Statement of work Essay Example | Topics and Well Written Essays - 750 words

Statement of work - Essay Example The firm has an annual budget of four million dollars and employs a staff of about 50 employees. Salaries, benefits, and rent constitute nearly 80% of the $4 million dollar budget. Objective The objective is to carry out a financial annual audit of the Purchaser’s resources in accordance with the rules and principles set by the government. Also, the Contractor shall analyze and evaluate the internal control. All the basic financial statements have to be audited by the Contractor that present the Purchaser’s revenues, expenses, and balance. All the currencies shall be expressed in US Dollars including the statements, schedules and the cost rates. Scope The Contractor shall supply all the labor, resources, services that are necessary to perform the annual audit of the Purchaser. An audit of the Purchaser’s financial statements should be performed by the Contractor in accordance with the generally accepted rules and standards laid down by the government for auditing . For the above requirements to be met, the Contractor shall use the guidance provided by the President’s Council to assist the auditing. The Contractor must examine the financial statements that include the revenues received from programs that have been funded by the Purchaser’s company. ... If the financial systems require the application of any information systems then the Contractor shall obtain an understanding of the working of the system considering the internal control and carry out tests to make sure that the system is functioning as intended. In the case of non-operational controls, the Contractor shall also provide evidence to support why any control is not functioning as it should, and shall provide recommendations to improve the system. The above standards shall also be followed by the Contractor while preparing reports including an opinion report, internal control report and reports analyzing the conformity with rules and regulations. Requirements for Financial Audits The Audit Performance: An audit of all the financial statements of the Purchaser’s company shall be performed by the Contractor according to auditing principles laid down by the government and based on the guidance issued by the government relating auditing requirements. The same standar ds shall be followed while preparing reports and other documentations. All the reports shall be incorporated in one Performance Report that shall be received by October 15th, 2013. Documentation: The annual financial audit documentation must include: a) A formal work plan including a schedule for completing the audit at each step, the staff that have been assigned for the audit, and a schedule of the site visits. b) An evaluation of the risks including general risk, control risk, fraud risk and so on. c) The set of audit procedures being followed d) The testing plans e) A memo summarizing the conclusions reached on the findings Internal Control Requirements An understanding of the internal controls shall be acquired in order to plan the audit. A detection risk should be

Year of Impossible Goodbyes by Sook Nyul Choi Book Review Essay Example for Free

Year of Impossible Goodbyes by Sook Nyul Choi Book Review Essay Sook Nyul Choi has written a heart-breaking book about love, brutal, loss, and the agonized life of a little girl, named Sookan, and her family. She has titled it Year of Impossible Goodbyes. The story has a lot of sacrifices and decisions that were hard to make, like this one, â€Å"Please, I beg of you, let’s not waste time talking about my [Aunt Tiger] coming along anymore† (Choi 125). It is a true story based on her experience under the dictatorship of the Japanese Imperial Government during World War II. After the war ended and the Japanese lost, Russia sent troops into Northern Korea to accept the surrender of the Japanese. As the Russian Communists occupy North Korea and threaten Korean civilians, Sookan, the narrator, faces the Japanese, the Russians, and her fight into South Korea. After I read this marvelous novel it reminded me of my family; I assure you it is one of my favorite books, and while I read this book, I learned that I could have different emotions! The novel reminded me of my family because they are always with me while Sookan’s parents, from time to time, were apart from her. Her Grandfather had always reminded them â€Å"Harmony will prevail, after darkness there will be light, yet we cannot have the light without the dark. Better days are bound to come now† as Cabuco 2 some of the family members were away (Choi 46). When I used to be alone at home with my grandfather, he used to tell me something similar to this about always sticking together, but when alone do not lose hope. Inchun reminds me of myself when I was small, because I used to follow my brothers everywhere, and I used to annoy them by whining and crying. This novel became one of my favorite novels because it taught me about pain, sacrifices, and loss. I could feel the pain Sookan went through as I read â€Å"I eard the dogs drawing closer and I thrust my body under the wire. The barbs dug into me. My hair was caught, my clothes ripped, and I could feel the blood pooling in the cuts on my back† (Choi 164). Therefore, they had a lot of sacrifices of leaving their homeland, friends, and the precious things of grandfather. They even lost Kisa, Aunt Tiger, the sock girls, and Unhi. As Sookan says herself â€Å"I wouldnt have lost so much if it werent for the Japanese† (F. , Anna). This statement is actually true because without the sacrifices and losses, they would not have made it for freedom. I also like this book because I think not many books are written about wars whose author has experienced it, but this book was. As I read this novel, I learned that I could have different emotions. At first, I thought it was boring since it had a lot of details and the first chapter was long, but as this story gets to its plot, I got interested as Sookan’s feelings are being expressed. â€Å"Can you blame them? How are they to know there’s anything better? Your Americans aren’t here. I [Aunt Tiger] heard they’re in Japan helping the Japanese! They’re nearby now, but they just don’t care about us,† I felt helpless, annoyed, and disappointed about the situation for being abandoned as I read this quote (Choi 106). I was getting irritated by how brutal the Japanese and Cabuco 3 Russians were treating the Koreans. I felt really annoyed by Inchun’s whining, crying, and complaining. As Sookan and Inchun arrived at their home in South Korea, I felt really lugubrious that they did not find their mother there, as they hoped they would. I felt really happy that they finally reached the South. I also like how the author’s choice of words, as they can really give the reader, like myself, vivid imageries and different emotions. I have no words to explain what I think about this novel, but I can assure that it has become one of my favorite books. As I was reading this novel till the very end, I found myself with different emotions. It reminded me of my parents and I felt so blessed that they were always with me. It is really easy to have a favorite book, but it is hard to know what it has really taught me. This book has really inspired me, that is why it has become one of my favorite books. The author has great choice of words that filled me with different emotions. Above all, I would rate it nine point five out of ten, because ten is reserved for the best book and I was quite bored to it until the novel got to its plot. I really like the part about understanding the life at war from someone, like the author, who has experienced it. I would recommend this book to everyone, especially to the little ones as they know very little about life at war. After reading this novel, the reader will feel really inspired by this wonderful novel from the author who has experienced it all.

Essay --

Kierra Spaulding Media Criticism 3/11/2014 Professor Seong Min Reaction Paper: Killing Us Softly 4 I agree a great deal with the films idea of the media distorting the images of women. In the beginning of the film Jean Kilbourne states that, â€Å"the average American is exposed to over 3,000 ads every single day†. Thus, the advertising industry has the power to impact our outlook on many things in society including women. The issue is that advertisers are not looking out for our best interest; their main goal is to increase profit. As a result, individuals are physically, mentally, and emotionally affected by our culture’s unrealistic ideal image of beauty. I believe that we are constantly presented with this falsehood in the media about loving our bodies; only if our bodies are conveniently situated in what society finds attractive. For example, back in 2010, Victoria’s Secret launched the â€Å"Love Your Body† campaign. While it is very important to encourage everyone to love their body, the women depicted in the campaign all have the same body type. There is nothing wrong with their body type which is considered very slender, tall, long legs, and toned. The issue is that this is the only body presented in the campaign which makes women with other body types feel inferior and not of value. To this day, Victoria’s Secret still chooses to use this particularly slender body type to advertise their lingerie and such. Contrary to Victoria’s Secret, Dove started â€Å"The Dove Campaign for Real Beauty† in 2004. The campaign was started due to the fact that it was necessary to broaden the idea of beauty because it had become limiting and unattainable. The campaign included women of all different sizes as opposed to Victor... ...le more aware of these issues. However, the problems are still not being fixed. In fact, due to the unrealistic ideals of what a women’s body should look like, there are an enormous number of girls starting as young as 6 who hate their bodies to the extent of skipping dinner. Females are driven to the point of anorexia, bulimia, as well as binge eating. Women go on extreme diets that are not realistic to stay healthy causing them to go on excessive binges which in return are even worse. The statement â€Å"If looks could kill† can actually be taken literally because women are trying to â€Å"look† the part while unfortunately killing themselves emotionally, mentally, and physically. Sources Dove Campaign http://www.dove.us/social-mission/campaign-for-real-beauty.aspx Victoria’s Secret Campaign http://www.huffingtonpost.com/2010/03/01/victorias-secret-launches_n_480435.html

Last Sacrifice Chapter Twenty-four

CONSIDERING THEIR EARLIER antagonism, I was a bit surprised to see Sonya and Robert combine their powers to create an illusion for the Dashkov brothers. It obscured their appearances, and with the addition of some fake names, the Mastrano family just assumed the guys were part of our increasingly bizarre entourage. Considering the distress and upheaval already going on in the house, a couple more people seemed the least of the Mastranos' worries. In playing good Moroi hosts, it wasn't enough to just cook up dinner. Emily also managed to get a feeder to come by–a sort of â€Å"blood delivery service.' Normally, Moroi who lived outside sheltered areas and intermingled among humans had access to secret feeders living nearby. Usually, these feeders had a keeper of sorts, a Moroi who made money off the service. It was common for Moroi to simply show up at the home of the feeder's â€Å"owner,' but in this case, Emily had made arrangements for the feeder to be brought to her house. She was doing it as a courtesy, the kind she'd do for any Moroi guests–even ones who were delivering news she'd dreaded receiving for most of her life. Little did she know just how desperately welcome blood was to the Moroi we'd brought along. I didn't mind the brothers suffering a little weakness, but Sonya definitely needed blood if she was going to continue her recovery. Indeed, when the feeder and her keeper showed, Sonya was the first to drink. Dimitri and I had to stay out of sight upstairs. Sonya and Robert could only manage so much spirit-illusion, and hiding Robert and Victor's identities from the feeder's Moroi was imperative. Obscuring both me and Dimitri would have been too much, and considering our most-wanted status, it was essential we not take any risks. Leaving the brothers unsupervised made Dimitri and me nervous, but the two of them seemed too desperate for blood to attempt anything. Dimitri and I wanted to clean up anyways, since we hadn't had time for showers this morning. We flipped a coin, and I got to go first. Only, when I finished and was rummaging through my clothes, I discovered I'd gone through my clean â€Å"casual wear' supply and was down to the dress Sydney had included in the backpack. I grimaced but figured it wouldn't hurt to put the dress on for one night. We wouldn't be doing much more than waiting around for tomorrow's departure, and maybe Emily would let me do laundry before we left. After decent hair styling with a blow dryer, I finally felt civilized again. Sydney and I had been given a guestroom to share, and the brothers occupied another. Sonya was going to stay in Jill's room, and Dimitri had been offered the couch. I didn't doubt for a second he'd be stalking the halls as the household slept and that I'd be trading shifts with him. For now, he was still showering, and I crept out into the hall and peered down over a railing to check out the first floor. The Mastranos, Sonya, and the brothers were all gathered with the feeder and her keeper. Nothing seemed amiss. Relieved, I returned to my room and used the downtime to check on Lissa. After the initial excitement of passing her test, I'd felt her calm down and had assumed she was getting much-needed sleep. But, no. She hadn't gone to bed. She'd taken Eddie and Christian over to Adrian's, and I realized she was the one who'd woken him up from the dream I'd shared with him in the car. A skimming of her recent memories gave me a replay of what had happened since the time he left me and staggered to his door. â€Å"What's going on?' he asked, looking from face to face. â€Å"I was having a good dream.' â€Å"I need you,' said Lissa. â€Å"I hear that from women a lot,' said Adrian. Christian made a gagging sound, but the faintest glimmer of a smile crossed Eddie's lips, despite his otherwise tough guardian- stance. â€Å"I'm serious,' she told him. â€Å"I just got a message from Ambrose. He's got something important to tell us, and †¦ I don't know. I'm still not certain of his role in everything. I want another set of eyes on him. I want your opinion.' â€Å"That,' Adrian said, â€Å"is not something I hear a lot.' â€Å"Just hurry up and get dressed, okay?' ordered Christian. Honestly, it was a wonder anyone slept anymore, considering how often we were all pulled out of sleep. Adrian nonetheless did dress quickly, and despite his flippant comments, I knew he was interested in anything related to clearing my name. What I was uncertain of was whether he'd tell anyone about the mess I'd gotten myself into, now that I'd slipped and revealed some of my true activities. My friends hurried over to the building they'd visited before, the one where Ambrose lived and worked. The Court had woken up, and people were out and about, many undoubtedly wanting to find out about the second monarch test. In fact, a few people catching sight of Lissa called out happy greetings. â€Å"I had another trial tonight,' Lissa told Adrian. Someone had just congratulated her. â€Å"An unexpected one.' Adrian hesitated, and I waited for him to say he'd already heard that from me. I also waited for him to deliver the shocking news about my current company and whereabouts. â€Å"How'd it go?' he asked instead. â€Å"I passed,' she replied. â€Å"That's all that matters.' She couldn't bring herself to tell him about the cheering people, those who didn't just simply support her because of the law but because they actually believed in her. Tasha, Mia, and some surprise friends from school had been among the onlookers, grinning at her. Even Daniella, there to wait for Rufus's turn, had grudgingly congratulated Lissa, seeming surprised Lissa had made it through. The whole experience had been surreal, and Lissa had simply wanted to get out of there. Eddie had gotten pulled away to assist other guardians, despite his protests that he was Lissa's escort. So, Christian and Tasha had ended up having to take Lissa home alone. Well, almost alone. A guardian named Ethan Moore joined them, the one Abe had teased Tasha about. Abe exaggerated some things, but he'd been right this time. Ethan looked as tough as any guardian, but his kickass attitude occasionally faltered whenever he looked at Tasha. He adored her. She clearly liked him too and flirted along the way–much to Christian's discomfort. I thought it was cute. Some guys probably wouldn't go near Tasha because of her scars. It was nice to see someone who appreciated her for her character, no matter how disgusted Christian was by the thought of anyonedating his aunt. And I actually kind of liked seeing Christian so obviously tormented. It was good for him. Ethan and Tasha left once Lissa was securely back in her room. Within minutes, Eddie showed back up, grumbling about how they'd delayed him with some â€Å"crap task' when they knew he had better things to do. He'd apparently made such a fuss that they'd finally released him, so he could hurry back to Lissa's side. He made it just ten minutes before Ambrose's note arrived, which was lucky timing. Eddie would have freaked out if he'd come to her room and found her gone. He would have thought Strigoi had kidnapped his charge in his absence. That was the series of events leading up to what was happening now: Lissa and the three guys going off to Ambrose's secret meeting. â€Å"You're early,' he said, letting them in before Lissa could even knock a second time. They stood inside Ambrose's own room now, not a fancy parlor for clients. It resembled a dorm room–a very nice one. Much nicer than anything I'd endured. Lissa's attention was all on Ambrose, so she didn't notice, out of the corner of her eye, Eddie quickly scanning the room. I was glad he was on his game and guessed he didn't trust Ambrose–or anyone not in our immediate circle. â€Å"What's going on?' asked Lissa, as soon as Ambrose shut the door. â€Å"Why the urgent visit?' â€Å"Because I have to show you something,' he said. On his bed was a pile of papers, and he took the top one. â€Å"Remember when I said they were locking off Tatiana's belongings? Well now they're inventorying and removing them.' Adrian shifted uncomfortably–again, only something I noticed. â€Å"She had a safe where she kept important documents–secret ones, obviously. And †¦' â€Å"And?' prompted Lissa. â€Å"And, I didn't want anyone to find them,' Ambrose continued. â€Å"I didn't know what most of them were, but if she wanted them secret †¦ I just felt they should stay that way. I knew the combination, and so †¦ I stole them.' Guilt shone on his face, but it wasn't murderous guilt. It was guilt for the theft. Lissa eyed the stack eagerly. â€Å"And?' â€Å"None of them have anything to do with what you're looking for †¦ except maybe this one.' He handed her the piece of paper. Adrian and Christian crowded around her. Darling Tatiana, I'm a bit surprised to see how these latest developments have unfolded. I thought we had an understanding that the safety of our people required more than just bringing in a younger crop of guardians. We have let too many of them go to waste, particularly the women. If you took actions to force them back–and you know what I'm talking about– the guardian ranks would swell. This current law is completely inadequate, particularly after seeing how your â€Å"training' experiment failed. I'm equally shocked to hear that you are considering releasing Dimitri Belikov from his guards. I don't understand exactly what happened, but you cannot trust mere appearances. You may be unleashing a monster–or at the very least, a spy–in our midst, and he needs to be under much stricter guard than he currently is. In fact, your continued support of the study of spirit is troubling altogether and no doubt led to this unnatural situation. I believe there is a reason this element was lost to us for so long: our ancestors realized its danger and stamped it out. Avery Lazar stands as proof of that, and your prodigy, Vasilisa Dragomir, is certain to follow. In encouraging Vasilisa, you encourage the degradation of the Dragomir line, a line that should be allowed to fade into history with honor and not the disgrace of insanity. Your support of her may also put your own great-nephew at risk, something neither of us would like to see happen. I'm sorry to burden you with so much condemnation. I hold you in the highest regard and have nothing but respect for the way you have so skillfully governed our people these long years. I'm certain you will soon come to the appropriate decisions–though I worry others may not share my confidence in you. Said people might attempt to take matters into their own hands, and I fear for what may follow. The letter was typed, with no signature. For a moment, Lissa couldn't process it as a whole. She was completely consumed by the part about the Dragomir line fading into disgrace. It hit too close to the vision she'd seen in the test. It was Christian who pulled her back. â€Å"Well. It would seem Tatiana had enemies. But I guess that's kind of obvious at this point in the game.' â€Å"Who's this from?' demanded Adrian. His face was dark, furious at this thinly veiled threat to his aunt. â€Å"I don't know,' said Ambrose. â€Å"This is exactly the way I found it. Maybe she didn't even know who the sender was.' Lissa nodded her agreement. â€Å"There's certainly an anonymous feel to it †¦ and yet, at the same time, I feel like it's someone Tatiana must have known well.' Adrian gave Ambrose a suspicious look. â€Å"How do we know you didn't just type this yourself to throw us off?' â€Å"Adrian,' chastised Lissa. She didn't say it but was hoping to urge Adrian to feel out Ambrose's aura for anything she might not be able to detect. â€Å"This is crazy,' said Christian, tapping the piece of paper. â€Å"The part about rounding up dhampirs and forcing them to be guardians. What do you think that means–the â€Å"actions' that Tatiana knows about?' I knew because I'd been tipped off about a lot of this earlier. Compulsion, Tatiana's note had said. â€Å"I'm not sure,' said Lissa. She reread the letter to herself. â€Å"What about the â€Å"experiments' part? Do you think that's the training sessions Grant did with Moroi?' â€Å"That was what I thought,' said Ambrose. â€Å"But I'm not sure.' â€Å"Can we see the rest?' asked Adrian, gesturing to the stack of papers. I couldn't tell if his suspicion was legitimate distrust of Ambrose or just the result of how upset his aunt's murder made him. Ambrose handed over the papers, but after going through the pages, Lissa agreed: there was nothing of use in them. The documents mostly consisted of legalese and personal correspondence. It occurred to Lissa–as it had to me–that Ambrose might not be showing everything he'd found. There was no way to prove that for now. Stifling a yawn, she thanked him and left with the others. She was hoping for sleep, but her mind couldn't help but analyze the letter's possibilities. If it was legitimate. â€Å"That letter's evidence that someone had a lot more reason to be pissed off at Tatiana than Rose did,' observed Christian as they wound their way back upstairs toward the building's exit. â€Å"Aunt Tasha once said that anger based on calculated reason is more dangerous than anger based on blind hate.' â€Å"Your aunt's a regular philosopher,' said Adrian wearily. â€Å"But everything we've got is still circumstantial.' Ambrose had let Lissa keep the letter, and she'd folded it and put it in her jeans pocket. â€Å"I'm curious what Tasha will have to say about this. And Abe too.' She sighed. â€Å"I wish Grant was still alive. He was a good man–and might have some insight into this.' They reached a side exit on the main floor, and Eddie pushed the door open for them. Christian glanced over at Lissa as they stepped outside. â€Å"How close were Grant and Serena–‘ Eddie moved a fraction of a second before Lissa saw the problem, but of course, Eddie would have already been watching for problems. A man–a Moroi, actually–had been waiting among trees in the courtyard that separated Ambrose's building from the neighboring one. It wasn't exactly a secluded spot, but it was far enough off of the main paths that it often stayed deserted. The man moved forward and looked startled when he saw Eddie racing toward him. I was able to analyze the fight in a way Lissa couldn't. Judging by the man's angle and movement, he'd been heading for Lissa–with a knife in his hand. Lissa froze in fear, an expected reaction for someone not trained to react in this situation. But when Christian jerked her back, she came to life and quickly retreated with him and Adrian. The attacker and Eddie were deadlocked for a moment, each trying to take the other down. I heard Lissa yell for help, but my attention was all on the fighters. The guy was strong for a Moroi and his maneuvers suggested he'd been trained to fight. I doubted, however, that he'd been trained since elementary school, nor did he have the muscle a dhampir did. Sure enough, Eddie broke through and forced the guy to the ground. Eddie reached out to pin the man's right hand and get the knife out of the equation. Moroi or not, the man was actually quite skilled with the blade, particularly when I (and probably Eddie too) noticed scarring and what looked like a bent finger on his left hand. The guy had probably gone to great extents to hone his knife-hand's reflexes. Even restrained, he was still able to snake up with the blade, aiming unhesitatingly for Eddie's neck. Eddie was too fast to let that happen and blocked the blow with his arm, which took the blade's cut. Eddie's block gave the Moroi a bit more room to move, and he bucked up, throwing Eddie off. Without missing a beat–really, this guy was impressive–the Moroi swung for Eddie again. There could be no doubt about the man's intentions. He wasn't holding back. He was there to kill. That blade was out for blood. Guardians knew how to subdue and take prisoners, but we'd also been trained that when things were moving too fast, when it was an us-or-them situation–well, we made sure it was them. Eddie was faster than his opponent and was being driven by instincts pounded into us for years: stop what was trying to kill you. Eddie had no gun or knife, not at Court. When the man came at him a second time, knife again pointed straight at Eddie's neck, Eddie used the only weapon left that he could be sure would save his life. Eddie staked the Moroi. Dimitri had once jokingly commented that you didn't have to be Strigoi to be hurt by a stake through your heart. And, let's face it, a stake through the heart didn't actually hurt. It killed. Tatiana was proof. The man's knife actually made contact with Eddie's neck– and then fell before piercing skin. The man's eyes went wide in shock and pain and then saw nothing at all. He was dead. Eddie leaned back on his heels, staring at his victim with the adrenaline-charged battle lust that followed any situation. Shouting suddenly caught his attention, and he leapt to his feet, ready for the next threat. What he found was a group of guardians, ones who had responded to Lissa's earlier cries for help. They took one look at the scene and immediately acted on and the conclusions their training drove them to. There was a dead Moroi and someone holding a bloody weapon. The guardians went for Eddie, throwing him against the wall and prying his stake away. Lissa shouted to them that they had it all wrong, that Eddie had saved her life and– â€Å"Rose!' Dimitri's frantic voice shocked me back to the Mastrano house. I was sitting on the bed, and he knelt before me, face full of fear as he gripped my shoulders. â€Å"Rose, what's wrong? Are you okay?' â€Å"No!' I pushed him aside and moved toward the door. â€Å"I have to–I have to go back to Court. Now. Lissa's in danger. She needs me.' â€Å"Rose. Roza. Slow down.' He'd caught hold of my arm, and there was no escaping from that grip. He turned me so I faced him. His hair was still damp from the shower, and the clean scent of soap and wet skin surrounded us. â€Å"Tell me what happened.' I quickly repeated what I'd seen. â€Å"Someone tried to kill her, Dimitri! And I wasn't there!' â€Å"But Eddie was,' said Dimitri quietly. â€Å"She's okay. She's alive.' He released me, and I leaned wearily against the wall. My heart was racing, and even though my friends were safe, I couldn't shake my panic. â€Å"And now he's in trouble. Those guardians were pissed–‘ â€Å"Only because they don't know the whole story. They see a dead body and a weapon, that's it. Once they get facts and testimonies, everything will be okay. Eddie saved a Moroi. It's his job.' â€Å"But he killed another Moroi to do it,' I pointed out. â€Å"We're not supposed to do that.' It sounded like an obvious–and even stupid–statement, but I knew Dimitri understood what I meant. The guardians' purpose was to protect Moroi. They come first. Killing one was unimaginable. But then, so was them trying to kill each other. â€Å"This wasn't a normal situation,' Dimitri affirmed. I tipped my head back. â€Å"I know, I know. I just can't stand leaving her undefended. I want so badly to go back and keep her safe. Right now.' Tomorrow seemed years away. â€Å"What if it happens again?' â€Å"Other people are there to protect her.' Dimitri walked over to me, and I was surprised to see a smile on his lips, in light of the grim events. â€Å"Believe me, I want to protect her too, but we'd risk our lives for nothing if we take off right now. Wait a little longer and at least risk your life for something important.' A little of the panic faded. â€Å"And Jill is important, isn't she?' â€Å"Very.' I straightened up. Part of my brain kept trying to calm me about Lissa's attack while the other fully processed what we'd accomplished here. â€Å"We did it,' I said, feeling a smile slowly spread to my own lips. â€Å"Against all reason †¦ somehow, we found Lissa's lost sister. Do you realize what this means? Lissa can have everything she's entitled to now. They can't deny her anything. Hell, she could be queen if she wanted. And Jill †¦' I hesitated. â€Å"Well, she's part of an ancient royal family. That's got to be a good thing, right?' â€Å"I think it depends on Jill,' said Dimitri. â€Å"And what the after-effects of all this are.' Guilt over potentially ruining Jill's life returned, and I stared down at my feet. â€Å"Hey, it's okay,' he said, tilting my chin back up. His brown eyes were warm and affectionate. â€Å"You did the right thing. No one else would have tried something this impossible. Only Rose Hathaway. You took a gamble to find Jill. You risked your life by breaking Abe's rules–and it paid off. It was worth it.' â€Å"I hope Adrian thinks so,' I mused. â€Å"He thinks me leaving our â€Å"safe house' was the stupidest thing ever.' Dimitri's hand dropped. â€Å"You told him about all this?' â€Å"Not about Jill. But I accidentally told him we weren't in West Virginia anymore. He's kept it secret, though,' I added hastily. â€Å"No one else knows.' â€Å"I can believe that,' said Dimitri, though he'd lost some of his earlier warmth. It was such a fleeting thing. â€Å"He †¦ he seems pretty loyal to you.' â€Å"He is. I trust him completely.' â€Å"And he makes you happy?' Dimitri's tone wasn't harsh, but there was an intensity to it that put the exchange on par with a police interrogation. I thought about my time with Adrian: the bantering, the parties, the games, and of course, the kissing. â€Å"Yeah. He does. I have fun with him. I mean he's infuriating sometimes–okay, a lot of the time–but don't be fooled by all the vices. He's not a bad person.' â€Å"I know he isn't,' said Dimitri. â€Å"He's a good man. It's not easy for everyone to see, but I can. He's still getting himself together, but he's on his way. I saw it in the escape. And after †¦' The words caught on Dimitri's tongue. â€Å"After Siberia, he was there for you? He helped you?' I nodded, puzzled by all these questions. Turns out they were only the warm-up for the big one. â€Å"Do you love him?' There were only a few people in the world who could ask me such insanely personal questions without getting punched. Dimitri was one of them. With us, there were no walls, but our complicated relationship made this topic surreal. How could I describe loving someone else to a man I'd once loved? A man you still love, a voice whispered inside my head. Maybe. Probably. Again, I reminded myself that it was natural to carry lingering feelings for Dimitri. They would fade. They had to fade, just like his had. He was the past. Adrian was my future. â€Å"Yeah,' I said, taking longer than I probably should have. â€Å"I †¦ I do love him.' â€Å"Good. I'm glad.' The thing was, Dimitri's face didn't look all that glad as he stared blankly out the window. My confusion grew. Why was he upset? His actions and words no longer seemed to match lately. I approached him. â€Å"What's wrong? â€Å"Nothing. I just want to make sure that you're okay. That you're happy.' He turned back to me, putting on a forced smile. He'd spoken the truth–but not the whole truth. â€Å"Things have been changing, that's all. It's making me reconsider so much. Ever since Donovan †¦ and then Sonya †¦ it's strange. I thought it all changed the night Lissa saved me. But it didn't. There's been so much more, more to the healing than I realized.' He started to slip into pensive mode but caught himself. â€Å"Every day I figure out something new. Some new emotion I'd forgotten to feel. Some revelation I totally missed. Some beauty I didn't see.' â€Å"Hey, my hair in the alley does not go on that list, okay?' I teased. â€Å"You were in shock.' The forced smile grew natural. â€Å"No, Roza. It was beautiful. It's beautiful now.' â€Å"The dress is just throwing you off,' I said, attempting a joke. In reality, I felt dizzy under his gaze. Those dark, dark eyes looked at me–really looked at me, I think, for the first time since he'd entered the room. A mixed expression came over him that made no sense to me. I could pick out the emotions it contained but not what caused them. Awe. Wonder. Sadness. Regret. â€Å"What?' I asked uneasily. â€Å"Why are you looking at me like that?' He shook his head, the smile rueful now. â€Å"Because sometimes, a person can get so caught up in the details that they miss the whole. It's not just the dress or the hair. It's you. You're beautiful. So beautiful, it hurts me.' I felt a strange fluttering sensation in my chest. Butterflies, cardiac arrest †¦ it was hard to say what exactly. Yet, in that moment, I was no longer standing in the Mastrano guestroom. He'd said those words before, or something very close. So beautiful, it hurts me. It was back in the cabin at St. Vladimir's, the one and only time we'd had sex. He'd looked at me in a very similar way, too, only there'd been less sadness. Nonetheless, as I heard those words again, a door I'd kept locked in my heart suddenly burst open, and with it came all the feelings and experiences and sense of oneness we'd always shared. Looking at him, just for the space of a heartbeat, I had a surreal sensation wash over me, liked I'd known him forever. Like we were bound †¦ but not in the way Lissa and I were, by a bond forced on us. â€Å"Hey, guys, have you–oh.' Sydney came to a halt in the half-open doorway and promptly took two steps back. â€Å"Sorry. I–that is–‘ Dimitri and I immediately pulled back from each other. I felt warm and shaky and only then noticed how close we had been. I didn't even remember moving, but only a breath had separated us. What had happened? It was like a trance. A dream. I swallowed and tried to slow my pulse. â€Å"No problem. What's going on?' Sydney glanced between us, still looking uncomfortable. Her dating life might be non- existent, but even she knew what she'd walked in on. I was glad one of us did. â€Å"I †¦ that is †¦ I just wanted to come hang out. I can't handle that going on downstairs.' I attempted a smile, still utterly confused by my feelings. Why did Dimitri look at me like that? Why did he say that? He can't still want me. He said he didn't. He told me to leave him alone. â€Å"Sure. We were just †¦ talking,' I said. She obviously didn't believe me. I tried harder to convince her †¦ and myself. â€Å"We were talking about Jill. Do you have any ideas on how to get her to Court–seeing as we're all outlaws?' Sydney might not be an expert in personal relationships, but puzzles were familiar territory. She relaxed, her attention focusing inward as she tried to figure our problem out. â€Å"Well, you could always have her mother–‘ A loud crashing from downstairs abruptly cut her off. As one, Dimitri and I sprang for the door, ready to combat whatever mess Victor and Robert had caused. We both came screeching to a halt at the top of the stairs when we heard lots of shouts for everyone to get down. â€Å"Guardians,' Dimitri said. â€Å"There are guardians raiding the house.'

The Fourth Amendment

Abstract This paper will investigate the fourth amendment, unlawful search and seizure, and will explain what is considered to be unlawful and what is not. This paper will also discuss the right of privacy that Americans are entitled to as citizens of the United States. Events that have marked history in regards to the fourth amendment will also be explored, explaining the nature of searches and the key components that coincide. The court ruling in the historic case of Arizona vs. Gant will be explored in detail.This court case set out to establish what was actually considered unlawful, and what guidelines must be followed to be considered lawful. The case suggests that because of probable case that a search would then in fact be lawful. But in this case it is discussed that even when probable cause is present, there is still factors that must be considered. Unlawful Search and Seizure Imagine being pulled over while driving on a suspended license; you are handcuffed, and placed in t he backseat of a squad car, while the officer searches your car, without your consent.There you are sweating profusely, nervous of what may and will be found, and then it is found, in the glove box a gun and drugs. What should be said in defense? What should be done? Was this in fact a situation where unlawful search and seizure had taken place? Did this go against your constitutional rights as a citizen? There was no consent, but there was probable cause because of the suspended license. Imagine driving with friends and you are speeding. You are then pulled over, the officer smells marijuana, and arrest everyone inside of the vehicle.He then returns to the vehicle, and searches it finding cocaine in a jacket coat pocket. Was this too an act of unlawful search and seizure? Did this go against your reasonable expectation of privacy? The Bill of Rights Many of us may struggle when it comes to knowledge about laws, and our constitutional rights as citizens. We want to protect ourselves from situations that may be unconstitutional, but may not be aware of our rights when unconstitutional behavior occurs. When The U. S.Constitution was ratified in 1788 and 1799 there were not many laws set in place in regards to the criminal justice system. â€Å"The Fourth Amendment was adopted as a response to the abusive search and seizure practices used by the British government during the American colonial period. The colonists were particularly concerned about broad, particularized searches performed under the authority of general warrants. General warrants authorized searches for persons or papers not named specifically in the warrant† (Josephson, 1996). The U. S.Constitution did not set forth the rights of individuals in enough detail; so ten amendments were added in 1791, and were called the Bill of Rights (Cole & Smith, 2011). According to Cole and Smith (2011), The Bill of Rights are the first ten amendments that were added to the U. S. Constitution to provide spe cific rights for individuals, including criminal justice rights concerning searches, trials, and punishments. Unlawful search and seizure is the fourth amendment, which is a part of the first ten amendments. Unlawful Search and SeizureThe Fourth Amendment states: the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated and no Warrant shall issue, but upon probable cause, supported by Oath and affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Cole & Smith, 2011). Unlawful search and seizure was made to limit the capability of law enforcement officers to search a person or property in order to obtain evidence.It is believed that law enforcement should not be able to pursue criminals at all cost. A search is a court document that gives law enforcement the authority to examine and hunt for evidence in or on a person or place in a manner th at intrudes on reasonable expectations of privacy (Cole & Smith, 2011). The reasonable expectation of privacy, that was developed by the courts, is normally from the government; but if there is probable cause law enforcement can receive an search warrant from a judge and search wherever the warrant states.A seizure is a situation in which police officers use their authority to deprive people of their liberty or property and which must not be â€Å"unreasonable† according to the Fourth Amendment (Cole & Smith, 2011). All types of things can be seized such as a person’s freedom, which is also called an arrest, and also even property. Law enforcement must ensure that there is probable cause because if not that is an infringement of that person’s right. Being unconstitutional can lead to fines, and law enforcement officers even losing their jobs, depending on the severity of the situation.Requirements of the Fourth Amendment There are requirements that law enforceme nt are expected to be knowledgeable of and have to follow, even while trying to catch criminals. The requirements are probable cause, affidavit, and describing the place being searched, and the persons or things to be seized (Cole & Smith, 2011). Probable cause is the amount of reliable information indicating that it is more likely than not that evidence will be found in a specific location or that a specific person is guilty of a crime (Cole & Smith, 2011).In order for search and seizure to take place there has to be probable cause. Affidavit is a written statement, which is supported by oath or affirmation, submitted to judicial officers to fulfill the requirements of probable cause for obtaining a warrant. The place or person to be searched or seized has to be described in detail to help establish if probable cause is reasonable. There are however, exceptions to the probable cause and warrant requirements.Some exceptions are investigatory detentions, warrantless arrest, searches incidents to a valid arrest, seizures of items in plain view, exigent circumstances, consent searches, vehicle searches, container searches, border searches, searchers at sea, administrative searches, and searches in which the special needs of law enforcement make the probable cause requirement impractical (Calsyn et al. , 1998). A warrantless search can be conducted if law enforcement believes that the evidence is imminent danger of being moved or destroyed.Also if there is belief that law enforcement may be in danger they may enter a dwelling and conduct a full warrantless search (Calsyn et al. , 1998). The Fourth Amendment does not require law enforcement to have a warrant when searching vehicles when they have probable cause. The â€Å"automobile exception† to the warrant requirement stems from both the inherent mobility of vehicles, which often creates exigent circumstances that make obtaining a warrant impractical, and the reduce expectation of privacy due to configurat ion, use, and regulation of automobiles (Calsyn et al. 1998). â€Å"In certain circumstances, law enforcement officers may lawfully arrest persons without an arrest warrant. Such arrests are permitted for any offense committed by the arrestee in the presence of a law enforcement officer and for any felony that an officer has probable cause to believe the arrestee has committed. After making a warrantless arrest, an officer must promptly secure a judicial determination of probable cause. The probable cause required to make a lawful warrantless arrest is identical to the probable cause required to secure an arrest warrant (Calsyn et al. 1998). According to Nolo (2012), the fourth amendment only applies to a search if a person has a legitimate expectation of privacy in the place or thing searched. If not, the Fourth Amendment offers no protection because there are, by definition, no privacy issues. For example, when the police look for and find a weapon on the front seat of a car, it is not considered a search under the fourth amendment because it is very unlikely that the person would think that the front seat of the car is a private place and expectation of privacy is unlikely.Even if the individual did, society is not willing to extend the protections of privacy to that particular location. On the opposing side, a person who uses a public restroom expects not to be spied upon and most people, including judges and juries would consider that expectation of privacy to be reasonable Therefore, the installation of a hidden video camera by the police in a public restroom will be considered a search and would be subject to the fourth amendment's requirement of reasonableness. However, the fourth amendment does permit searches and seizures that are considered reasonable.In practice, this means that the police may override your privacy concerns and conduct a search of you, your home, barn, car, boat, office, personal or business documents, bank account records, trash barrel, or whatever, if the police have probable cause to believe they can find evidence that you committed a crime, and a judge issues a search warrant, or the particular circumstances justify the search without a warrant first being issued (Nolo 2012). The Supreme Court has ruled that warrantless police conduct may comply with the Fourth Amendment so long as it is reasonable under the circumstances.The exceptions made to the Fourth Amendment's warrant requirement reflect the Court's reluctance to unduly impede the job of law enforcement officials. The Court has attempted to strike a balance between the practical realities of daily police work and the privacy and freedom interests of the public (FindLaw 2012). A warrant is a document issued by the courts allowing law enforcement to search your private property. All that is needed to obtain a warrant is probable cause, meaning there must be sufficient reason based upon known facts to believe a crime has been committed or that certai n property is connected with a crime.Also, as explained by The Lecture Law Library (1995-2012), the fourth amendment provides no protection for what a person knowingly exposes to the public. For instance a man's facial characteristics, or handwriting, his voice is repeatedly produced for others to hear. No person can have a reasonable expectation that others will not know the sound of his voice, any more than he can reasonably expect that his face will be a mystery to the world. These are simply a fraction of the examples as to when the fourth amendment of unlawful search and seizure does not apply.Courts use a two-part test established by the U. S. Supreme Court to determine whether, at the time of the search, a defendant had a legitimate expectation of privacy in the place or things searched. Evaluating whether or not the person actually expected some degree of privacy and if the person's expectation is one that society is willing to recognize? Also, if upon review, a court finds that an unreasonable search occurred, any evidence seized as a result of the search cannot be used as direct evidence against the defendant in a criminal prosecution, state or federal. This rule, established by the U. S.Supreme Court in 1961, has come to be known as the exclusionary rule. The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. Many commentators criticize the exclusionary rule on the ground that it unfairly lets the criminal go free simply due to error. Adversely, the rule's supporters argue that excluding illegally seized evidence is necessary to deter police from conducting illegal searches. According to this deterrence argument, the police won't conduct improper searches if the resulting evidence can't be used to convict the defendant.In addition to being excluded as evidence against the defendant, evidence resulting from an illegal search may not be used to discover other evidence, under a le gal rule colorfully known as the â€Å"fruit of the poisonous tree† doctrine. The â€Å"tree† is the evidence that the police illegally seize in the first place; the â€Å"fruit† is the second-generation product of the illegally seized evidence; both tree and fruit are inadmissible at trial (Nolo 2012). Moreover, when the fourth amendment is broken there are consequences that are handled by the courts. The Knock-and-Announce RequirementThis requirement is meant to protect the security, privacy, and property interest of people in their homes (Josephson, 1996). â€Å"The knock-and-announce rule requires that police officers give notion of both their authority and purpose to the occupants of a residence to be searched. Before breaking and entering the premises to search, officers must also give the occupants a reasonable opportunity to voluntarily allow the police to enter† (Josephson, 1996). This rule has to be follow even if officers do have a warrant. Thi s rule also serves for protection for the officers that are entering a home owner home.Citizens have an expectation to privacy and with this rule it allows the occupants to give consent to enter. Arizona v. Gant This case was taken all the way to the U. S. Supreme Court, and is used as a guideline for what is considered constitutional in regards to Unlawful Search and Seizure. The facts of the case states that Gant was arrested for driving with a suspended license. He then was handcuffed and placed in the backseat of an officer car. While under arrest the officers searches his car. The officers find cocaine in a jacket pocket (The Daily Record, 2009, p. 1).Gant’s motion to dismiss the evidence was denied and he was convicted of drug charges. â€Å"Reversing, the State Supreme Court distinguished New York v. Belton, which held that police may search the passenger compartment of a vehicle and any containers therein as a contemporaneous incident of recent occupants lawful arres t on grounds that it concerned the scope of a search incident to arrest but did not answer the question whether officers may conduct such a search once the scene has been secured† (Justia. com, 2009). One major concern was of the officer’s safety if the occupant was allowed to be within the reach of the area being searched.This could be absolutely dangers for the officer and could endanger the public. Under the Gant ruling, if an officer wishes to search the vehicle of an arrested suspect, he or she may delay handcuffing the suspect until after the search is complete (NJ. com, 2009). This allows the occupant to be able to access his car while being searched. Conclusion The Fourth Amendment is the primary, essential limit on the power of governments in the U. S. to inquire into people's lives, arrest them, and take their property. It is also what prevents governments and their agents from invading citizens' privacy.In a society that both deplores crime and values liberty , there will always be a tension between law enforcement interests and the privacy of individuals. The tools and system of the fourth amendment are as followed: Is it governmental conduct? Does the defendant have a legitimate expectation of privacy? Will society protect the defendant’s expectation as objectively reasonable? And was a warrant issued? If any of the stated reason within the system of unlawful search and seizure hold true then there I no violation of the fourth amendment. The fourth amendment to the U. S. onstitution places limits on the power of the police to make arrests, search people and their property, and seize objects and contraband, such as illegal drugs or weapons. The amendment of unlawful search and seizure is one of ten amendments within The Bill of Rights and reads as follows: â€Å"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants sh all issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Nolo 2012). † ReferencesArizona v. Gant. (2009). Retrieved November 22, 2012, from http://supreme. justia. com/cases/federal/us/556/07-542/ Calsyn, J. D. , Hale, B. C. , Kranz, H. , Grossman, M. R. , & Kim, N. E. (1998). Warrantless searches and seizures. Georgetown Law Journal, 86, 1214-1288. Cole, G. F. , & Smith C. E. , (2011) Criminal Justice (6th ed. ). Belmont, California: Wadsworth. Josephson, M. (1996). Fourth amendment–must police knock and announce themselves before e. g. Microsoft Corporation (1995-2012). The Fourth Amendment [U. S. Constitution]. [ONLINE] Available at: http://www. lectlaw. com/def/f081. htm. (2012). The Fourth Amendment

On National Prejudices, by Oliver Goldsmith - Classic Essays

On National Prejudices, by Oliver Goldsmith - Classic Essays Irish poet, essayist, and dramatist Oliver Goldsmith is best known for the comic play She Stoops to Conquer, the long poem The Deserted Village, and the novel The Vicar of Wakefield. In his essay On National Prejudices (first published in the British Magazine, August 1760), Goldsmith argues that it is possible to love  ones own country without hating the natives of other countries. Compare Goldsmiths thoughts on patriotism with Max Eastmans extended definition in What Is Patriotism? and with Alexis de Tocquevilles discussion of patriotism in Democracy in America (1835). On National Prejudices by Oliver Goldsmith As I am one of that sauntering tribe of mortals, who spend the greatest part of their time in taverns, coffee houses, and other places of public resort, I have thereby an opportunity of observing an infinite variety of characters, which, to a person of a contemplative turn, is a much higher entertainment than a view of all the curiosities of art or nature. In one of these, my late rambles, I accidentally fell into the company of half a dozen gentlemen, who were engaged in a warm dispute about some political affair; the decision of which, as they were equally divided in their sentiments, they thought proper to refer to me, which naturally drew me in for a share of the conversation. Amongst a multiplicity of other topics, we took occasion to talk of the different characters of the several nations of Europe; when one of the gentlemen, cocking his hat, and assuming such an air of importance as if he had possessed all the merit of the English nation in his own person, declared that the Dutch were a parcel of avaricious wretches; the French a set of flattering sycophants; that the Germans were drunken sots, and beastly gluttons; and the Spaniards proud, haughty, and surly tyrants; but that in bravery, generosity, clemency, and in every other virtue, the English excelled all the world. This very learned and judicious remark was received with a general smile of approbation by all the companyall, I mean, but your humble servant; who, endeavoring to keep my gravity as well as I could, I reclined my head upon my arm, continued for some time  in a posture of affected thoughtfulness, as if I had been musing on something else, and did not seem to attend to the subject of conversation; hoping by these means to avoid the disagreeable necessity of explaining myself, and thereby depriving the gentlemen of his imaginary happiness. But my pseudo-patriot had no mind to let me escape so easily. Not satisfied that his opinion should pass without contradiction, he was determined to have it ratified by the suffrage of every one in the company; for which purpose addressing himself to me with an air of inexpressible confidence, he asked me if I was not in the same way of thinking. As I am never forward in giving my opinion, especially when I have reason to believe that it will not be agreeable; so, when I am obliged to give it, I always hold it for a maxim to speak my real sentiments. I therefore told him that, for my own part, I should not have ventured to talk in such a peremptory strain, unless I had made the tour of Europe, and examined the manners of these several nations with great care and accuracy: that, perhaps, a more impartial judge would not scruple to affirm that the Dutch were more frugal and industrious, the French more temperate and polite, the Germans more hardy and patient of labour and fatigue, and the Spaniards more staid and sedate, than the English; who, though undoubtedly brave and generous, were at the same time rash, headstrong, and impetuous; too apt to be elated with prosperity, and to despond in adversity. I could easily perceive that all of the company began to regard me with a jealous eye before I had finished my answer, which I had no sooner done, than the patriotic gentleman observed, with a contemptuous sneer, that he was greatly surprised how some people could have the conscience to live in a country which they did not love, and to enjoy the protection of a government, to which in their hearts they were inveterate enemies. Finding that by this modest declaration of my sentiments, I had forfeited the good opinion of my companions, and given them occasion to call my political principles in question, and well knowing that it was in vain to argue with men who were so very full of themselves, I threw down my reckoning and retired to my own lodgings, reflecting on the absurd and ridiculous nature of national prejudice and prepossession. Philosphers of Antiquity Among all the famous sayings of antiquity, there is none that does greater honour to the author, or affords greater pleasure to the reader (at least if he be a person of a generous and benevolent heart) than that of the philosopher, who, being asked what countryman he was, replied that he was a citizen of the world. How few there are to be found in modern times who can say the same, or whose conduct is consistent with such a profession! We are now become so much Englishmen, Frenchmen, Dutchmen, Spaniards, or Germans, that we are no longer citizens of the world; so much the natives of one particular spot, or members of one petty society, that we no longer consider ourselves as the general inhabitants of the globe, or members of that grand society which comprehends the whole human kind. Did these prejudices prevail only among the meanest and lowest of the people, perhaps they might be excused, as they have few, if any, opportunities of correcting them by reading, traveling, or conversing with foreigners; but the misfortune is, that they infect the minds, and influence the conduct even of our gentlemen; of those, I mean, who have every title to this appellation but an exemption from prejudice, which, however, in my opinion, ought to be regarded as the characteristical mark of a gentleman: for let a mans birth be ever so high, his station ever so exalted, or his fortune ever so large, yet if he is not free from national and other prejudices, I should make bold to tell him, that he had a low and vulgar mind, and had no just claim to the character of a gentleman. And in fact, you will always find that those are most apt to boast of national merit, who have little or no merit of their own to depend on, than which, to be sure, nothing is more natural: the slender vine twi sts around the sturdy oak for no other reason in the world but because it has not  strength  sufficient to support itself. Should it be alleged in  defense  of national prejudice, that it is the natural and necessary growth of love to our country, and that therefore the former cannot be destroyed without hurting the latter, I answer, that this is a gross  fallacy  and delusion. That it is the growth of love to our country, I will allow; but that it is the natural and necessary growth of it, I absolutely deny. Superstition and enthusiasm too are the growth of religion; but  who ever  took it in his head to affirm that they are the necessary growth of this noble principle? They are, if you will, the bastard sprouts of this heavenly plant; but not its natural and genuine branches, and may safely enough be lopped off, without doing any harm to the parent stock; nay, perhaps, till once they are lopped off, this goodly tree can never flourish in perfect health and vigour. Citizen of the World Is it not very possible that I may love my own country, without hating the natives of other countries? that I may exert the most heroic bravery, the most undaunted resolution, in defending its laws and liberty, without despising all the rest of the world as cowards and poltroons? Most certainly it is: and if it were notBut why need I suppose what is absolutely impossible?but if it were not, I must own, I should prefer the title of the ancient philosopher, namely, a citizen of the world, to that of an Englishman, a Frenchman, a European, or to any other appellation whatever. Continued from page oneDid these prejudices prevail only among the meanest and lowest of the people, perhaps they might be excused, as they have few, if any, opportunities of correcting them by reading, traveling, or conversing with foreigners; but the misfortune is, that they infect the minds, and influence the conduct even of our gentlemen; of those, I mean, who have every title to this appellation but an exemption from prejudice, which, however, in my opinion, ought to be regarded as the characteristical mark of a gentleman: for let a mans birth be ever so high, his station ever so exalted, or his fortune ever so large, yet if he is not free from national and other prejudices, I should make bold to tell him, that he had a low and vulgar mind, and had no just claim to the character of a gentleman. And in fact, you will always find that those are most apt to boast of national merit, who have little or no merit of their own to depend on, than which, to be sure, nothing is more natura l: the slender vine twists around the sturdy oak for no other reason in the world but because it has not strength sufficient to support itself. Should it be alleged in defense of national prejudice, that it is the natural and necessary growth of love to our country, and that therefore the former cannot be destroyed without hurting the latter, I answer, that this is a gross fallacy and delusion. That it is the growth of love to our country, I will allow; but that it is the natural and necessary growth of it, I absolutely deny. Superstition and enthusiasm too are the growth of religion; but who ever took it in his head to affirm that they are the necessary growth of this noble principle? They are, if you will, the bastard sprouts of this heavenly plant; but not its natural and genuine branches, and may safely enough be lopped off, without doing any harm to the parent stock; nay, perhaps, till once they are lopped off, this goodly tree can never flourish in perfect health and vigour. Is it not very possible that I may love my own country, without hating the natives of other countries? that I may exert the most heroic bravery, the most undaunted resolution, in defending its laws and liberty, without despising all the rest of the world as cowards and poltroons? Most certainly it is: and if it were notBut why need I suppose what is absolutely impossible?but if it were not, I must own, I should prefer the title of the ancient philosopher, namely, a citizen of the world, to that of an Englishman, a Frenchman, a European, or to any other appellation whatever.

The role of genetics in development

The role of genetics in development Genetic factors have a significant role in determining human development. It involves understanding the inheritance of genes from parents to offspring and gene processes that may have impacts on human development. Researchers have concentrated on understanding human growth and differentiation right from the fertilized ova to adulthood. They have noted that development and various characteristics result from the expression of some specific genes (Berger, 2000).Advertising We will write a custom essay sample on The role of genetics in development specifically for you for only $16.05 $11/page Learn More Therefore, genetic factors influence how a child develops. Genetics provides specific and basic blueprint that determines child development. However, it is important to recognize the role of environment in influencing a child’s development. For instance, some environmental factors like nutrition may alter the gene setup of an individual. In such cases, th ey may deter growth to achieve full potential or inhibit development of certain body composition, which could result in genetic disorders. One must note that genetics composition and environmental factors interact to determine development in individuals (Mossler, 2011). Genes of the two parents could influence the traits of an offspring. However, expressions of genes from parents depend on two different factors. These include interactions among genes and further interaction in genotype and with the environment. Interactions between genes could result in conflicting information. In some cases, one gene could dominate the other. Not all genes have the same manner of interaction because others may be additive. For instance, a child could have both short and tall parents. The genes may not dominate each other and such a child could end up with an average height. In some cases, the child may exhibit â€Å"dominant-recessive gene patterns† (Miko, 2008). This is common in eye colors where brown eye genes are â€Å"dominant while blue eye genes become recessive† (Miko, 2008). One parent may pass a dominant gene to the child. In this case, the dominant gene will win over the recessive gene, and the child may exhibit the characteristics of a parent who produced dominant genes (Miko, 2008). Genes also interact with environments. The environment may affect gene expression in children for the rest of their lives. For example, pregnant women who expose their fetuses to harmful chemicals could create conditions that would later affect their children’s development.Advertising Looking for essay on psychology? Let's see if we can help you! Get your first paper with 15% OFF Learn More In addition, environmental factors could affect genes responsible for a child’s height. For instance, persistent illness or poor diets could deter the expressions of genes responsible for the child’s height. In such cases, the child would n ot be tall as the genetic code had shown. Parents may also pass hereditary conditions to their offspring. This could result in genetic disorder. It is important to recognize that genes interaction processes are not infallible. Thus, defects may occur during the process. Under some circumstances, the number of chromosomes in a sperm or ovum may not be even. This may result in either more or less chromosomes than in normal circumstances (the number of normal chromosomes are 23). In situations where abnormal cells interact and stick together with normal cells, â€Å"the resultant fertilized ovum (zygote) will also have abnormal number of chromosomes† (Miko, 2008). Some studies have hinted that most of the fertilized eggs normally result in abnormal genes with more or less than 23 chromosomes. However, the body aborts most of these abnormal zygotes, and they never develop to achieve a full-term period of a fetus. Disorders result from zygotes, which develop to full-term fetuses. Such disorders affect child development. Researchers have linked some disorders entirely with genetic interactions, whereas in other cases, genetic factors may have partial roles. Tay-Sachs disease is an â€Å"inherited condition of the nervous system† (Jasmin, 2012). The disease progressively affects â€Å"neurons in the brain and spinal cord† (Jasmin, 2012). The defective gene on â€Å"chromosome 15 is responsible for Tay-Sachs condition† (Jasmin, 2012). Both parents must be â€Å"carriers of the Tay-Sachs gene in order for the child to develop the condition† (Jasmin, 2012). Every parent must contribute the responsible gene. However, the child may be â€Å"a carrier of Tay-Sachs disease only if one parent passes the abnormal gene him or her† (Jasmin, 2012). This would not result in Tay-Sachs condition, but the child will have the possibility of passing the condition to his or her children. One can observe Tay-Sachs disease between â€Å"the age of three and six months after birth† (Jasmin, 2012). At infancy, children with Tay-Sachs disease experience slow developments and weaknesses in their muscles.Advertising We will write a custom essay sample on The role of genetics in development specifically for you for only $16.05 $11/page Learn More Infants progressively lose motor skills, they may not move. Later on, children with the condition may develop â€Å"seizures, vision and hearing loss, intellectual disability, and paralysis† (Jasmin, 2012). Examination of the eye can reveal a cherry-red spot in such children. Children with extreme conditions may not live beyond their early childhood stage. There are other rare forms of the condition, which have mild symptoms relative to severe cases during infancy stage. Children with mild forms of Tay-Sachs also have weak muscles, ataxia, speech, mental, and movement challenges. Tay-Sachs disease has no cure, but physicians can only improve condit ions of children with it. There are no existing methods of preventing Tay-Sachs disease. However, genetic testing can reveal a carrier, and a couple can decide before starting a family. Evidently, genetics have critical influences on child development. However, genetic factors may interact with environmental factors in order to control a child’s development. References Berger, K. (2000). The developing person: Through childhood and adolescence. New York: Worth Publishers. Jasmin, L. (2012). Tay-Sachs disease. Web. Miko, I. (2008). Genetic dominance: genotype-phenotype relationships. Nature Education 1(1).Advertising Looking for essay on psychology? Let's see if we can help you! Get your first paper with 15% OFF Learn More Mossler, A. (2011). Child and adolescent development. San Diego: Bridgepoint Education, Inc.

3 Cases of Confused Connections

3 Cases of Confused Connections 3 Cases of Confused Connections 3 Cases of Confused Connections By Mark Nichol Relationships between sentence elements are sometimes obscured by suboptimal syntax. In each of the following examples, ordering of phrases is an obstacle to comprehension. Discussion and revision of each sentences explains and provides a solution. 1. Despite encouragement from regulators, financial institutions experience mixed results ranging from prompt responses to requests, at best, to requests that are never addressed, at worst. Here, though the sentence’s parallel structure is sound, clarity is improved if the parenthetical phrases â€Å"at best† and â€Å"at worst† precede rather than follow the pertinent wording so that the reader knows before the fact, not belatedly, that a scaled comparison of results, not just random examples of them, are being introduced: â€Å"Despite encouragement from regulators, financial institutions experience mixed results ranging from, at best, prompt responses to requests to, at worst, requests that are never addressed.† 2. Once executive management and the board agree on the drivers of, and strategic, operational, and financial parameters around, opportunity-seeking behavior, the resulting risk-appetite statement is a reminder of the core risk strategy arising from the strategy-setting process. This sentence is technically correct, but the complexity of the parenthetical phrase â€Å"and the strategic, operational, and financial parameters around,† and the distance it places between the parallel phrase â€Å"drivers of† and the phrase â€Å"the resulting risk-appetite statement,† which applies to both parallel phrases, renders the sentence difficult to digest. A better solution is to relocate the second parallel phrase to follow the key phrase, introducing a more complete portion of the main clause before the interruption and reducing the number of commas: â€Å"Once executive management and the board agree on the drivers of opportunity-seeking behavior and the strategic, operational, and financial parameters around it, the resulting risk-appetite statement is a reminder of the core risk strategy arising from the strategy-setting process.† 3. Even though the program contains all the same components, the level of rigor and detail, and the amount of automation through workflow, changes with the size and risk profile of the company. Readers may get the impression that the phrases â€Å"the same components,† â€Å"the level and rigor and detail,† and â€Å"the amount of automation through workflow† are parallel elements of a list. But â€Å"the same components† is part of an introductory subordinate clause, and the second and third phrases constitute a complex subject of the sentence. To make the sentence clearer by breaking up the false list, recast the final phrase as a parenthetical: â€Å"Even though the program contains all the same components, the level of rigor and detail- and the amount of automation through workflow- changes with the size and risk profile of the company.† Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Style category, check our popular posts, or choose a related post below:Writing a Reference Letter (With Examples)30 Baseball IdiomsA "Diploma" is not a "Degree"

Baroque and Architecture Essay Example | Topics and Well Written Essays - 2000 words

Baroque and Architecture - Essay Example Wren’s first baroque design for this cathedral was rejected and considered as not practical and too foreign. The crowning dome was taken from that design and since three centuries the dome of the cathedral has been a major attraction in the city. The dome was designed by Wren not only to express the foreign architecture influence on his work but also to uncover the love he had for mathematics. Wren is known as the best architecture for his designs of buildings. He was also known as a leading mathematician and through his combination, he mastered in the shapes and arches of domes. He applied several theories through which he created historic monuments and recorded history’s best used mathematical sciences in architecture. The St Paul’s cathedral was known as the world’s first cathedral with a triple-dome. It was also the first cathedral which was completed in the lifetime of the architect. Wren had designed the cathedral so originally and furnished it with true British furniture that it was hard to believe how easily he did it. He adopted the characteristics of the baroque architecture which consisted of repeated styles and techniques used in buildings and structures. He was an aesthete and the love for art led him to design beautiful churches. As he was also an engineer, he designed and built structures that were acoustically pleasing. St Paul’s Cathedral marked the beginning of the shaky baroque architecture in England. This architecture was further elaborated in the 18th century.

Critically analyse the concept of ' fair and equitable treatment ' in Essay

Critically analyse the concept of ' fair and equitable treatment ' in investment treaties, taking into account recent investment - Essay Example In the context of international investment, inter-state negotiation, inter-governmental treaty drafting, diplomatic exchange, etc. have become frequent and critical. Naturally, the number of disputes between investors and host countries is increasing as well. Hence, the issue of fair and equitable treatment in international investment dealing is gaining momentum very rapidly. There is a need to urge the different countries of the world to avoid activities like confiscation, expropriation, discrimination, etc. in regards of the foreign investors and the objective can be achieved if and only if the basic principles of mutual respect are legally defined and incorporated in the treaty frameworks. This paper is developed through a literature review followed by an analysis phase which will critically evaluate the importance of fair and equitable treatment in relation to the recent trends of investment treaties and the different related arbitration cases. Arbitration case examples have been appended after the analysis, followed by a viable conclusion. The paper also aims to comprehend the present trends in the light of the older developments which have shaped up today’s international investment scenario. ... ovide and ensure â€Å"fair and equitable treatment† is generally put forward, along with certain other standards, as component of protection for Foreign Direct Investment (FDI) by the host countries. It is a non-contingent and absolute treatment standard which states that the treatment would be executed in such terms whose exact meanings are well defined, by the means of references to certain situations of application. The â€Å"relative† standards specified in â€Å"national treatment† are not of primary importance in this regard. The standards to determine fair and equitable treatment were developed through multilateral investment and trade instruments, and with the increasing numbers of Bilateral Investment Treaties (BITs), these standards became more critical and debated. â€Å"The obligation of the parties to investment agreements to provide to each other’s investments fair and equitable treatment has been given various interpretations by government al officials, arbitrators and scholars.†1 Thus the backdrop of analysis of the concept of â€Å"fair and equitable treatment† must be based on the literature that describes the trends of international investment law. â€Å"International investment law is one of the fastest-growing areas of international law today. Only a decade ago, the current surge in investor–state arbitrations, having cumulated in approximately 300 investment treaty disputes,  1  was beyond imagination. At the same time, investment treaties enshrine principles of international investment law, rather than hard and fast rules. Almost unavoidably, international investment law therefore became coined more by the dispute settlement activities of arbitral tribunals which entertain claims between foreign investors and host states brought under investment

Film analysis ( The road home ) Essay Example | Topics and Well Written Essays - 500 words

Film analysis ( The road home ) - Essay Example As Stephen Holden maintains, â€Å"Zhang Yimou’s tenderhearted film ‘The Road Home’ is a cinematic ballad of such seamless construction and exquisite tonal balance it transcends most of the pitfalls of movies that aspire to a classic, lyric simplicity.† (Holden) Therefore, it is indubitable that the movie The Road Home will be remembered for its interesting theme, filmic treatment and skillful film-production, and the splendid performances from its cast. In a careful review of the movie The Road Home, it becomes lucid that the major theme of this work of art is the tender love in rural China between a country girl and a young teacher. The major theme and the plot of the film are interconnected as the latter reveals the intensity and depth of the love that the major characters share. The film presents the meaningful relationship between these rural characters as the teacher’s death at the end of the story brings their son back from the big city for th e funeral. Significantly, the film-maker has been careful in presenting the nature as one of the most crucial characters in the film and the major themes of the movie are closely connected to the relevance of nature. It is important to realize that the movie also exhibits an awe-inspiring sense of a purifying return to nature.

Aviation Essay Example | Topics and Well Written Essays - 250 words - 2

Aviation - Essay Example interfered with following the construction of the new Air Traffic Control Tower whose thick walls to some extent blocked the controllers view some portions of the runways, approach paths and also ramps (Young & Wells, 2011). Following these observations, the Federal Aviation Administration suggested the demolition of the new tower in order to avoid risks associated with reduced visibility of the runways and ramps by the air traffic controllers. The President of Miami branch of National Air Traffic claimed that the construction of the new tower was too risky since failure of the controllers to see and guide aircrafts appropriately would lead to unnecessary accidents. The design of the new tower was direly criticized by air traffic controller and some even swore never to work on that tower if at all it was finally established (Brown, 2000). Miami Airport has the 10th busiest runway in the entire country with an increased level of air traffic hence does not deserve to have issues of blockage of runways as would have happened if the new tower was opened. Observations of aircraft usage is done by the controllers by use of cameras that are able to observe beyond the walls of the new tower so as to minimize risks of accidents before demolition of the new tower occurs. The nearest airport to Miami International Airport is Fort Lauderdale-Hollywood Airport while other big airports around the vicinity are South Bimini Airport and Palm Beach International Airport (Brown,

The Younger the Better in English learning practice Essay

The Younger the Better in English learning practice - Essay Example At the same time, parents believe that ‘the younger the better’ when learning a second language. They spend a great deal of money to send their children to English speaking countries to enhance language ability while the learners are still young. However, there have been many arguments about the appropriate language learning period. Unlike the general thoughts of many people, some researchers have suggested adults have a better advantage in language learning. In this paper, both views of language acquisition will be introduced. First, the paper will go through research cases and researchers’ suggestions supporting ‘the younger the better’. This will be followed by studies suggesting adults' second language acquisition is more advantageous than young learners. ... It is crucial for language learners to learn a language before puberty. Language acquisition which takes place after puberty is qualitatively different from the acquisition which takes place before puberty due to cerebral lateralization of function in the brain. In the 60s, there were not many studies done to prove the hypothesis. His claim was limited to the suggestion of the ‘critical period’ of first language acquisition. He left further research about second language acquisition to other researchers. Since Lenneberg’s (1967) study of the ‘critical period’, research concerning his work began to get much of the spotlight. Several researchers supported his study (Newport, 1990). One of the most notable works was from Curtiss(1977) about 13 year old girl named Genie. Genie was found by neighbour in Los Angeles when she was 13. She had been isolated from linguistic, social, environmental input until she was found at the age approximately at the end of the puberty. There existed no linguistic formal information when she was found, yet, she had the average intelligence of her age group. She started learning her first language at thirteen years of age. The research implications were incredible. Her performance was similar to that of average 13 year old child but she had a difficult time applying language to real life situations. Also, she needed more than five months to accomplish certain step of linguistic competence while other children of her linguistic age were able to complete the steps within 2 to 6 weeks. Even though she had five years of special training, Genie was able to speak on her own initiative and was able to understand certain degrees of complicated sentences, her

Aviation Essay Example | Topics and Well Written Essays - 250 words - 2

Aviation - Essay Example interfered with following the construction of the new Air Traffic Control Tower whose thick walls to some extent blocked the controllers view some portions of the runways, approach paths and also ramps (Young & Wells, 2011). Following these observations, the Federal Aviation Administration suggested the demolition of the new tower in order to avoid risks associated with reduced visibility of the runways and ramps by the air traffic controllers. The President of Miami branch of National Air Traffic claimed that the construction of the new tower was too risky since failure of the controllers to see and guide aircrafts appropriately would lead to unnecessary accidents. The design of the new tower was direly criticized by air traffic controller and some even swore never to work on that tower if at all it was finally established (Brown, 2000). Miami Airport has the 10th busiest runway in the entire country with an increased level of air traffic hence does not deserve to have issues of blockage of runways as would have happened if the new tower was opened. Observations of aircraft usage is done by the controllers by use of cameras that are able to observe beyond the walls of the new tower so as to minimize risks of accidents before demolition of the new tower occurs. The nearest airport to Miami International Airport is Fort Lauderdale-Hollywood Airport while other big airports around the vicinity are South Bimini Airport and Palm Beach International Airport (Brown,

Policy and practice in the education of bilingual children Essay - 1

Policy and practice in the education of bilingual children - Essay Example The processing of cognition has consequences that come about due to bilingualism or multilingualism. Therefore, all perennial questions concerning bilingualism revolve around the relationship and connection between two different languages in the same mind. Most tutors tend to wonder whether if multilingualism has two forms of separate systems responsible for language processing or it is a single combined system. Ideally, issues regarding whether one language aids or interferes with the other are not clear but this paper will consider addressing this issue with relevance to cognition. The complexity of the system consisting of two languages may have either losses or benefits on some areas rather than mind. This means that monolinguals and bilinguals may think differently. Evaluation of the competitive views Studies concerning psychology reveal that the term â€Å"cognitive† is becoming a confusing element when discussing this topic. With reference to linguists, linguistics is an arm of cognitive psychology. This is because, it concerns human mind. However, you should be able to note that the faculty of language is entirely different from the rest of the faculties that concern human mind. This reveals that, the faculty of language is distinct from cognition. Furthermore, linguistics differentiates the abstract of knowledge commonly referred to as â€Å"competence† and the process of â€Å"cognition† that facilitates the actual comprehension and production of a speech often termed as the â€Å"performance†. Often, psychologists explore the aspects concerning the relationship between the rest of the human mind (cognition) and language. Interestingly, some models related to language competence such as the parameter setting tend to treat language as a separate kna ck of human mind. Further, these models seek to develop a difference wherein language competence becomes a distinct aspect from language performance (Harris, 2005:385). Fact-findings tell us that the manner in which an individual defines the relationship between cognitive processing and bilingualism depends on the approach and the ideology of the person asking the question. The common general manner in which people ask this question uses the normal approach whereby it is standard for people to be â€Å"monolinguals† (Heaton, Taylor, and Manly, 2003:185). Supposedly, this approach lies on the norm that human beings should only know one language but deviating from a single language comes with a cost. Contrary to this approach is the multilingualism view, which views that human beings have knowledge of more than one language (Lorentz, 2008:77). In this arena, the monolingual approach has deficiencies since it lacks the natural human heritage whereby people know more than a singl e language. What is unclear is the overall level of loss that monolinguals have for having knowledge of only one language as well as in their remaining mental processes (Hammers and Blanc, 2003:101). Evaluation of the competing views of the relationship between bilingualism or multilingualism and cognition show that people who know more than one language, possess deficiencies in knowledge and understand in their second language (Panton, 2003:39). Research findings make it clear that, perhaps, it is blindingly obvious in such cases that, people who use their second language are less efficient in it (Harris, 2005:388). While compared to monolinguals, monolinguals are more critical and efficient in their native languages since their

Example of Business Report Essay Example for Free

Example of Business Report Essay Executive Summary The purpose of this report was to investigate a student club at a private university in Jakarta, which is called BNEC (Bina Nusantara English Club) at BINUS University. BNEC is a non-profit English organization for undergraduate students of any major studying at BINUS University. Its main purpose is to develop its members’ English skills by providing TOEFL, Debate, Scrabble, Spelling Bee, Public Speaking, and Performing classes. BNEC has actively participated in various national and international competitions. The strengths of this organization can be seen from many national and international achievements that this unit has achieved. The main reason for its success was due to its strong leadership sustainability, which allowed the changing leaders and committees of the unit always manage to accomplish the set targets and goals. Moreover, its tight selection  process for the new members has resulted in highly proficient English participants, readily supporting the arranged activities. Lastly, the high-quality training programs available have contributed to a rigorous and intensive practice of using English for public performances. However, the unit has some areas for improvement. For example, the communication styles between supervisors and subordinates were sometimes problematic, as all participants underwent the learning process of teamwork communication. The unit has also developed a certain degree of arrogance and pride, which even widened the gap between the unit with other lower proficient students studying in the university, and thus developing and strengthening its exclusivity. After taking both strengths and weaknesses into consideration, it is recommended that BNEC should begin to develop more social programs, carefully designed to help their fellow students outside their organization in the university, or even to other marginal members of the society living near the university, to improve their English proficiency and establish BINUS University and its surrounding areas as the English as a Second Language (ESL) area. 1. Introduction 1.1 Purpose The purpose of this report was to investigate a student club at BINUS University, namely BNEC (Bina Nusantara English Club), and recommend a suitable solution to its problems and some suggestions for its future development. 1.2 Scope When investigating BNEC, it was important to consider its current conditions in terms of its organizational structure, management/leadership style, materials development, marketing/promotion, programs and training. 1.3 Method The information used in this report was collected by having some interviews with personnel in BNEC, including the chairman, secretary, treasurer, promotion team, program coordinators, and some members. 1.4 Limitations PICs and members were sometimes difficult to meet Important information is difficult to collect †¦. 1.5 Assumptions It has been assumed that BNEC has not proved effective and efficient in running the organization. As the members actively participate in its programs and activities, it has been assumed that the implementation of its training programs shows little contribution to improving their proficiency levels. As most BNEC programs have generated many awards and prizes, it is assumed that there are still programs that do not result in significant achievements. 1.6 Background BNEC was established in 1992. It is the only English-based student unit at BINUS University. Its main purpose is to develop the member’s English skill by providing TOEFL, Debates, Scrabble, Spelling Bee, Public Speaking, and Performing classes. BNEC also actively participates in a variety of national and international competitions. It has achieved many achievements. Besides these, it is also widely acknowledged for its event organizing. BNEC was awarded The Best Student Organization in 2010, 2011, and 2012 by BINUS University. 2. Findings 2.1 Strengths Strong communication channels among members A variety of programs offered Active and supporting team members †¦. 2.2 Weaknesses Less involved in CSR (Corporate Social Responsibility) programs Focused only on one main headquarters, no branches Limited resources for programs development †¦. 3. Discussions 3.1 (Organization Structure) – this is just an example – Generally, BNEC consists of three big departments, which are ‘Information and Development’, ‘Product and Achievement’, and ‘Marketing and Communication.’ Each department has its own unit. In total, BNEC has 12 units, which are managed by the Board of Management. In the author’s perspectives, the way the organization is structured brings out some problems. For example, †¦.. 3.2 (Management and Leadership Style) All Board Management at BNEC are carefully selected, and each of them plays an important role in running the organization. †¦. 3.3 (Resource Development) †¦. 3.4 (Marketing and Promotion) †¦. 3.5 (Programs and Training) †¦ 4. Conclusion After investigating BNEC, it was found that †¦. It is important to consider the long term benefits to the organization when considering which programs or events were best conducted. †¦. The management style had to be easily adaptable for new opportunities such as †¦. †¦. 5. Recommendations and Implementation The findings and conclusion in this report support the following recommendations: The board of management needs to adapt to †¦ Programs need to be developed based on †¦.. Members must have email or online access on their electronic gadgets to enable them to be in contact with the organization at all times All marketing and promotion team should negotiate price and ongoing service agreements with external parties To reduce the organization long term expenses: The organization could investigate the viability of †¦. †¦. Training programs available for members should have the maximum duration of 1.5 months (6 weeks) 6. References http://mybnec.org/view/about.php

Financial Services Regulation Literature Review

Financial Services Regulation Literature Review Literature review on financial services regulation Consider whether flexibility in implementation of financial services regulation can undermine legal certainty. Does a move towards principles-based regulation of financial services presage a regulatory creep without a statutory grounding or does it allow regulators to keep pace with the financial services market? Introduction Regulation is often unpopular, and may be viewed as unnecessary. However, the existence of market failure is a reality in certain markets that needs to be corrected by some form of government intervention. In the financial services industry, for example, there is clearly a need for some kind of regulation as demonstrated by, for example, the Nick Leeson affair or the Enron scandal. Yet such cases also demonstrate the failure of regulation – the regulatory systems in place did not succeed in preventing these two debacles. Hodgson (2006:247) takes a positive view of regulation, or at least of the right kind of regulation, arguing that ‘[r]egulation can and should be a necessary, proportional and beneficial approach to the organisation of society. It lets us police the supply of goods and services and maintain standards and resolve complaints within a properly established legal framework, but without inappropriate political involvement or, in most cases, resort to the court s.’ Financial services regulation in the UK – objectives In the UK, the Financial Services Authority (FSA) has four statutory objectives: market confidence (maintaining confidence in the financial system); public awareness (promoting public understanding of the financial system); consumer protection (securing the appropriate degree of protection for consumers); and reduction of financial crime (reducing the extent to which it is possible for a business carried on by a regulated person to be used for a purpose connected with financial crime). In addition, the FSA is guided by a set of principles to which it must adhere. For example, it must use its resources efficiently, and any restrictions it imposes on an industry must be proportionate to the expected benefits of the restrictions. Furthermore it should avoid stifling innovation where possible. This means that the FSA must allow for different means of compliance in order not to unduly restrict firms and industries from launching new products and services. In addition, the FSA should help to maintain the competitive position of the UK internationally. In order to promote competition among the firms that it regulates, the FSA should avoid creating any unnecessary regulatory barriers to entry or expansion in any of the markets it regulates. Hodgson (2006:251) explains that the ‘FSA was set up to do rather a lot of things: to promote market confidence and public awareness of financial services (meaning encourage savings), protect consumers and reduce financial crime. It is also required to maintain the international success of Britain’s financial sector, promote competition whilst minimizing any adverse effects, and weight the costs and benefits of its own actions. Plenty of scope for conflicts of interest there.’ An assessment of the move to more principles-based regulation must examine how such a move is likely to impact on all of the objectives of the FSA. Principles-based regulation and rules-based regulation Cunningham (2007) explains that since the Enron scandal and other debacles in the financial services industry, there has been a trend to categorise rules-based regulatory systems as bad, and principles-based regulatory systems as good. However, he argues that the distinction being made between â€Å"rules-based† and â€Å"principles-based† systems is false and misleading. Cunningham (2007:3) claims that while an individual provision in a regulatory system may be â€Å"rules-based† or â€Å"principles-based†, these ‘classifications are too crude to describe or guide the design of corporate law, securities regulation or accounting systems.’ That is to say the terms are not scalable to the level of an entire system. Instead, Cunningham (2007:4) points to ‘the necessity and value of combining rules and principles and the difficulty of designing systems warranting classification as rules-based or principles-based.’ While it may be the case that any regulatory system is necessarily a hybrid made up of a mixture of â€Å"rules-based† and â€Å"principles-based† individual provisions, that does not mean that some systems are not â€Å"more rules-based† or â€Å"more principles-based† than others. Indeed this notion ties in with the reality of the UK financial services regulatory system. As will be seen below, the system is already a hybrid of â€Å"rules-based† and â€Å"principles-based† approaches, and it is moving towards â€Å"more principles-based† regulation. Regulatory creep There are various definitions of regulatory creep. The Better Regulation Task Force (2004:3) define it as ‘the process by which regulation is developed or enforced in a less than transparent fashion and not in accordance with our five Principles of Good Regulation.’ The BRTF (2004:5) goes on to identify four examples of how regulatory creep may occur when regulation takes place without transparency. In the first place, ‘a lack of clarity about the intention of regulation, particularly goal-based regulation, both on the part of regulators and those being regulated, can lead to unnecessary compliance burdens.’ Secondly, the way that guidance ‘is developed and used can influence enforcement activity and compliance, again leading to unnecessary burdens that bring little benefit to those the original regulation was designed to protect’. Thirdly, it is argued that ‘enforcement activity can induce over compliance in those being regulated’ and finally, ‘ombudsmen’s rulings can have wider regulatory implications’. Jones (2004:6), on the other hand, points out that ‘there is a positive aspect to creep. Formal responsibilities may leave gaps in enforcement. Shifting priorities and creative interpretation of a regulator’s brief may be necessary to tackle newly emergent issues.’ Moving towards more principles-based regulation: the case of the UK The first point to make is that in the UK, Principles-based regulation has existed since 1990, and the eleven high-level Principles for firms (see box 1) have been in place since 2001 (FSA 2007a:4). The FSA is now talking about a ‘more Principles-based approach’. This shift is based on a move towards broad-based standards instead of detailed rules together with an increased focus on outcomes-based regulation and an increase in senior management responsibility. According to the FSA (2007a:4), ‘Principles-based regulation means, where possible, moving away from dictating through detailed, prescriptive rules and supervisory actions how firms should operate their business. We want to give firms the responsibility to decide how best to align their business objectives and processes with the regulatory outcomes we have specified.’ Moving towards more principles-based regulation: pros and cons There are clear advantages to a principles-based approach to regulation, but such an approach also carries certain risks (of which regulatory creep is just one). The challenge is to achieve the right balance between principles and rules. As the BRTF (2004:6) explains, ‘part of the attraction of goal-setting regulation is its flexibility and we do not want to discourage this. Nor do we want to discourage the use of guidance as a useful alternative to regulation for driving up standards. But where does guidance as a useful alternative in driving up standards end, and regulatory creep begin?’ In this section, I will review the pros of a move towards more principles-based regulation, and I will then outline the various risks or cons associated with such a move. One major advantage of more principles-based approaches to regulation is increased flexibility and responsiveness to innovation and market developments. de Serres et al (2006:32) find that ‘financial system regulation has a statistically significant influence on output and productivity growth as well as on firm entry, via the impact on industrial sectors relying more heavily on external sources of funding. The economic impact is also found to be substantial enough to matter, yet sufficiently small to remain credible.’ This highlights the need for financial system regulation to minimise unnecessary regulatory barriers to entry or expansion in the financial services market. According to the FSA (2007a:5), a principles-based system is likely to be more durable than a rules-based system precisely because of its flexibility. ‘Financial markets are constantly changing. Continuous innovation and new product development are important ways in which the financial services industry generates benefits for consumers and markets. It is important that regulation can respond rapidly to the pace of change in markets and so allow them to continue to develop for the benefit of their users. We believe regulation that focuses on outcomes rather than prescription is more likely to support this development and innovation. Any set of prescriptive rules is unable to address changing market circumstances and practices at all times, and it inevitably delays, and in some instances prevents, innovation.’ Another benefit of more principles-based regulation is that it should provide greater freedom for firms to develop their own approach to compliance. According to the FSA (2007a:7), a more principled-based approach does in practice mean ‘giving firms increased flexibility to decide more often for themselves what business processes and controls they should operate.’ In addition, a move to principles implies less need for detailed rules which leads to a simplification of the rules or handbook. The FSA (2007a:8) views a simplified handbook as a side benefit of a move to more principles-based regulation, rather than a key driver behind the move, additionally arguing that, ‘reducing the overall size of the Handbook, however desirable, does not in itself deliver principles-based regulation. Even a substantially reduced Handbook will still be regarded by many as a daunting prospect. We should therefore not measure our success in achieving principles-based regulation by the number of Handbook pages or the number of rules they contain, but by the effect that the Handbook review, together with other initiatives, achieves over time.’ Perhaps one of the most important potential advantages of a move to more principles-based regulation, if properly implemented, is a greater degree of substantive compliance as individuals and firms come to comply with outcomes and the general principles rather than on the detailed rules – as the spirit of the law is prioritised over the letter of the law. Another key advantage is the increased engagement of senior management. The FSA (2007a:12) explains that ‘Moving towards principles-based regulation has significant implications for how we work with firms on a day-to-day basis We are looking for firms to take greater responsibility for how they meet their regulatory obligations. This responsibility in many cases will be taken on at senior management and Board level, using the various materials that will be available and, where necessary, conversations with us†¦ Firms will see a difference in how we behave towards them. We will give greater recognition to firms’ own management and controls and this will be reflected in areas such as capital requirements and supervisory intensity. Well controlled and managed firms that engage positively and openly with us should expect to experience real benefits from our more principles-based approach in the form of a regulatory dividend, for example relatively lower levels of regula tory capital, less frequent risk assessments, greater reliance on firms’ senior management or a less intensive risk mitigation programme.’ Finally, proponents of a more principles-based approach argue that it should lead to more efficient solutions to regulatory problems. This, however, depends on the system for the resolution of any such problems and could in fact be more or less efficient with a more principles-based approach, depending on how that system is designed and implemented. A major risk associated with a move to principles-based regulation is the lack of certainty or predictability. This is a risk that needs to be managed carefully in order to ensure that firms and individuals understand their obligations in the absence of specific rules as to how they should act. The FSA (2007a:12) acknowledges the need to address this risk and explains that ‘with a less prescriptive Handbook we are convinced that we must go further than we have been inclined to in the past in responding to firms’ queries. We will need to work with firms and the practitioner panels to find the right balance in achieving this.’ Accountability issues are, arguably, also more likely to arise in the absence of detailed rules. Wilson (2007) explains that the FSA approach to accountability and governance issues has always been principles-based, explaining that ‘we take a strong interest in how firms govern and organise their affairs because we take the view that if you get this right, much else follows. In doing this, our approach is generally to ask for explanations as to why the structure put in place offers the necessary challenge and level of control, and where such explanations are unconvincing, to seek change that achieves a better outcome.’ There may also be certain legal obstacles to a more principles-based approach to regulation. Obviously any regulatory body needs to remain within the law, and in the case of the UK FSA this includes, for example, EU law. It is important to recap at this stage that a move to more principles-based regulation does not mean the abolition of all detailed rules. Indeed the FSA (2007a:20) cites European legislation as one of the challenges or constraints that will remain as they move in the direction of a more principles-based system of regulation. Finally, and most pertinent to this review, is the increased risk of regulatory creep with a move to a more principles-based system of regulation. The BRTF (2004:11) identify two principal means through which a principles-based approach may lead to regulatory creep. The first of these is through a possible proliferation of guidance and overzealous enforcement. ‘High level goal-setting objectives may need further clarification. Goalsetting regulation can leave a vacuum that Government, regulators and industry will seek to fill with guidance. The guidance may stray beyond the original intention and/or it may be applied prescriptively by regulators and those being regulated.’ The second occurs if insufficient thought is given to how firms will demonstrate compliance with the principles, or if compliance staff lack adequate skills. ‘Regulators argue that it is their job to prove noncompliance and that there is no legal requirement for duty holders to demonstrate compli ance. However, compliance should not be a guessing game. Those being regulated do need to understand what is required of them in practice.’ Conclusion Clearly there are some advantages to Principles-based regulation of financial services, but there are also some risks. There will always be a place for rules in regulation, and the key to successful Principles-based regulation is to know when it is appropriate to rely on Principles, and when to specify detailed rules. Reliance on principles requires the provision of consistent advice to firms, and a commitment to ensure the regulator’s accountability mechanisms are not bypassed. These requirements in turn point to the need to ensure that compliance staff are sufficiently skilled and trained. The OECD (2005:4) highlights the need to pay ‘close attention to the institutional setting, with a view towards fostering accountability, transparency and trust’ in order to achieve high quality regulation. This is the case whether a more rules-based or a more principles-based approach is taken. As the BRTF (2004:14) points out, ‘[i]t is not only goal-setting regulation that can lead to regulatory creep. A lack of clarity about the scope of any type of regulation can lead to regulatory creep.’ A move to more principles-based regulation has the potential to presage a regulatory creep without a statutory grounding as well as the potential to allow regulators to keep pace with the financial services market. The aim of any such move must be to realise this latter potential whilst avoiding the former. Bibliography Better Regulation Task Force (2004) Avoiding Regulatory Creep. October 2004. London: Better Regulation Task Force. Cunningham, L. (2007) A Prescription to Retire the Rhetoric of â€Å"Principles-Based Systems† in Corporate Law, Securities Regulation and Accounting. Boston College Law School Legal Studies Research Paper Series, Research Paper 127, 13 March 2007. de Serres, A. et al. (2006) Regulation of Financial Systems and Economic Growth, OECD Economics Department Working Papers, No. 506. Paris: OECD Publishing. FSA (2007a) Principles-based regulation: Focusing on the outcomes that matter. April 2007. London: FSA. FSA (2007b) FSA Handbook, Release 065, May 2007 Hodgson, P. (2006) The Rise and Rise of the Regulatory State. The Political Quarterly 77(2) April-June 2006. pp247-254 Jones, C. (2004) ‘Regulatory Creep: Myths and Misunderstandings’, in Risk and Regulation, No 8 Winter 2004 p.6 OECD (2005) Designing independent and accountable regulatory authorities for high quality regulation. Proceedings of an Expert Meeting in London, United Kingdom, 10-11 January 2005. Paris: OECD. Wilson, S. (2007) Supervision in a Principles Based World. Speech given to the FSA Retail Firms Division Conference, London, 27 February 2007 (available from http://www.fsa.gov.uk/pages/Library/Communication/Speeches/2007/0227_sw.shtml)