Solution B, the potato slice in the water is larger, indicating that more molecules went into the potato than came out, because there was a higher concentration of water outside the potato. The potato slice from Solution C is much smaller indicating that more water molecules came out of the potato than went in because there was a higher concentration of water inside the potato. Conclusion In conclusion, the hypothesis was found to be correct. Solution A was Isotonic because the final mass of the potato slice was 2. 9 as opposed to 2. 8 at initial mass, which basically stayed the same. Solution B was Hypotonic because the initial mass for the potato slice was 3. 3 then expanded and weighed 3. 6 at final mass. Solution C was Hypertonic because the potato slice lost water and became much smaller in which the initial mass was 2. 8 and the final mass weighed in at 2. 2. In all three solutions, water is moving across the membrane to establish equilibrium. Based on the Diffusion-Osmosis Review on page 26, and not knowing the definite solution in each tube I am going to conclude that there was Saline in Solution A 0. 9% Sodium Chloride which makes cells neutral. In Solution B, therewas a small percentage of salt predicting . 9%. In Solution C, salt was higher than . 9%. All had salt in the tubes but different tonicity. The water could go in or out of the potato to equalize the concentration of salt in the solution. Based on this experiment and using this in real life, it taught me that when mixing the intravenous fluid for a patient to make sure only 0. 9 percent of salt is added in order for the saline to be isotonic to the red blood cells. If not, the red blood cells will expand and complications will arise.

Thursday, November 7, 2019

The Case for Euthanasia Should PhysicianAssisted Suicide be Legalized essays

The Case for Euthanasia Should PhysicianAssisted Suicide be Legalized essays The Case for Euthanasia: Should Physician-Assisted Suicide be Legalized? Throughout the twentieth century, major scientific and medical advances have greatly enhanced the life expectancy of the average person. However, there are many instances where doctors can preserve life artificially. In these cases where the patient suffers from a terminal disease or remains in a "persistent vegetative state" or PVS from which they cannot voice their wishes for continuation or termination of life, the question becomes whether or not the patient has the freedom to choose whether or not to prolong their life even though it may consist of pain and suffering. In answer to this question, proponents of physician-assisted suicide, most notably, Dr. Jack Kevorkian, are of the opinion that not only should patients be able to abstain from treatment, but if they have a terminal and/or extremely painful condition, they should be able to seek out the assistance of a doctor in order to expedite their death with as little pain as possible. Contained herein are the arguments for and against the legalization of doctor-assisted suicide, as well as where the state courts stand in respect to this most delicate of issues. In the hopes of clarification, we must first distinguish between active and passive euthanasia. Passive euthanasia involves the patient's refusal of medical assistance. It involves the right to die which is protected by the United States Constitution clauses of due process liberty and the right to privacy (Fourteenth Amendment). The right to doctor-assisted suicide, or active euthanasia, consists of, "...a patient's right to authorize a physician to perform an act that intentionally results in the patient's death, without the physician's being held civilly or criminally liable for having caused the death" . The "passive" form of euthanasia was first deemed legal by the New Jersey State Supreme Court in 1976 In re Quinlan . ...

Tuesday, November 5, 2019

Definition and Examples of Doublespeak

Definition and Examples of Doublespeak Doublespeak is  language  thats intended to deceive or confuse people. The words used in doublespeak can often be understood in more than one way.   Doublespeak in English Doublespeak may take the form of  euphemisms, unsupported generalizations, or deliberate  ambiguity. Contrast with  plain English. William Lutz has defined  doublespeak  as language which pretends to  communicate  but doesnt.The word  doublespeak  is a  neologism  based on the  compounds  Newspeak  and  Doublethink  in George Orwells novel  1984  (1949), though Orwell himself never used the term. Examples and Observations of Doublespeak Political language . . . is designed to make lies sound truthful and murder respectable, and to give an appearance of solidity to pure wind. (George Orwell, Politics and the English Language, 1946)Employing Orwellian doublespeak, the Texas Department of Agriculture issued a press release that simultaneously touted its efforts to combat  child  obesity while also  lifting a decade-old ban  on deep fat fryers in public schools. Because nothing slims a child’s waist faster than a helping of French fries. (Mark Bittman, What We’re Reading Now.  The New York Times, June 25, 2015) William Lutz on Doublespeak Doublespeak  is  language  which pretends to communicate but doesnt. It is  language  which makes the bad seem good, the negative seem positive, the unpleasant seem unattractive, or at least tolerable. It is  language  which avoids, shifts or denies responsibility; language which is at variance with its real or purported meaning. It is  language  which conceals or prevents thought. Doublespeak is all around us. We are asked to check our packages at the desk for our convenience when its not for our convenience at all but for someone elses convenience. We see advertisements for preowned, experienced or previously distinguished cars, not used cars and for genuine imitation leather, virgin vinyl or real counterfeit diamonds. (William Lutz, Doubts About Doublespeak.  State Government News, July 1993) With  doublespeak, banks dont have bad loans or bad debts; they have nonperforming assets or nonperforming credits which are rolled over or rescheduled.(William Lutz,  The New Doublespeak. HarperCollins, 1996)War and PeaceI reminded [the soldiers] and their families that the war in Iraq is really about peace.(President George W. Bush, April 2003) A Dehumanizing Language A  dehumanising  system requires a  dehumanising  language. So familiar and pervasive has this language become that it has soaked almost unnoticed into our lives. Those who do have jobs are also described by the function they deliver to capital. These days they are widely known as human resources. The living world is discussed in similar terms. Nature is natural capital. Ecological processes are ecosystem services, because their only purpose is to serve us. Hills, forests and rivers are described  in government reports  as green infrastructure.  Wildlife and habitats are asset classes  in an ecosystems market. . . . Those who kill for a living employ similar terms. Israeli military commanders described the massacre of 2,100 Palestinians, most of whom were civilians (including 500 children), in Gaza this summer as mowing the lawn. . . . The army has developed a technique it calls  Shake ‘n Bake: flush people out with phosphorus, then kill them with high explosives. Shake ‘n Bake is a product made by Kraft Foods for coating meat with breadcrumbs before cooking it. Terms such as these are designed to replace mental images of death and mutilation with images of something else. (George Monbiot, Cleansing the Stock’ and Other Ways Governments Talk About Human Beings.  The Guardian  [UK], October 21, 2014) Poker-Table Communication During the weeks of negotiations, the usual intercourse of policy deliberation . . . was interrupted. It was replaced by poker-table communication: Instead of saying what they wanted, Europe’s leaders engaged in  doublespeak, saying things publicly to strengthen their negotiating position in Brussels, even if those things were often at odds with their actual intent and thoughts. (Anna Sauerbrey, European Political Poker.  The New York Times, August 9, 2015) Fashionable Doublespeak [Umbro designer David] Blanch has employed an impressive amount of  doublespeak  to talk up the technological wizardry of his design. The shirts boast intelligent ventilation points, which look very much like arm holes to you and me. It incorporates tailored shoulder darts specifically designed to accommodate the biodynamics of the shoulder. Its hard to tell from the official pictures, but this ever-so-clever touch appears to be a seam. (Helen Pidd, New All-White England Kit.  The Guardian, March 29, 2009) President Harry Trumans Secretary of Semantics I have appointed a Secretary of  Semanticsa most important post. He is to furnish me with forty to fifty dollar words. Tell me how to say yes and no in the same sentence without a contradiction. He is to tell me the combination of words that will put me against inflation in San Francisco and for it in New York. He is to show me how to keep silentand say everything. You can very well see how he can save me an immense amount of worry. (President Harry S Truman, December 1947. Quoted by Paul Dickson in  Words From the White House. Walker Company, 2013) Resisting Doublespeak What can the average  receiver  do about  doublespeak  and related scams, swindles, and deceptions, and what should the average persuader/advertiser/blogger and so on do to avoid engaging in it? The  Doublespeak Homepage  recommends asking the following questions about any piece of  persuasion  being received or planned:  1. Who is speaking to whom?  2. Under what conditions?  3. Under what circumstances?  4. With what intent?  5. With what results?If you cannot answer  all  these questions with ease, or if you feel uncomfortable with the answers, or if you cannot determine any answer to them, you are probably dealing with doublespeak. You had better be prepared to delve deeper, or if you are sending the message, youd better think about cleaning it up a bit. (Charles U. Larson,  Persuasion: Reception and Responsibility, 12th ed. Wadsworth, 2010)      See Examples and Observations below.  Also  see: Pronunciation:  DUB-bel SPEK Also Known  As:  double talk ApoplanesisBureaucrateseA Dictionary of Phony PhrasesGeorge Carlins Essential DrivelGeorge Orwells Rules for WritersGibberish  and  GobbledygookLexical AmbiguityMystification  and  SkotisonSoft LanguageSoggy Sweats Whiskey SpeechUnder the Flapdoodle Tree: Doublespeak, Soft Language, and GobbledygookVaguenessWhat Are Weasel Words?Why Youll Never Be Told, Youre Fired

Sunday, November 3, 2019

How convincing is Porters model of national competitive advantage in Essay - 15

How convincing is Porters model of national competitive advantage in explaining the characteristics and performance of the business systems of major economies - Essay Example For this reason, the model suggests that the nationhood of a homemade industry has a significant role in making the business venture achieve its advantage globally. The value of the nationhood to the industry is responsible for the development of the primary factors that enhances the support for the organizations in achieving the advantages available in the global completion (Pejko, 2014). Porter noted that there are four determinants of reaching the national competitive advantage. The four determinants, however, operate under the influence of the country of operation added with the competitive strengths of the firms. In this instance, Porter presents an argument that states that the competitive industries may take the form of unique clusters of the nation based firms (Rowe, 2009). Clusters have some correlations with the customers, technology, skills, the distribution channels and many more. The availability of these clusters will make the nations come up with business systems that also will lead to the competitive advantage and the realization of the economic success as a whole. An example, in this case, is the Japans automobile industry and the US semiconductor industry. The two industries have the linkage to the Porters diamond model in their operation that in this instance assists them in the creation of the unique business systems and the competitive advantages over other industries. Factor condition defines a nation’s position on the factors of production that is useful for competition through a given field of industry of operation such as the case of the skilled labour or infrastructure. Consequentially, the national factors enhance the provision of the pre advantages for the nation. As a result, each nation has a certain factor condition that, in this case, makes it favourable for the growth and the development of business systems and industries (Tallman, 2009). For instance,