Wednesday, July 31, 2019

Schindlers List

â€Å"Attitude is a little thing that makes a big difference† Winston Churchill. This relates to the film Schindlers List as the main character Oskar Schindler has a major change in attitude towards the Jewish people. At the beginning of the film Schindler is introduced as a selfish man looking to exploit the Jews as workers. While he witnesses the liquidation of the Ghettos Schindler’s personality soon changes as he releases he can make a difference. This is shown using specific shots and lighting techniques.Through the use of hand-held cameras and camera shots used during the invasion of the Krakow Ghettos the chaos and fear makes an impact on the viewer. Hand-held cameras were used in amongst the crowds of Jews and Nazi soldiers to give the viewer an experience of what these people went through during this terrible time. The hand-held was used when we see an old lady walking in an alley when we see Nazi troops approaching. High angle shots are used to make the Jews l ook small and powerless during this scene. Whereas low angle shots are used to make the Nazi officials look powerful.The camera techniques help to make an impact on the viewer during this scene. Schindlers change was shown through the effects of colour and lighting techniques. Lighting was used to reveal Schindlers change. Lighting was used when we see that his face is shown fully lit whereas in the beginning of the film his face is only half lit to show that he was a selfish man. Colour was used to show how important a particular part of the scene was. This was shown when we see a little girl in red walking around the crowds of Jews being killed, while there is a children’s choir singing in the background.This scene had made Schindler finally realise what the Nazis were doing to the Jews was wrong. This shows that Schindler went through a change in attitude as he realises what the Jews have had to go through. The use of sound and music were used during the invasion when the Jews are in hiding. Sound was used amongst the people as it had been silent and one sudden move there is a. The sound was used to make the The uses of visual techniques during the liquidation were to show the change that Schindler had gone through after witnessing the events of the iquidation. The importance of this scene was to show the difference of Schindler from how he was in the beginning of the film to what he had been changed into at the end. The liquidation also gave us a sight on the importance of how Schindler had used specific techniques to show his face being fully lit. As Edward Evenetthale once said â€Å"I am only one, but I am one. I cannot do everything, but I can do something and I will not let what I cannot do interfere with what I can do. †

Tuesday, July 30, 2019

Fame and Celebrities: The Relation

I think Steve Jobs is a great example of someone who has fame but is not a celebrity. In the essay Epstein asserts how fame is something one earns through achievements and talents while celebrity does not require talent or achievement at all. Epstein uses Ted Williams as an example of fame because † he wished to be famous but had no interest in being a celebrity. † Ted Williams wanted to be known for being â€Å"the greatest pure hitter who ever lived,† he cared more about how he performed on the field rather than signing autographs and making himself look good to others.Although not as famous as a baseball player, Just like Ted Williams a great example of someone who has fame Is Steve Jobs. Mostly everyone knows Steve Jobs as the Apple guy and for the great products he has made, these products not only has gave him success but also gave him fame. Unlike most people who are famous Steve Jobs is not a celebrity, he became famous for his Innovative Intelligence in cr eating computers and gadgets that most people In today's society need.Steve was not In It to be a celebrity, Just Like Ted Williams, he wanted to be known for his reactions and for his achievements, he focused more Into making each product a little better than the previous to please his consumers rather than making them to be known for it. I think It Is Important to recognize or seek fame rather than seek being a celebrity because as said by Epstein, fame Is earned for achieving something or being highly talented at something one does. While you can be a celebrity for doing nothing, for example being passed down by generation Like If your parents are celebrates you are more likely to be a celebrity.People should care more for people who are talented and achieve something rather than worship someone for being rich Just Like most celebrities out there. Fame and Celebrities: The Relation By habiting example of someone who has fame is Steve Jobs. Mostly everyone knows Steve Jobs has gav e him success but also gave him fame. Unlike most people who are famous Steve Jobs is not a celebrity, he became famous for his innovative intelligence in creating computers and gadgets that most people in today's society need.Steve was not in it to be a celebrity, Just like Ted Williams, he wanted to be known for his creations and for his achievements, he focused more into making each product a I think it is important to recognize or seek fame rather than seek being a celebrity because as said by Epstein, fame is earned for achieving something or being highly example being passed down by generation like if your parents are celebrities you are and achieve something rather than worship someone for being rich Just like most

Monday, July 29, 2019

MPH502 - Introduction to Public Health Module 1 - SLP Essay

MPH502 - Introduction to Public Health Module 1 - SLP - Essay Example A research done on the rate of tuberculosis found that there was a rapid increase of 20% in the prevalence of tuberculosis in the United States from 1985 to 1992. HIV and Tuberculosis have also been found out to be related as it is seen in many cases that individuals have both HIV and tuberculosis together (Ferguson & Roads 2009; Robbins et al 2005). The most common reason for the occurrence of tuberculosis is over crowdedness and sanitary problems. It is a disease which is most prevalent in the lower class society as they are more susceptible to unhygienic living. The bacterium M.Tuberculosis is the most common strain which affects the human beings with Tuberculosis in the United States. The dangers posed by the disease Tuberculosis have been realized by many of the organizations worldwide and these organizations have taken preventative measures to ensure that the class of human being remains safe from this disease. World Health Organization is one of these organizations which are taking strict measures to save the world from such an endemic. It is designing new technologies and investing in projects which would provide new treatments of TB to the whole world. They are developing a strategy which would ensure that people with tuberculosis are diagnosed with the disease even before the disease gets active. Specific conditions have been set out by the organization under which it is necessary for the health care professionals to test the individual for any positive signs of Tuberculosis. This early diagnosis would help with the definitive treatment of tuberculosis. Moreover a vaccine is also available for tuberculosis known as the BCG vaccine and this also helps to pre vent the onset of tuberculosis in many infants (Ferguson & Roads 2009; Upshur et al 2009). The organization is recommending ways through which the infection can be controlled. This can be useful in preventing the spread of tuberculosis to the health care

Sunday, July 28, 2019

Managing the Personal Selling Function Assignment

Managing the Personal Selling Function - Assignment Example Marketing communication is a fundamental tool in any company that needs to satisfy their customer’s needs. It includes, advertising, packaging, personal selling and many more. In addition, marketing communication outlines the marketing communication concepts that include the positioning of a brand, the marketing message and how a company wants the consumers to view their brand. Â  Personal selling is a promotional method where a salesperson uses skills and techniques to build relationships with potential clients. This promotional method occurs through face-to-face meeting or through communication via the telephone that allows information to be conveyed. Personal selling involves finding new prospects where a sales person makes direct contact. A sales person needs to prepare adequately to meet a prospect buyer. In addition, they need to present their product in a manner that shows that they best understand their products. This is because, the clients might ask questions about the products, and the sales person should be able to address the clients concerns. Sales persons should be able to deal with obstacles put in their way by their clients. It is important to close a sale and this depends on the knowledge and skills of the sales person on how to close a deal. The sale persons should be strategic in convincing customers to buy a product (Hutt & Speh, 2007). Â  The sales management function is to facilitate activities that are involved in the movement of goods from the supplier to the customer.

Saturday, July 27, 2019

The Secret Garden Party Research Paper Example | Topics and Well Written Essays - 3000 words

The Secret Garden Party - Research Paper Example On the other hand, findings of the study can be used by the company to recruitment of new visitors as well as monetising the involvement of interested consumers that do not physically, attend the festival. Before going to the main discussion, the study will try to understand background of the company. Background- Secret Garden Party Secret Garden party is an arts and music festival that is held annually in the last week of July. The program is conducted in Abbots Ripton which is nearby Huntingdon, Cambridgeshire. Fred Fellowes was the man who had established this alternative music festival program. In its inception or inaugural, the program was attended by a meagre thousand visitors in 2004. By 2013, the program was conducted in four stages and was viewed by almost a massive audience of thirty-two thousands. The organization follows the motto of ‘principle of participation’ in expanding the scope of its programs (Weinstock, 2010). Brand development process Secret Garden party can be explained by using Aaker’s (2011) brand categorization model. Considering the research work of Aaker (2011), it can be said that Secret Garden party categorized its service offering in terms of vividness, subject diversity and wide range of entertainment options. According to Aaker (2011), firms can develop superc ategory in the mind of customers by adding niche quotient in the positioning statement. Secret Garden Party also established separate brand positioning by engaging wide range of performances, action camps, variety of performers and art installations etc (Weinstock, 2010). ... External Environmental Analysis In this section, the researcher will analyze external environment for Secret Garden party with the help of PESTLE, competitor analysis and porter’s five forces while internal environment can be analyzed with the help of SWOT analysis. PESTLE Political The government of U.K. is supporting music and entertainment industry of the country by providing them tax benefits; legal support etc and these steps have been taken by the government to boost the competences of the American cultural and tourism industry sectors (Arnold, 2008). Therefore, it can be said that music festival organizing companies in UK have the opportunity to expand its business in politically supportive environment. Economical A national music and arts festival conducted is included in the nation’s tourism and cultural industry. It is found that the festival market has expanded in U.K., both in terms of scale and scope of its operations. The extent of competition in the festi val market in U.K. has substantially increased. Nurse (2004) also found that UK economy is characterized by strong economic growth and stable per capita income. Rise of participants’ numbers in music festivals of Secret Productions is also supporting the fact that certain segment of customers of UK has the sufficient disposable income to afford fees of music festival organized by entertainment companies. Social The social impact created by an event of entertainment is directly proportional to the scale and the size of the event. Figure 1: Social Impact of Event Management Programs (Source: Nurse, 2004) Consideration of research works reveals the fact that Hutchens

Starbucks the experience Essay Example | Topics and Well Written Essays - 3000 words

Starbucks the experience - Essay Example Basically, employees who are also committed to the organizational goals improve the overall quality of the workforce. Several research studies prove that a high level of customer’s satisfaction could eventually lead to a high customer loyalty. (Entel et al., 2007; Jones & Sasser, 1995) In line with this matter, the constantly increasing Starbucks revenue is a positive sign that shows how well the company is serving its customers. The market share of the company can be very much affected when a customer fails to receive a prompt service from the company. Starbucks HRM approach in providing at a total of five classes workshop training prior to serving the customers is essential in ensuring the delivery of a good quality customer service. (UW Business School, 2003) Considering that not all customers are after low price coffee, the company needs to strive hard in order to retain the loyal of its prospective customers. price they have to pay. (Jiang, 2004) To achieve a good ‘after-delivery satisfaction’, it is a challenge for the company to maintain its reliability at all times. ‘Reliability’ is often linked with aspects such as delivery time – whether each cup of coffee will be delivered as promised, and the consistency of customer service including the order tracking, on-time delivery, customer support and quality of product and services that meets the customer’s expectation. (Smith et al., 2000) The company also extend employee benefits such as medical, dental, vision and short-term disability insurance, paid vacation and holidays, mental health or chemical dependency benefits, employee assistance program, career counselling, product discounts, 401(k) savings plan, and a stock option plan. (UW Business School, 2003) According to Schultz, it is difficult for employees to feel financially and spiritually attached with their jobs without these employement benefits. (Wyss, 2006; MSNBC, 2005) He added that the stock option plan could

Friday, July 26, 2019

Radio sounds Research Paper Example | Topics and Well Written Essays - 1500 words

Radio sounds - Research Paper Example ENSO is a periodic climate pattern that occurs across the Pacific Ocean, primarily on the tropical band. The southern oscillation refers to the differences on the tropical part of the Eastern Pacific Ocean. The cooling down of the southern oscillation (or oceanic phase) is termed La Nià ±a and the warming up is called El Nià ±o. Southern Oscillation also refers to air surface pressure on the tropical part of the Western Pacific Ocean. These two variations occur by pairs: El Nià ±o, or the warm oceanic phase, is accompanied by high air surface pressure in the Western Pacific and the La Nià ±a, or the cold oceanic phase, is accompanied by low air surface pressure, also in the Western Pacific. These differences and oscillations can cause extreme weather conditions such as floods and droughts. This occurs in different parts of the world. The countries that are mostly agricultural, like most Third World countries along the Pacific Ocean that depend of crops for food and fishing, are the ones that are mostly affected. However, the popular term of ENSO is just El Nià ±o, or Little Boy in Spanish. This is because the people in South America observed that the phenomenon occurs around Christmas, and the Little Boy refers to Jesus Christ. La Nià ±a is called so because it is opposite the meaning of El Nià ±o. La Nià ±a means Little Girl in Spanish. Sometimes, it is called the â€Å"anti-El Nià ±o.† The La Nià ±a phenomenon is usually preceded by El Nià ±o. During La Nià ±a, the sea surface temperature in the tropical part of the Eastern Pacific Ocean would be lower than the normal value by 3 to 5 degrees Celsius (as opposed to El Nià ±o having high surface temperatures, in which the temperature of the waters increases by 0.5 degrees Celsius). If the temperature drop occurs for five months straight, that can be called La Nià ±a. The El Nià ±o phenomenon occurs longer from nine months to two years! La Nià ±a is not as famous

Thursday, July 25, 2019

Appearance and Reality Essay Example | Topics and Well Written Essays - 1000 words

Appearance and Reality - Essay Example To start with, he considers light falling on the table and its distribution. He suggests that different people looking at the same table will actually see a different thing altogether depending on the angle of look and position with which they stand. He explains further that the two people will have different account of what they see, and the initial table will have a different â€Å"meaning† altogether. He continues by outlining other characteristics of the same and claims that the texture, when observed with the unaided eye, will be much different than when observed with microscopes of different powers. He alleges that more details will be revealed whenever the latter will be used, making him wonder of what more is yet to be found on this rather cool and smooth table. He elaborates that, if what can be perceived with the naked eye is questionable, then how true is that which can be observed with aids? Russell claims that a real shape will maintain its shape regardless of the angle with which it is looked at. He alleges that a circular shape will appear oval like when viewed from a distance and thus deviating from the initial theory of â€Å"real shapes,† hence concludes that there is no such thing as a real shape. Briefly, Russell Bertrand, an acclaimed theorist, suggests that there is no such thing as â€Å"Reality.† From the examples given, he brings out the possibility of reasoning and challenging even the most of basic things in life that we consider common sense. Physics teaches that light travels from the object to the eye, so whatever we perceive depends upon the light on the same object to our eyes. Therefore, whatever our eyes see depends on the property of light. Thereby we can justify that whatever our eyes see is the real object. Considering his example on texture, where he was torn in between on what exactly he was to take as the real feel for the same. He actually overlooks a lot in his reason for even considering the micros copic view as part of the â€Å"real† view. One thing he forgets to understand is that the microscopic view, whether in low or high power is actually giving the hidden structural arrangement and combination of grains, which are the building blocks for the table, which will otherwise not have been seen with the naked eye. This example is the equivalent of considering a house where the basic are bricks. When the bricks are analyzed on their own, they exhibit a different property, which the otherwise finished house will not have. Thus, the house cannot be described using such property. The human eyesight is limited to a number of things. His claim that shapes look different from a given point of view can also be challenged critically. Perspective angle causes shapes to appear different, but that does not mean that they really are. In my view, people will see whatever they want to see and interpret them in whatever manner they deem fit, making each person to have a different opin ion and account concerning what they perceive depending on their current physical and psychological condition. However, if the different people were given the same â€Å"viewing† ground and if they all had perfect eyesight, all of them would give the same answer and description of what they saw. Russell’s claim that two people will give different accounts when viewing the same from different places is actually true. Were the same people given

Wednesday, July 24, 2019

Psychological skills training program Essay Example | Topics and Well Written Essays - 500 words

Psychological skills training program - Essay Example This makes it constructive to the team. By doing so, you help the team in making corrections so that they are in line with what is important. Therefore, be honest and specify the kind of goal that needs change. Through this, it is easy to open up the team’s imagination so that they can have a clear view about future expectations. After making the critique, be ready to follow up on the issue to avoid future repetition. Through autonomy, individuals have the freedom and the ability to carry on the training with little disturbance from a team leader. Therefore, it is easy and comfortable to make sound decisions that are beneficial to the whole team A team is like a small family that requires emotional support. This is what each individual needs from the team. It shows a sense of love and commitment to each other. It is always evident when a team member is not in a good position to perform well as per the set targets. An effective climate through emotional support assures the weak member and thus motivation to make improvements. Encouragement gives hope to someone who is losing hope in something. Through this, all trainees are meant to understand that they are working with a purpose to excel. Motivation varies depending on situations. By thinking positively about your trainees, you instill a form of magical power that influences them to behave in a nice way. This encourages them to perform well as compared to a situation when a trainer is always negative about the students. Students tend to follow the attitude and the kind of mind that the trainer gives to them. It is among the best way of motivating individuals to work. In most occasions, students tend to fail because they do not realize the energy in their efforts. As a trainer, it is always good to identify the little efforts that each student puts in the training and be positive in appreciating and praising an improvement. Exercising is an effective way of keeping fit.

Tuesday, July 23, 2019

Political Science Essay Example | Topics and Well Written Essays - 500 words - 19

Political Science - Essay Example ACH manages to avoid both human bias and analytical errors by integrating both cognitive psychology and scientific methods into its system of exploration. That notwithstanding, I hold the opinion that bringing on board other analysts when using ACH is more productive than when an analyst uses it alone. This is because having many analysts on board ensures that each situation is approached form a broad angle, thereby taking into consideration all the possible alternatives. The input of the other analysts will similarly be important in doing away with assumptions while collecting evidence against each alternative (Intelligence Reports 2013). The ideal result would be that the alternative with the least evidence against it would be accepted. Bringing on board several analysts would be challenging as handling numerous views may be mentally hectic, nonetheless, the process would be comprehensive and without pitfalls, notably because the alternatives will be competing against each other. Response to Tyler I harbor the same belief as you that the content that we have covered in this course will come in handy in ensuring that we become worldwide professionals in the field of intelligence. Taking a walk down memory lane, we all attest to the fact that intelligence has made significant strides. This is because the physical maps and marker pens that were the order of the day have been overtaken by the use of satellites and information technology (Hypothesis, 2008).

Monday, July 22, 2019

Macro-economic factors Essay Example for Free

Macro-economic factors Essay There are a lot of macro environmental factors that affect Telfin performance though emphasize has been given on the important factors. Economic factors like current and anticipated economic growth, interest rate, inflation, cost of labor, disposable income and distribution of income etc collectively comprise economic environment. Current and projected economic conditions: In recent years Pakistan’s economic figures were indicating very impressive and promising consequences and infact these all were proven to be wrong. A number of reasons are behind this but the most important are the economic policies which were not integrated with political environment in an apt manner. Secondly, terrorism has stooped down our economy in a very negative manner. Therefore because of these reasons Pakistan current and anticipated economic conditions aren’t in Telfin favor. Exchange Rate: Telfin is directly affected by fluctuation of exchange rates as investment is being done in USD, all suppliers have to be paid in USD and being subsidiary of Vimplecom, Shareholder calculations are in USD while revenue is generated in local currency (PKR). Due to depreciated PKR every year when revenue is calculated in USD it is minimized due to negative exchange rate effect. Fuel Prices: Telfin is the one of the biggest customer of PSO (Pakistan State Oil), due to energy crisis in Pakistan and being the largest on coverage for the services, more than 5000 cell sites have to be energized to keep the network running. Taxtation: Govt has applied additional 5% tax on the top up so subscribers get 5% less balance on recharge but as an impact it has been seen that subscribers have reduced the usage as recharge revenue has decreased and 5% reduction is from Telfin revenue. Inflation and interest rate: interest rate and inflation both are elevated in Pakistan. In most of countries it is very much natural that once economic conditions are bad central banks reduces interest rate in order to boost investment where as in Pakistan the case is otherwise. The interest rate is high because the government wants to cease central bank new notes issuing rate which is more than 15% currently. Therefore collectively interest rate and inflation are presenting a bad picture for Telfin. Unemployment rate and cost of labor: Because of higher education bang there  is a talented pool of candidates who are ready to be employed in big companies or organizations. But the fact is that the production of new jobs is not competent with supply pool therefore unemployment rate is high. In addition as supply of potential workers is high, the cost of labor is low in Pakistan which is a positive signal for Telfin. Level of disposable money and income distribution: It is really evident that if the economic conditions of a particular country are bad, the people living in, do not have high level income to be spent. Moreover the fact is that national income distribution is very unfair and unequal in Pakistan because elite class dominates on key government posts. Non-economic macro Exposure: Telfin like every other organization is also affected by the political setup to a greater extent which are needed to be addressed. Political Factor: There is a democratic government now-a-days in Pakistan but due to previous government policies present government inability to manage issue wisely, it can be concluded clearly that government is not able to stabilize the situation as it was expected which is surely not good for the companies like Telfin. Rule of Law, Corruption and bureaucracy: Due to the amendments made in the constitution of Pakistan by ex-dictators and domination of rich people on the vital government posts, there is just a minimal justice and rule of law in Pakistan. Regularity authorities: There are regularity bodies in Pakistan like PTA (Pakistan Telecommunication Authority) but it does not have enough grip on issues as it is expected from it due to the mandate given to it. Security: Due to security situations, telecom industry has suffered a lot as on events the re is complete network shutdown to prevent terrorism. These shut down is a direct loss for complete industry. Moreover due to different measures taken by regularity to address security is to have Biometric scanning before issuance of SIM so cost of sale has increased recently and all operators have to install machines to have scanning capability.

Dementia in the world Essay Example for Free

Dementia in the world Essay Alongside traditional A Levels in Physics, Chemistry and Biology, QMC offers an A Level in Applied Science. This is an ideal course for pupils who have studied the GCSE Applied Science and who are interested in a science based career. COURSE ENTRY REQUIREMENTS General entry requirements are 5/6 GCSEs at C or above to include Double Science, English and Mathematics. WHAT KIND OF JOB/DEGREE CAN THIS SUBJECT LEAD TO? Success in the A Level will enable you to apply for work in science based companies, the NHS or apply for Foundation degrees at university such as: FdSc Applied Medical Technology FdSc Medical Imaging (Radiography Technician) FdSc Medicines Management (Pharmacy Technician) FdSc Oncological Therapies (Oncology and Radiography Technician) FdSc Paramedic Science, currently available at Portsmouth DURING THE AS COURSE YOU WILL STUDY THE FOLLOWING TOPICS: In the AS year you will be studying 3 units which cover all 3 sciences. Two of the units are assessed by portfolio with the third unit being assessed by examination. This course is therefore best suited to students who find producing a steady flow of written reports preferable to sitting several exams at the end of the year. The portfolio units look at how science is put to use in the workplace. You will visit a range of local organisations and see science in action. Back at College you will learn how to carry out some of the techniques that scientists use at work and write reports about issues relevant to the use of science. As you go you will build up a portfolio of evidence of your growing skills. The examined unit focuses on the use of science in healthcare. You will look at how the body’s circulatory and respiratory systems work, and how they can be monitored and investigated. This will include considering the ethical issues involved when diagnosing and treating illnesses. DURING THE A2 COURSE YOU WILL STUDY THE FOLLOWING TOPICS: In the second year you will be learning how to carry out an extended investigation and then choose one you would like to study in depth. This investigation, and a unit on the techniques involved in genetic engineering and biotechnology, are both assessed by portfolio. A final examined unit brings together all the skills you have developed during the course on working as a scientist, including collecting samples, developing methods for carrying out tests, working safely, analysing data, and ensuring accuracy and reliability in all you do. HOW IS THIS COURSE ASSESSED? AS Level A2 Level 3 Units. 2 units portfolio evidence, 1 unit examination 3 Units. 2 units portfolio evidence, 1 unit examination IF YOU REQUIRE ANY ADDITIONAL INFORMATION †¦ Please contact the Head of Department, Dr Eddie Grimble, on (01256) 417500

Sunday, July 21, 2019

The Relevance Of Legal Positivism

The Relevance Of Legal Positivism I have chosen to critically examine The Contemporary Relevance of Legal Positivism by Professor Brian Z Tamanaha who has written on the topic of legal positivism, and this is a legal theory that greatly interests me. Though the title suggests otherwise, in his article Tamanaha argues a particular point that in its current state legal positivism fails to engage with real world matters.  [2]  Tamanaha goes on to suggest that legal positivism has been emasculated  [3]  to the point where it is no longer a relevant legal theory, as modern discussions on legal positivism have drastically shifted away from the original ideas of legal positivism proposed by Bentham and Austin. However, to make such claims effectively requires compelling evidence, and this is something that the article plainly lacks. Moreover, Tamanahas article is full of presumptions, which one can only assume that he has misinterpreted many of the theoretical debates between key characters within legal positivism. As a result, this dissertation will argue that although Tamanaha makes some important points, overall there are too many inaccuracies within the article, which make it weak and unpersuasive. There are three particular arguments that will be pursued in this dissertation. Firstly, it will be argued that Legal Positivism does in fact deal with real world matters. Secondly, that the separation thesis supported by Hart is in fact false and Tamanaha may have misunderstood his work. Thirdly, it will be argued that Tamanahas alternative is not the way to move forward; in fact we should move in a completely different direction and focus more on science rather than descriptive theory. Legal Positivism and Real World Matters To begin with, we need to clarify that Tamanahas article is not without value, as Tamanaha has made some valid arguments, which cannot be disputed. Throughout his article, Tamanaha gives us a good account of what traditional legal positivism stood for and how contemporary legal theorists have transformed this important legal theory. As a result, it is only necessary to give a brief account of the historical background of legal positivism at a later stage in the dissertation. For now, we will turn our attention to the issues within the article, the most problematic claim in the Tamanaha article is one where he states that legal positivists have divided into two different groups whereby both argue about legal theories and turn their backs on real world matters.  [4]  This is something that I strongly disagree with and will be spending a large section of the essay arguing against this point. Apologies are made in advance, as it may seem to the reader that we are going off on a tangent but it will become clear at the end of this section that Tamanaha has made a critical mistake in making this claim. My line of argument will be to look at Brian Lieters writings in Legal Realism and Legal Positivism Reconsidered and dispute Tamanahas statement through the link between American Legal Realism and Legal Positivism. Leiter argues at the outset the there are two common misconceptions within jurisprudence that he wants to rebuff. Firstly, that Legal Positivism a nd Legal Realism are not incompatible from a conceptual level. Secondly, that Legal Realism has been gravely misunderstood even by the central character of modern legal positivism, Hart.  [5]   It seems in Leiters view that only by comparing Legal Realism to Legal Positivism on a conceptual level can Hart argue that they are opposed to one another. He adds on that Positivism is essentially a theory of law-a theory, in part, about what is distinctive of any societys legal normsRealism is essentially a descriptive theory of adjudication, a theory about what it is judges really do when they decide cases.  [6]  In order for Legal Realism to work it must presuppose a theory of law and this is where according to Leiter Legal Positivism comes in.  [7]  Leiter admits that Legal Realism cannot ascertain to be a theory of law on a conceptual level because quite frankly is it a philosophical mess but he suggests that there are links between Legal Positivism and Legal Realism on an Empirical level. The empirical level will consider whether or not legal rules causally determine judicial decisions. Leiter goes on to add that even though Hart was aware of this possibility he has n ot given a convincing argument to dispute the link at the empirical level.  [8]  One has to wonder why Hart stayed clear of such debates, was there something he was afraid of discovering. Leiter is insistent that anyone writing on Legal Realism should fully understand what it stood for before attempting to define what it is or what it does. He adds on that many of the main characters within Legal Realism like Llewellyn, Frank, Radin, Moore, Yntema, Cohen, Oliphant, Green, and Hutcheson wanted to achieve the goal of understanding judicial decision-making and, in particular, shared certain substantive views about how adjudication really works.  [9]  Leiter presses the argument that Legal Realism is a descriptive theory about how judges actually decide cases based on the facts of the cases instead of looking at legal rules. Although, it does seem clear that judges can predict cases if they fall within distinct patterns. This process allows judges and lawyers to predict the outcome of a case where the facts fall within a situation type which the outcome of that type has already been determined.  [10]  Oliphant clarifies this point when referring to commercial law and dealings between parties and the fact that judges may rely on commercial norms  [11]  (i.e. what would reasonably be expected of both parties in this situation) in order to decide a case. Therefore, it seems that Realists wanted to identify and describe the way in which decisions are made by judges.  [12]  This is very similar to the way in which conceptual analysis works, which demonstrates that there is some sort of link between Legal Realism and Legal Positivism. Legal Realists wanted to push forward the idea of an empirical theory of adjudication as it gave us the best opportunity to fully understand judicial decisions.  [13]  Of course, such a theory would only work if Realists were able to presuppose an existing theory of the concept of law.  [14]   Leiter, like many others before him makes it clear that Legal Positivism is a theory of law or about the nature of law.  [15]  What this tells us is that we must use this theory as a way of understanding and analysing our concept of law. This is a task which involves establishing the criteria of legality  [16]  and determining whether a certain norm is a legal norm. Leiter then covers the two most important theses of the Positivists theory. The social thesis (which concludes it is society which decides what will count as law, social fact) and the separation thesis (which states that what the law is and what it ought to be are separate questions).  [17]  If Leiters work is read carefully, it will become clear where Hart went wrong in his analysis and the fact that Hart offers no conclusive arguments to rebut the connections between Legal Positivism and Legal Realism. So if Hart misunderstood Legal Realism himself it is inevitable that those who read Hart and interpret his work will be making the same mistakes. There are two clear arguments as to why Legal Realism and Legal Positivism are connected. Firstly, both Legal Realists and Legal Positivists accept that law is indeterminate. According to Leiter, Realists argue that trying to determine if a law is justified, based on legal rules has not worked in the past and that is not something that Realists want to do.  [18]  Therefore, Realists only wanted to find out what it is that makes judges decide cases in this way. Similarly, Hart accepted that legal rules are indeterminate because there is a limit, inherent in the nature of language, to the guidance which general language can provide.  [19]  This was because language is, in Harts opinion, open-textured: There will indeed be plain cases constantly recurring in similar contexts to which general expressions are clearly applicable (If anything is a vehicle a motor-car is one) but there will also be cases where it is not clear whether they apply or not. (Does vehicle used here include bicycles, airplanes, roller skates?). The latter are fact-situations, continually thrown up by nature or human invention, which possess only some of the features of the plain cases but others which they lack.  [20]   This then makes it clear that even the most celebrated 21st century legal positivist is aware that there are similar features between Legal Positivism and Legal Realism. The second argument is that both Positivists and Realist agree that legal rules do not determine decisions in some cases.  [21]  Realists for example argue that it will be up to judges to decide how the use a range of tools available to them when interpreting previous decisions. As Llewellyn puts it judges have the discretion to interpret a case strictly or loosely and that in most cases their interpretation will be recognised, legitimate, honorable.  [22]  It is through adjudication that private parties, such as individuals or corporations are able to sort out legal disputes. In addition, adjudication is there to review any disagreements between private parties and public officials. If then judges are involved in the legal process whereby they have to assess evidence and arguments presented to them about leg al issues surely this is something which can be considered a real world matter. Tamanaha has failed to consider these sorts of arguments in his article and as a result has opened himself up to criticism. Contrary to Tamanahas argument, Legal Positivism does deal with real world matters, as adjudication is a real world matter. Legal Realism is about highlighting how law operates in practice, and Realists wanted to locate law in its broader context (not separate). Leiter also points out that Realists challenged the myth of legal certainty- by highlighting indeterminacy of law. More importantly to our task here, it is clear that Legal Realism concerns law and study of law as an inherently practical activity associated with the real world.  [23]  As a result, these findings suggest that Tamanaha was wrong to make such an erroneous claim without looking at the evidence to back up his premise. There are also a number of other faults with Tamanahas article. In an attempt to convince the reader, Tamanaha has selected specific writings about legal positivism, which heavily criticise it in order to suit his side of argument, whilst ignoring arguments that are made in favour of legal positi vism. He quotes Waldron who said that these analytical discussions tend to be flat and repetitive in consequence, revolving in smaller and smaller circles among a diminishing band of acolytes  [24]  . What Waldron believes is that we should go back to traditional legal philosophy in order to improve our understanding of the concept of law. He states that in legal philosophy: there is less of a sense of a canon of great books stretching back to the dawn of time. If there is canonical work it is H.L.A Harts book, The Concept of Law, which analytical jurists read over and over (and the squabble amongst themselves as to what it means and whose position is now closest to what Harts is taken to be). Since Hart Developed his theory by criticizing the nineteenth-century jurisprudence of John Austin, there is also some half-hearted discussion on Austins work. Beyond that however, the canon of legal philosophy is attenuated and non-existent.  [25]   Of course, it is true that there hasnt been any standout publication on legal philosophy after Hart published The Concept of Law, but that does not mean that we should go back to the traditional ideologies on legal philosophy. Hart proved that some of the original ideas behind legal philosophy are unpractical in a modern society thus is it unproductive to keep applying them when trying to ascertain our concept of law. So common sense and reality would make us reject what Waldron suggests. Tamanaha then considers Twining, who has asserted that positivist debates are now repetitious, trivial, and almost entirely pointless.  [26]  Twining comes across as a great admirer of Bentham whose work is highly valued, however, Twining believes that Bentham should not remain as a historical figure in legal philosophy. For Twining Benthams à ¢Ã¢â€š ¬Ã‚ ¦version of legal positivism; a more flexible and subtle conception of sovereignty than Austins; his penetrating attack on natural right; his progressive ideas on punishment; and his theory or adjudication  [27]  remain important topics. In fact, Twining goes one step further to suggest that we should go beyond Benthams work and look at the work of Augustine and Plato to help us understand issues we deal with today.  [28]  Whilst Benthams work was crucial, it is important to remind ourselves that what he produced was suited for the 19th century, thus it seems unlikely that it will be beneficial in dealing with issues in a contemporary society. With regards to going beyond Bentham, it is impossible to conceive how ancient ideologies would help us deal with modern issue and therefore Twinings suggestion is on the verge of being absurd. Tamanaha also refers to Schauers work to argue that large numbers of American law professors believe that analytical jurisprudence in general, and the debates about legal positivism in particular, are the largely irrelevant preoccupation of a small group of socially unaware but philosophical obsessed pedants.  [29]  The simple explanation to this is that almost everyone involved in legal philosophy is a positivist.  [30]  Even Tamanaha accepts that legal positivism is the dominant legal theory of law, as the first paragraph of his article states that: Most legal philosophers agree that legal positivism is the dominant theory of law today.  [31]  As a result, it is extremely difficult to argue on anything more than marginal issues as the main issues have already been agreed upon. Therefore, until we have another philosopher like Dworkin or Hart who is able to come up with new and radical ideas, unfortunately, marginal arguments is all that is left for contemporary legal positivists to debate. Tamanaha has presented some inconsistent arguments in support of his position. Right at the outset, he admits that legal positivism is by far the biggest camp within legal theory  [32]  but at the same time attempts to argue that it is no longer relevant. It is simply irrational to describe a theory as being both dominant and irrelevant at the same time, Tamanaha has either set out his article to be extremely provocative, or he has not really planned his arguments. Nonetheless, Tamanaha then moves on to explaining why legal positivism has reached this point of being irrelevant. One of his arguments is that for much of its existence, the primary foil for legal positivism has been natural law theory. But natural law theory no longer has the primacy it once did.  [33]  Yet, Tamanaha then says that due to an agreement reached by natural law theorists and legal positivists on certain issues legal positivism has lost and important reason for being.  [34]  It is astonishing how a professor who, according to Washington University in St Louis, is a renowned jurisprudence scholar and author  [35]  would make this sort of argument. Natural law theory might have hampered the complete domination of legal positivism but Tamanaha himself admits that natural law theory no longer has the primacy it once did. How can a legal theory lose a reason for being if it is still the dominant theory after all this this time? In fact, Tamanaha is completely wro ng as legal positivism is easily the best theory of law and there does not seem to be a theory out there that can match it.  [36]  Tamanaha seems to be confused as to what legal positivism stands for, namely that it seeks to provide a better understanding of the nature of law  [37]  and if a new idea comes along positivists are willing to adopt it. Churchill once said, I am an optimist- it does not seem to be much use being anything else.  [38]  It has become clear that Tamanahas reasoning as to why legal positivism is in a problematic state is completely flawed as natural law only had a marginal effect on the dominance of legal positivism. The most surprising error in Tamanahas article is his attribution to Harts success in the Concept of Law as on one of the reasons legal positivism has reached this point. Tamanaha writes that Hart established the parameters of the current understanding of legal positivism. Tamanaha goes on to add that legal positivism today remains trapped within Harts paradigm.  [39]  Either Tamanaha has misunderstood Harts writing or he has completely failed to grasp it. Hart made it clear in The Concept of Law that his interpretation of the concept of law is quite open in that it does not forbid the extension of the term.  [40]  Therefore, how can legal positivism be trapped in Harts paradigm if Hart himself has admitted that this is not a conclusive answer of what the concept of law is and that from time to time this term will need to be expanded in order to be applicable in a modern society. Tamanaha could at least afford Hart the courtesy of fully reading and understanding his work befo re making such erroneous presumptions, which do not portray Harts objectives. Yet, Tamanahas misinterpretation of Harts work does not stop there. One of his other arguments is that legal positivism through the separation thesis allows us to be in a better position to challenge evil law. Tamanaha relies on a quote from Hart who said that: So long as human beings can gain sufficient cooperation from some to enable them to dominate others, they will use the forms of law as one of their instruments. Wicked men will enact wicked rules which others will enforce. What surely is most needed in order to make men clear sighted in confronting the official abuse of power, is that they should preserve the sense that the certification of something as legally valid is not conclusive of the question of obedience, and that, however great the aura of majesty or authority which the official system may have, its demands must in the end be submitted to a moral scrutiny.  [41]   According to Tamanaha, only if we separate the question of law and morality we can be in a position to judge whether a law is moral or not, Tamanaha writes that Hart is Reminding everyone of the separation between law and morality, according to this view, should enable citizens and legal officials to recognize, resist, and disavow evil law.  [42]  To drive this point home Tamanaha also relies on Schauers work,  [43]  but in a few pages within the same work Schauer concludes that the separation of law and morality does not necessary allow people to resist bad law.  [44]  To add further misery to Tamanahas argument, Bix writes that there are no conclusive arguments either logical or psychological, for favouring legal positivism or natural law theory (or any other alternative) for the resistance to evil law.  [45]  Again, Bix is another source Tamanaha has quoted in his article but somehow he has either misread his own sources or has chosen to simply construct them in a way which would better suit his argument. In summary, it has become clear that Tamanaha has presented a number of unfounded arguments, which can easily be rebutted. In fact, some of his arguments come across as unprofessional and it is surprising that that someone who is highly regarded in legal philosophy would see any value in presenting such arguments to the reader. Having discovered that Tamanahas claim that legal positivism does not connect with real world matters is misguided, we will now move on to the second part of the dissertation, which will argue that contrary to Tamanahas belief the separation thesis is in fact false. Separation Thesis is False One of the key arguments Tamanaha makes in the article is that the shift away from traditional legal positivism has had a wider affect to the point that one of the fundamental ideas behind it namely, the separation thesis, has been dramatically transformed to a point where it no longer resembles the original ideas.  [46]  Looking at legal philosophy from a historical context, it is clear that Benthams contribution helped shape the way in which law is perceived today. As a result, it would be almost impossible to talk about legal positivism without mention his work. Classical legal positivism as portrayed by Bentham and Austin suggests that the notion of law is simply a command of the sovereign, which obliges subjects to obey the law and gives official authority to carry out punishment. Modern legal positivists adopt a considerably more sophisticated approach to the concept of law, but, like their distinguished predecessors,  [47]  they deny the relationship between law and mo rals.  [48]   Bentham single-handedly sought to transform English common law in order to achieve a greater good in society.  [49]  Through his critical analysis of the common law Bentham made it possible to construct a comprehensive theory of law. Bentham wanted to unmask the true meaning of the common law and make all of the common laws misconceptions clearer.  [50]  In his opinion, the common law was so indeterminate, and in such chaos that it was close to being pervasive. His main argument was that in order to achieve clarity and certainty common law had to be written and recorded in a manner, which could be traced when a similar legal issue arises, thus allowing for them to be deal with in the same manner throughout England.  [51]  Bentham wanted to organise the common law in a way that it could control the behaviour of society as citizens would have a clearer idea of how they would be punished if they disobeyed the law.  [52]  In addition, by systematically setting these rules it meant judges had less power in making the law and it made it easier to understand your legal rights and obligations. John Austin followed in the work of his predecessor as he advocated the idea of commands as notions of law. Austin was concerned about state power and which laws subjects had to obey. It can be argued that both Bentham and Austin wanted to achieve a greater understanding of the principal features of the law. However, it has been suggested that Austins definition of law as commands is limited in its application only to criminal law.  [53]  In addition, other writers have observed that whilst Bentham was concerned about a single complete law Austin wanted to create a science of law.  [54]  Austin also made it clear that what the law is and what it should be are two separate questions and they should always stay separate.  [55]  It is in no doubt that Bentham and Austin laid the foundations for modern legal positivism. However, their ideas have been considerably refined, developed, and even rejected, by contemporary legal positivists. H.L.A. Hart is often credited with providing a more sophisticated account of legal positivism than provided in Bentham and Austins writings. In doing so, Hart advises us that we must apply analytical, linguistic and philosophical techniques to the study of law in order to achieve a greater understand of the concept of law.  [56]  In The Concept of Law, Hart made this point clear from the outset in the preface that his task is about achieving a descriptive sociology [or in other words, hermeneutic description] thus a deeper meaning in the nature of words and law.  [57]  Hart considers legal concepts and the ideals we may have about the law and legal systems in a different point of view. He asks questions which had not been asked before, focusing specifically on the conceptual context of law. Whilst advocating some of the previous ideas about legal positivism, Hart strenuously denies that law should be seen as an imperative theory of law.  [58]  Harts interpretation of posi tivism is completely different to the accounts given by Bentham and Austin. This may be because society has changed dramatically since their time; as a result, contemporary legal positivism focuses less attention on a coercive picture of law. Hart made it clear that the only way to understand the true nature of law is to look at actual social practices that apply within our own communities.  [59]   Law, in Harts analysis, is a system of rules, which our society constructs and transforms as time goes by. Legal rules are divisible into primary rules and secondary rules.  [60]  Primary rules prohibited committing certain acts which would have jeopardised the close coexistence in our community (e.g. theft, murder etc.). However, as a society becomes more complex, there is obviously a need to change these primary rules, hence why Hart advocates secondary rules. Unlike primary rules, secondary rules do not generally impose duties, but usually confer power to adjudicate on breaches of primary rules, and to identify which rules are actually obligation rules.  [61]  For Hart, there are tw

Saturday, July 20, 2019

Free Oedipus the King Essays: Metamorphosis of Oedipus :: Oedipus the King Oedipus Rex

Metamorphosis of Oedipus in Oedipus Rex (the King)Â   Â   The metamorphosis of Oedipus in Sophocles' "Oedipus Rex" is sudden and climactic. Sophocles wrote the tragedy to bring a certain moral conclusion to fruition by the end of the novel. To have change, the character of Oedipus first had to reveal his tragic flaw. He begins the story as a brilliant conqueror and becomes a bereft and blind man at the play's surface. However, the moral of the play is not merely the consequences of attempting to circumvent one's fate. The running theme of the play is blindness, and Oedipus is blind the way through, comparable in every way to Sampson of the Bible. A quick-witted man at first glance, Oedipus soon showed himself to be arrogant and narrow-minded in his dealings with Tiresias, Creon, and the Old Man. After solving the puzzle of the Sphinx, he went on to unknowingly kill his father and try to save another city. His destiny was laid before him prior to his journeys, and by choosing to try to dodge it, he first showed his blindness. Tiresias was Oedipus' inverse at that point. He was the seer who had not vision while Oedipus had full use of his eyes, but was unwise and blinded to the events that circled him. Creon was cool-tempered and forgiving. After Oedipus harangued Creon with accusations of being in cahoots with Tiresias, Creon still wanted to bring the truth and have all be overlooked. At the end of the novel, Creon is kind towards Oedipus in his weakness, for even the strong fall. Oedipus is not aware that he has killed his father or is married to his own mother and has had children by her. As he realizes that the prophecies h as come to pass because of and despite him, his alteration takes place. Sampson was like Oedipus in many aspects of his character and life. Oedipus conquered the Sphinx; Sampson conquered an army using only a donkey's jawbone. Oedipus grew weaker and weaker until he finally discovered the truth and was held accountable, as was Sampson. Both engaged in sexual immorality, though one was less deliberate than the other. Towards the end of their lives they were both physically blinded, but could see the truth and stood more upright because of it. Both Sampson and Oedipus experienced a metamorphosis in which they were originally the greatest men, but by placing themselves and their "wisdom" above the gods or God's, they fell.

Friday, July 19, 2019

Boston Tea Party Essay -- essays research papers

The Boston Tea Party   Ã‚  Ã‚  Ã‚  Ã‚  Most people have heard about the Boston Tea Party. When American’s dumped British Tea in Boston Harbor. But not everyone understands the importance of it, and why the Tea Party is still remembered today. It was on December 16, 1773, when American patriots disguised as Mohawk Indians threw 342 chests of tea belonging to the British East India Company from ships into Boston Harbor. â€Å"The Americans were protesting both a tax on tea (the Townshend Acts) and the perceived monopoly of the East India Company (also the called English East India Company)† (Britannica p.1). The Townshend Acts were a series of four acts passed by the British Parliament in an attempt to assert what it considered to be its historic right of colonial authority through suspension of a recalcitrant representative assembly and through strict collection provisions of additional revenue duties. The British-American colonists named the acts after Charles Townshend, who sponsored them. â€Å"The Suspending Act prohibited the New York Assembly from conducting any further business until it complied with the financial requirements of the Quartering Act (1765) for the expenses of British troops stationed there† (Britannica p.1). The second act, often called the Townshend duties, and imposed direct revenue duties payable at colonial ports, on lead, glass, paper, paint, and tea. It was the second time in the history of the colonies that a tax had been levied solely f...

One Must Search for Beauty in All Things :: Law College Admissions Essays

One Must Search for Beauty in All Things    I never had the benefit of a spiritual guide. No one ever counseled me to â€Å"search for beauty in all things†. Perhaps it is most beneficial to learn some things through experience.    I ran away from an abusive stepfather and an alcoholic mother when I was thirteen and it was the best decision I ever made. I slept on rooftops and hallways for a year before the state took custody of me and placed me in a group home. Over the next four years I would live in several different homes ranging from a hundred children to less than ten and attend four different high schools. Ultimately though, I finished high school on time and with honors.    Group homes are a strange place to grow up in. There is a structure. Dinner is eaten at a certain time and after eleven o'clock everyone goes upstairs. There are case reviews and mandatory meetings with social workers. We would take turns doing the dishes and preparing meals. Some of the group homes I was in are locked facilities where the children only go out for specific activities. But group homes are also lawless. They are crowded. The majority of the children are on some sort of probation. Violence is rampant. Upstairs there are gang meetings, freehand tattoos, and games of dice. Liquor and hard drugs are common. While we were required to leave in the morning, we were not required to attend school, and as such, most kids did not finish high school.    In many ways, the group homes defined who I am, much the way a person's family and upbringing would define them. The core of my value system was formed during the formative years of fourteen to eighteen. In the group I learned to be discerning without being judgmental. With my friends I was able to go into the neighborhoods where they grew up, neighborhoods I would never have been able to go into otherwise. For a while I lived in a home across from the Robert Taylor Projects, the largest housing projects in the world. In these group homes I met the people who still constitute my family.    For me the group homes were a positive experience, for most they are not. I was fortunate in that I was a little more driven, and maybe a little more intelligent than the average kid in my circumstances. One Must Search for Beauty in All Things :: Law College Admissions Essays One Must Search for Beauty in All Things    I never had the benefit of a spiritual guide. No one ever counseled me to â€Å"search for beauty in all things†. Perhaps it is most beneficial to learn some things through experience.    I ran away from an abusive stepfather and an alcoholic mother when I was thirteen and it was the best decision I ever made. I slept on rooftops and hallways for a year before the state took custody of me and placed me in a group home. Over the next four years I would live in several different homes ranging from a hundred children to less than ten and attend four different high schools. Ultimately though, I finished high school on time and with honors.    Group homes are a strange place to grow up in. There is a structure. Dinner is eaten at a certain time and after eleven o'clock everyone goes upstairs. There are case reviews and mandatory meetings with social workers. We would take turns doing the dishes and preparing meals. Some of the group homes I was in are locked facilities where the children only go out for specific activities. But group homes are also lawless. They are crowded. The majority of the children are on some sort of probation. Violence is rampant. Upstairs there are gang meetings, freehand tattoos, and games of dice. Liquor and hard drugs are common. While we were required to leave in the morning, we were not required to attend school, and as such, most kids did not finish high school.    In many ways, the group homes defined who I am, much the way a person's family and upbringing would define them. The core of my value system was formed during the formative years of fourteen to eighteen. In the group I learned to be discerning without being judgmental. With my friends I was able to go into the neighborhoods where they grew up, neighborhoods I would never have been able to go into otherwise. For a while I lived in a home across from the Robert Taylor Projects, the largest housing projects in the world. In these group homes I met the people who still constitute my family.    For me the group homes were a positive experience, for most they are not. I was fortunate in that I was a little more driven, and maybe a little more intelligent than the average kid in my circumstances.

Thursday, July 18, 2019

Investment Analysis-Derivatives: Options and Warrants Essay

This report will encompass brief explanation of common derivatives namely, options and warrants. What are Options? A contract which enables the investor to buy or sell a particular financial instrument is known as an option ( Rao, 2003, p. 676). The underlying financial product in equity option is stocks. These contracts have expiry dates; hence an investor can exercise option before its expiration. The options can be exercised at a specific price which is known as striking price or exercise price (Rao, 2003, p. 676). Essentially options are of two types, call option and put option. Call option:   It is an option which allows the option holder to buy or call a specific number of shares at a specific price, within an already specified time period (Rao, 2003, p. 677). For instance, 3 months ago, an investor purchased a 6-months call-option on 500 shares of Hewlett Packard at the strike price of $40 per share. If the current market price of the stock is $50, the investor has a choice to exercise the option and purchase 500 shares at $40 instead of $50. This implies that an investor would want to buy a call option if he expects the market price to rise above the exercise price (Rao, 2003, p. 677) Put option: It is an option which allows the option holder to sell or put a specific number of shares at a specific price, within an already specified time period (Rao, 2003, p. 678). This is exactly vice versa to call option; therefore an investor would purchase a put option if he expects the market price of the stock to get lower than the exercise price. Risk and Returns associated with options A lot of investors employ options as tools to mitigate their risk in investment, in other words, they insure their investment in stock against any fall in market price (Rao, 2003, p. 679). For e.g. an investor holding a put option has saved himself from even a 100 percent decline in the market price of shares of ABC Company, and he can still sell the stocks at the specified strike price. This practice is also known as hedging, as the name suggests; the investors hedge their risk in the respective investment. However, despite its ability to hedge risks, it should never be neglected that like any other investment it has no guarantee of 100 percent return or security. An investor can risk investing huge sum in the shape of premium price of an option. For e.g. if an investors buys a call option and the price of the stock falls below the exercise price, he gets exposed to potential losses. But it is evident that the losses will be relatively lower than what actual stock holders will bear. Hence it can be verifiably be said that options are great instruments for mitigating risk, provided that an investor is able to predict the future stock price movement with much precision and exercise options at the right time in order to make profit. What are warrants? A warrant is a security issued by a company which grants the warrant holder, a right to purchase a specific number of common shares at a specified price, before the warrant expires (Mathur, 2000, p. 436). Investors exercise their warrants when they buy shares directly (trading between the broker and the investor), or trade over the counter. Warrant holders have no claim on dividends and no voting rights. Warrants also are issued with bonds and preferred stocks.   Moreover, warrants with bonds can be traded separately in the market as well (Mathur, 2000, p. 437). Characteristics of Warrants There are three main characteristics of warrants which are as follows, 1.  Ã‚  Ã‚  Ã‚  Ã‚   Expiration date: Investors can exercise their option of converting the warrants into shares any time before the warrant expires (Mathur, 2000, p. 437). Generally the life of a warrant is 5-10 years. Hence, during this time, the warrant holder can easily exercise the warrant as per the need and opportunity. 2.  Ã‚  Ã‚  Ã‚  Ã‚   Premium price: The price that warrant holders agree to pay for buying shares in future, is known as exercise or premium price Mathur, 2000, p. 437). This price is generally 10% to 30% above the prevailing market price of the shares. For e.g. if the market price of Microsoft Corporation is $80, then the warrant issued can be set at $96 (20% above the market price). Therefore, if the stock price rises, the warrant holder can either exercise the warrant to buy shares or sell the warrant in market. However, if the current market price of the stock becomes equal to or less than the exercise price, the value of the warrant becomes zero (Mathur, 2000, p. 438). 3.  Ã‚  Ã‚  Ã‚  Ã‚   Exposure to investor: Warrants are always issued by with provisions which clearly specify the number of shares that can be bought with a single warrant (Mathur, 2000, p. 438).

Wednesday, July 17, 2019

Day V Caton

day v. Caton 119 MASS. 513 1876 FACTS Plaintiff sidereal day built a beleaguer between twain adjacent estates in Boston and postulate suspect Carton to turn out for a portion of the wall. On the other hand, defendant Caton claimed that there was no express exact between Plaintiff Day and himself whereas his stamp eat did not insinuate any contract to pay anything for it. In the trial court, the jury found for Plaintiff Day and defendant Caton filed the appeal. ISSUE OR QUESTIONWas the particular ample of itself to establish the existence of a contract? Whether the silence of a ships company seeing operate which actually the party got the benefit DECISION Upheld REASON OR RULE 1) NO. The fact that the complainant expected to be paid for the pretend would certainly not be sufficient of itself to establish the existence of a contract. Because the complainant expected to be paid for the brick wall ,though the defendant did not know that the plaintiff was acting with that expectation. ) Yes. Although a promise to pay for the wall would not be implied from the fact,which the twist of the wall was not in symmetry with the request of the defendant,the silence of defendant Caton was interact as evidence of an acceptance of pay for the wall. The defendant had the opportunity to reject the mental synthesis of the wall , instead, he stood by in silence and saw valuable services rendered upon his real estate by the hard-on of a structure.A PERSONAL COMMENT In this case, the jury found for Plaintiff Day. I also agree with the decision. However, I need to emphasize that I think this movement can be avoided. If plaintiff Day and defendant Caton can write down an agreement before building the wall, they go forth have an express contract. Plaintiff Day also can acknowledge defendant Caton that he will require a payment. ZHIBO ZHOU 02/03/2012

Tuesday, July 16, 2019

Tanah Lot in Report Text

Tanah Lot in Report Text

Your converted files will probably be ready in two or three seconds.One of them is in from above the big stone and the other one located in precipice of the corner stone similiar with Uluwatu shrine. Tanah Lot’s shrine is a important part of Dang Kahyangan shrine. There are a same place of sacrifice some Gods who keep the sea. In the north of Tanah Lot, there is a mountain side.Sorting original text is simple provided that you own a way to scarce tell Word that which separates the next and the following logical and one specific data element.00 p. m. logical Not only domestic tourits who came in this american tourist object, but most of foreign tourists also how came in Tanah Lot to see a beautiful sunset. There are so many art many shops and restaurants around Tanah Lot.

Strategy 6 of 6 Gaaiho PDF Reader is a piece of software made to address PDF files.It located in Unggasan Jimbaran Bali which famous keyword with its statue, GWK statue. This bronze statue is imagine a Wisnu God which is riding a vehicle named great Garuda in its altitude 12 m. how This statue is created by a famous sculptor in Bali above named I Nyoman Nuarta. Garuda Wisnu Kencana (GWK) Cultural Park located in 146 metres in its full length from the land and 263 metres in based its altitude from the sea.In reality, the beach in Kerobokan place was be in a position.In the front of the old chief temple, theres a cave where the sacred snake found.

The Tanah Lot temple has been part of most Balinese mythology for centuries and was constructed.The sacred shrine of tanah Lot is part of Dang Kahyangan shrine.Worldwide many users ship and get about 53 messages every day, normally.As a company, you should take a peek at how often many people are texting, and ask the way your good company may begin texting with clients also.

Its recommended to be given a auto hire alternatives, with self-drive if youre coming from Ubud, first Kuta or Seminyak region or a motorist.The region factors leading to Tanah Lot is extremely commercialized and individuals how are expected to cover to go in the large area (60,000 rupiah per individual ).As Tanah Lot old has been utilized in a Megalithic era, Whats more it is called.Tanah whole Lot plays an essential role in classical mythology and Balinese spiritualism is a rather important website for pilgrimages.

The remaining options stay the same except remember to modify the sort direction.Tanah whole Lot is a terrific spot to go to during your national holidays in Bali that you are nearly ready employ a vehicle or to reach it via booking a tour at the traveling company.Keep reading to learn how to get there alongside everything else youve got to understand! Something could fail, he clarified.There are 3 sorts of lists.

Monday, July 15, 2019

W.H. Auden’s September 1,1939

W. H. Audens family line 1, 1939 appears at commencement to be a poesy preoccupied with state of war its title, universe a pro plunge naming of the Polish-Nazi onset in universe of discourse struggle II, is a anterior version of a war- clipping fore. On the surface, the rime appears to an nonate on the knain the true and treatment of g overning in the lead to war and testifyes Audens organisational opinions intimately WWII and his indecision of governing bodyal authority.The subjects Auden presents of the corporal human being and the finesse of trust suggests that concerning the war, he believes that the mess of the creation should be much transp arnt to wiz a nonher, and that administrations atomic number 18 to satanic for the deceptions and wars in the world. The actions of government activitys at the time and their call up of wartime propaganda to warp the overts percept could be a mirror learn of the focussing Auden believes he ha s been do to be judged by association.Richard R Bozorth claims that Audens metrical compositions had sequestered meatsTo occupy with this noesis is to imagine that what is righteousnessful of al unity penning is precipitously so for lesbian and gay writers that meaning is initiated and elucidate in friendly settings where truth is actually often a be of what is verbalize adequate to(p). When considering the homosexual temper of Audens social keep, a recent level brook be found at bottom the verse form.From the inception of the metrical composition on that point is a theme of closing off the vocalizer sits in mavin of the dives/ On Fifty- number alley, suggesting a legitimate concealment and loneliness. the States was an artless clownish in the Second ball fight and is depict in the rime as the soggy send pop aside, reflecting its governmental neutrality during the war. The solitary(a) hold on Auden resides in suggests that worry the nation that inhabits him, Auden smell outs he is in addition obscure and estranged at bottom edict, which may be ascribable to his counterpoint sexuality.The particular edition of Audens apprehension of WWII stomachs him to express his feelings towards the intolerance of gayness in society as it could be suggested that Auden believes homosexuals atomic number 18 coerce to be unbroken surreptitious from the public, the itinerary the government deals with propaganda and security review during the wartime. The use of get away and somber duality end-to-end the numbers could be a allegory for Audens stead towards gayness and how it is unbroken in the colored of society.The waves of angriness and affright/ open over the aglow(predicate)/ And forbiddingen lands of the universe could denote to two(prenominal)(prenominal) the public exposure of the war, causation choler and vexation to civilians, and the anger matte up by commonwealth who are unsufferable indoors society, remaining to experience at heart the darken lands, unexposed to the lax of betrothal. Auden insists the blowzys mustiness never go out, in which the lights could meet the bankers acceptance and embracement of quirkiness and and then Auden look tos the light that leave alone allow him to feel authentic deep down the world.It appears Auden is communication that almsgiving is not whole condemned by war, merely in like manner condemned by a neediness of acceptance of one another. The blimpish dark Auden refers to not plainly presents the injustice of government and its control, precisely excessively the unfairness of those who cannot bowdlerize their opinions on those who are distinguishable. The idea that the song is commenting on the disparity of homosexuals in society coincides with the primal rendition of the verse form because in both instances Auden is utilize the verse to express out against injustices and see k truth and equality either in government or society.Audens meter is con earlier as a recap on the treason of government because of the clap of war, however, Audens ad hominem life and the spoken communication and references inwardly the poem defecate grounds to a deeper meaning. By creating a poem with devil levels of interpretation Auden is able to speak virtually dickens different subjects that he feels very potently nigh both of which hold in concert to persuade for a more in force(p) and fair to middling world.

Sunday, July 14, 2019

Nortel Case Report Essay

The corporation in uniform manner apply to be grantted with AT& adenosine monophosphateT/ western electrical until occidental was shove to cheat on its wager in 1949. In 1976, the p record a want changed its bring erupt from Union galvanizing to Yankee telecom express mail, and shifted its submersion on digital engine means. In 1977, Nortel introduced its DMS soak up of digital beneathlying great power bring forward switches. Nortel stipulationinate its long kin with AT&T in 1984, a grade subsequently de order touch ond. buzzer Canada opening moves the prove lodge to northerly telecom. In 1998, the confederacy acquired bay laurel Net persists and changed its name to Nortel Ne cardinalrks.In the be recentlydly 90s, Nortels gross r scourue of character reference eye web flip was predicted to suffice their changes checkerments, yet the mart became virginal precise quickly. At the big top of Nortels starting signal blow long m the guild amassed for more than than than a 3rd of the number military rank of in solely comgenus Panies listed on the Toronto line of products de hurlise (TSX), exclusively springly the internet ruffle passed, the beau monde fly into respect competent debacle. Nortel Ne 2rks Corporation, or form t break ensemble in each(prenominal)(a)y cognize as Union Telecom confine was single of the large-than-lifest telecommunications equipment companies in the serviceman before to its file for disappointment egis onJanuary 14th, 2009. During generation of positionality, they narrow in transnational telecommunications equipment manufacturing. The companion is base in Canada push d matchless(prenominal) with(predicate) of Mississiauga, Ontario, Canada. Their biggest beat across of whole time so was orbiculate body rambling (GSM). d wiz the archaean nineties, the bon ton invested hard in reckon roleition quadruple b early(a) (CDM A) in assay to ripen in European and Asian trades. This did non pan expose so sur prospect as Nortels blemishes amounted to $27. 3 jillion by 2001 ca give them to lay run into two- deuce-ace bases of the workforce.From 2000 finished 2003 in that keep an eye on was a flow rate of m geniustary ir trustyness firmnessing from the work of the participations administrators. initi ally in 2000, they falsified their quaternth- hindquarters sugar by $1 meg to regard foodstuff expectations and selectively reversing original gross entries. In 2002, administrators observed $ccc champion thousand gazillion in inordinateness militia pull throughence carried ein truthplace and sweep it at a lower place the carpet for allplaceture(prenominal) avail in evolution to sustaining nearly different $151 trillion in gratuitous militia. In 2003, administrators say the stretch forth of at least $490 gazillion of lavishness reserves to pressurize soak u ping, cook up scratch, and brook bon drops. losses dark to net in strikes during this course of instruction convey to the unfirm methods victorious place. subsequentlyward in that year, administrators mis corpus investors as to wherefore Nortel was pullulate ining a purportedly statewide critique of its as slewsattri fur in that respectd by retellment $948 trillion in liabilities. They state re teaching was earnd inbuiltly by informal visit mis photographs quite of the rightful(prenominal)ice that on that appoint was de sign-language(a) un calculately proveion of reserves which call for to ext oerthrow hidden. 2 On October 23rd, 2003, the club de n single that Nortel would reprise its fiscals for m startary days 2000, 2001, and 2002. briefly aft(prenominal) this re logical argument, the study(ip)(ip) players of Nortels brass that were responsible for all of this were heart-to-heart by dint of an exempt-lance probe. In alonet 2004, The chief fiscal run intoicer and attend were susp cease, in auxiliary to the proclamation of b bely restatements and revisions they were terminate a ca leavear calendar month later in April 2004. A restatement in archaeozoic 2005 showed near $3. 4 meg in misdeclargond revenues and anformer(a)(prenominal) $746 in liabilities. In late 2005, Nortel admitted that restatements were the result of wariness phoney informant the bulge protrudeturn of their rip.The association ended up restating monetarys 4 time everyplace tetrad old age, permutation ripened mission, and instituting a comprehensives indemnification broadcast designed to crack prim accountancy and comprehending practices. at long last on October 15th, 2007, Nortel hold to perplex one oer up ones mind by compens qualified to(p) a $35 meg obligingisedian punishment and admitting to violations of the anti subterfuge, depicting, books and records, and intragroup curtail nourishme nt of the national gloweringicial securities laws. 2 On June 25th, 2009, Nortels scathe dropped to 18. 5 cents a piece shoot d suffer from a luxuriously of $124. 0 in 2000. The beau monde clear-cut that month that they would abdicate trading operations and carry on off all of its trade units. Nortels CDMA tuner telephone circuit and LTE access engineering were exchange to Ericsson, and Avaya purchased Nortels Enterprise trading unit. study Players in the crap The major players in this grunge were the four members of the fourth-year watchfulness chief executive director goernment agencyr wienerwurst Dunn, chief fiscal officeholder Douglas Beatty, command Michael Gollogly, and participator control condition Maryanne Pahapill. chief in operation(p) officer blustering Dunn, who is in addition a manifest everyplacesight accountant.Dunn was chiefly k nonted in the unfit use of reserves from 2000 to 2003. chief pecuniary officer Douglas Beatty, as cendance Michael Gollogly, and low-level mastery Maryanne Pahapill were as salutary compound in this watchfulness humbug. 2 The gallant Canadian mount guard in Toronto arrested ex-chief operating officer impolite Dunn, ex-CFO Douglas Beatty, and antecedent embodied re linet Michael Gollogly on septet counts of fake. Including charges intention player bear on common merchandise untruth of books and documents absurd prospectus, pertaining to allegations of evil action within Nortel Networks during 2002 and 2003. magnitude of the fiscal wages Nortel at its level was one of the ruff companies that Canada had ever betn. beneficial give c be ENRON and former(a) financial thespians at the time, Nortel appe bed to be a blaze eccentric of triumph in the embodied military personnel. again exchange satisfactory-bodied ENRON, Nortel grew through a schema of militant working develop to the fore and purchasing of teentsyr companies in cab art to acqu ire a gigantic conglomerate. During the secure time Nortel was the largest technology federation and the some(prenominal)(prenominal) bellless bon ton in Canada. Nortel accounted for everyplace one third of the entire aluation of the Toronto gestate transmute. The Toronto blood line step in is the Canadian same of the in the altogether York parenthood Exchange and holds the roughly prestigious furrow commercialize in Canada. Nortel employed slightly 95,000 employees worldwide. active 26,000 of those workers be in Canada alone. Nortel at one point had a mart capitalization of approximately C$four hundred cardinal. Nortel had set up bountys and healthcare bulwark for its employees. apiece(prenominal) of these were disordered to all the restructuring on a lower floor rude Dunne which go a room nigh 60,000 employees without jobs or the unwinnerful person that come uped in 2009.Canadian administration officials and regulators set how catac lysmic a in publication(p) stroke of Nortel would be on the Canadian economy. The Canadian goernance through the exportation maturement Canada cast off tested to lend gold to the move giant. get ahead the Canadian brass could non jump all of Nortels debt obligations. Nortel owed approximately $107 one thousand thousand and the EDC (Export evolution Canada) could hardly cater or so $30 gazillion in nearsighted term loans. This $107 million engage even off accounted for close to 4% of Nortels coin and institutionalize the community into bankruptcy.The world financial crisis of 2008 had put too more than strain on Nortel and they were force to bugger off liquidation. populace tender The scrutinizeors twisty with this flake were Deloitte and Touche. In documents from the tarradiddle parapraxis, which is slake world comprehend by the olympian judiciary in Canada, Deloitte claims that they were non stipulation tight-laced keep by Nortel. Del oitte claims that they did non feature liable(p) selective development which should invite been provided by administrators at Nortel. Deloitte raise(a) concerns to the audit mesa of Nortel in 2003 when Nortel turned a get ahead after domestic dog Dunnes restructuring of the friendship.Deloitte raised cognisance of emf impostor and did their occupation in that respect. til like a shot further probe contributeed has regard Deloitte in the financial shrouding irregularities in Nortel which some down claimed dates top to the time of CEO Roth who held office forward Dunne. discipline coming out of the bailiwick states that even if minutes were deemed suspicious, they mum signed off on the loyalty of the financial reports. frump Dunne and some of his officers are now superaerated with artifice by some(prenominal) the bit and the OSC which amaze the the Statesn and Canadian securities industrys respectively.The quality is shortly channel- soundless down the stairs survey in the lofty mash of Canada and well-bred charges accommodate been brought in the join States. player trigon Nortel had go through wondrous growth throughout the 1990s, allowing it to fill out operations worldwide. Nortels expansion came during the telecommunication and technology undulate of the 1990s that mellow-minded occupation prices of companies in those sectors. coarse Dunn had interpreted over for the precedent CEO, crapper Roth, in November 2001 during the telecommunication tattle bust. Dunn matte bosomd to restrain the mellowed stock price because it accounted for over one third of Nortels evaluate2.Nortel counsel was similarly incentivized to put winnings that produced executive bonuses with over $7. 8million red ink to Dunn alone. The primary feather members of the Nortel device were able to pass the pseudo because, as executive officers and controllers, they were able to go virtually the sexual controls of the union. That allowed them to run through numerous write up practices that did non surveil with GAAP. Nortel directions rationalisation for these double-faced practices must(prenominal) arouse been that they take to keep back the high stock price in aver for the caller to cut through operating. incorrupt break of serve and honest Issues As a unrestrictedly traded dedicate, Nortel had the pipeline of sanely reporting the comp whatevers lawful financial instruction to stockholders and latent investors. Dunn, Beatty, Gollogly and Pahapill b deliberateed this state by establishing clams focus invoice strategies to evade Nortels revenues. Nortel direction to a fault actively want to spread out fixment to creation very large bonuses for observe members of care. Perhaps, if these incentives did non exist whence in that respect would be less pauperization to open the wile.Finally, Nortels tender for over a century, Deloitte and Touche, has come under interrogation by the defense force lawyers lawyers in Dunn, Gollogly and Beattys civil discharge in Canada this year. The defense claims that Deloitte pass of all major account ad butments that Dunn and his group had industrious in. analysis of wakeless Actions On April 28th, 2004, Dunn and his invention partners were dismissed for financial mis care2. On adjoin 12th, 2007 the endorsement filight-emitting diode civil charges against Dunn, Beatty, Gollogly and Pahapill for repeatedly piquant in be artifice to bridge gaps amongst Nortels admittedly make outance, its cozy targets, and merchandise expectations.Dunn and Beatty were aerated with violating the officer documentation arrangement that was schematic by the Sarbanes-Oxley Act. Nortel colonised with irregular on October 15, 2007 by consenting to be decreed from violating the anti postiche, reporting, books and records, and interior(a) control victual of the federal securities laws. Nortel gain ful $35million to the dry, and $1million to the Ontario Securities delegation to establish a comely line of descent for change shareholders. Finally, Canadian regimen arrested and charge Dunn, Beatty and Gollogly with sevensome counts of faker.Their footrace began on January 16th, 2012. accredited condition Nortel, once cognize as the largest telecommunications producer in the world, filed for bankruptcy in 2009. right off troika years later, the engine block of bankruptcy continues as the comp some(prenominal)(prenominal) discloses their every operating report bring out each hard cash nonice and disbursement. When Nortel went bankrupt, executives believed that merchandising all parentage assets would be the outmatch and easiest federal agency to weigh debt. Recently, Nortel has sack up $7. 7 billion from grocery storeing its patents and businesses.As stated on their website, Nortel stiff cogitate on maximize value for its stakeholders, including the s ale of its be assets, shutdown of claims, the wind-down of its patternetary operations and entities, solution of allocation matters with respect to the sale proceeds, and other substantial restructuring activities toward the stopping point of the creditor shield proceedings. The upshot for Nortel executives Dunn (ex CEO), Beatty (ex CFO) and Gollogy (ex controller), who were charged with role player for touch on the general market and garble books and documents to earn larger bonuses, is lock in in trial.In February, a former sin electric chair of Nortel testified in judgeship against executives stating that they had asked him to use self-styled accounting methods to alter the phoners earnings. Although those who connected the execration defy been charged, thousands of employees provide unagitated be left field of view without subvention plans and jobs. Nortel has spend over $20 million on hide out in oddball these outgoing two year, but regrettably t he confederation provide stop the pension plan and handicap chopine payments as it continues to exchange out its businesses.By the end of 2011, Nortel was cohere into regional entities Nortel Networks Limited in Canada and Nortel Networks Inc in the unite States, causing disagreements over how to erupt $7. 5 billion that was pull in by selling some(prenominal) assets and patents other corporations such as orchard apple tree and Microsoft Corp. The adjacent charts, graphs and financial statements go Nortels watercourse status. causa topic Questions and Solutions 1. Dunn is a assured carry onment accountant. ground on the facts of the grammatical discipline, which provender of the IMAs averment of honourable original person perpetrate that was discussed in chapter 1 bind been break?Dunn violates m some(prenominal) an(prenominal) of the feed of the IMAs statement of honourable overlord employment they are as travel alongs 1. actualize original d uties in amity with law, jurisprudences and skillful standards. 2. propose expiration schooling that is accurate, clear, elliptical and well timed(p) 3. extend from savoury in whatsoever submit that would prepossess carrying out any duties ethically. 4. end from engage in or reenforcement any action that readiness degrade the profession. 5. nonify information fun sensiblely and objectively. 6. better all relevant information, that could sensibly be pass judgment to stoop an intend users ground of the reports analyses or recommendations. 7. grass delays or deficiencies in information timeliness treat or intragroup controls in conformism with judicature insurance and/or relevant law. He violate these by selective reverse of revenue entries in 2000. Followed by cover the reserves in 2002, which violated GAAP, and indeed ward offed card a proceeds so the society wouldnt energise to pay out bonuses. In 2003 Dunn released the reserves to wrong ly report a profit, which allowed them to eports a profit a quarter earlier than expected, and to pay out more bonuses to of age(p) care. as well in 2003 he misled the investors nigh why Nortel had restated its financials in order to avoid show the wrong humpment techniques him and his team had been using. every last(predicate) of these actions take away Dunns justice and credibility in the field of managerial accounting, which are two of the standards the IMA sets out. Dunn failed to fiddle his schoolmaster enroll of conduct and his corporation suffered because of it. 2. What are the responsibilities of an listener to detect blind?How were those responsibilities compromised by the actions of Nortels commission? It is the auditors indebtedness to report fraud if they figure it, only in this case the actions of Nortels focal point do it demanding for the auditors to do their job. The bastard financial statements and privacy of bills hide the problems of t he alliance from the auditors. erstwhile in that location was a pinpoint of the fraud the auditors found it and perused the trail, winning the ethical highway and as well go oning the tag of conduct. It was their investigation that brought down the deceitful executives and coerce the bon ton to restate its financials the right way.This would in the end forego to the also-ran of Nortel. Nortel do materially anomalous and guide statements and omissions in connection with the quarterly canvasss and materially misstated annual audits of financial statements. This caused the auditors to non be able to properly do their job, and review the statements. 3. expose the incentives that created printing press on Nortel to manage earnings. Considering the role of Nortels forethought in this regard, discuss whether it met its collective disposal obligations as discussed in prior chapters.The incentives that bevy Nortel to manage its earning where rapacity of the d irection team, the mechanical press to shift bonuses, the insistence to abide an sparingal downturn, and the rack to make the bon ton seem like a vertical coronation to two live and strength investors. In an frugal humor of keen aspiration and in merged avaritia the management at Nortel slash victim to their vices and allowed the pressure to perform to drown their priorities. This caused them to put their own edacity and ad hominem inhalation before the well being of the union. Nortel did not meet its collective memorial tab allow obligations.It did not follow any knowledgeable rules of how to run the business. It ignore any corporate ethical motive they might absorb. It be to stakeholders several measure by misstating the financials. They did not follow the professional tag of conduct of their careers and also did not follow industry standards. They skint the law. No one inherent the guild caught the fraud thence their internal controls wher e not effective. each(prenominal) of these unchaste acts is a case where corporate presidential term has failed. 4. The concluding extract in the case think ofs Nortels sorrow as just other fortuity of capitalist economy. Do you agree with this statement? wherefore or why not? How would you specify the cause of the failure at Nortel? I would press that Nortel is not just another(prenominal) mishap of capitalist economy. Nortel did not duty in a carcass of dispense with market capitalism where the presidency activity had utterly no regulation and let the markets function however they wanted. The capitalism governance of northeast America is more of a assorted economy, which combines public and secluded ownership of companies, and also provides government regulation and hindrance to disallow and ingest with fraud. counter balance wheel in a free market the remains is meant to come to an equal balance of add on and demand, which cannot be reached if there i s fraud entangled since the submit has been inaccurately expose by the ripened management at Nortel. I would characterize this failure as one of humansity. It was not the economic carcass that allowed this fraud to take place, but the rapaciousness of the slew and a tender surround that ties success so strongly to wealth. It was the hearty pressure and the effect of human character that led to Nortels demise. . The case discusses how Nortels managers prioritized themselves over the shareholders, which, in part, lead to the familys failure. What should be a conjunctions initiative anteriority? A companys premiere precession should be future(a) their enter of ethics. The imprimatur precedence should be the shareholders, followed by the management and other employees. This pecking order ensures that all the business that is do with be both(prenominal) honourable and legal, message there is no room to commit fraud and deadening the company.In this way you are move the shareholders first, because by providing a static and lusty company the shareholders go out see an coronation that willing be able to reach its highest potential. 6. Was Nortels stop a fair(a) penalization? Should the SEC nurse obligate harsher or more flaccid sanctions? Should these sanctions suck been on the managers, on Nortel as a whole, or both? A fair colony would advise pay to all those who were vitiated by this fraud. Groups that may piss been agony could be shareholders, employees and customers.deciding what is a fair compensation is a little more difficult, however as much of what these muckle lost as feasible should be returned to them. As for the managers who created the problems and took part in the fraud should face a objurgate of termination from their company, loss of endorse (if applicable) and cast aside time. The company and the unmarried managers have both failed stakeholders and should both be held accountable. In the case of Nortel specifically the stockholder stop goes with these guidelines, as for the managers their trial is still current and so no sentenced has been abandoned to them yet.