Crimea: Paradise Divided Essay -- Ancient History

â€Å"Crimean history would suggest that it is folly to think that possession of any place, especially paradise, is anything other than a tenancy† (Newman, 2011).Crimea may be compared to paradise, the crowning glory of many an empire, and it is no wonder with its subtropical climate, fertile lands, soft meadows and sprawling coastline. But the very aspects that make an Eden out of the Crimean Peninsula have also been the causes of struggle and conflict. For it may be said that Crimea is a contested land in an identity crisis and is the subject of much debate still today. Divided by conflicting ethnicities, passed through the hands of the ancient Greeks to Ukraine and left battered by three major wars, Crimea truly is the jewel of many crowns (Newman, 2011). The period between 1 B.C. to 1475 set the stage for what was to become Crimea’s legacy. It was the rich resources offered by the peninsula that first attracted the Greeks in 1 B.C. (â€Å"Crimea,† 2011). Crimea soon became an important source of wheat for the kingdom (Rubel, 2003). However, the Greeks were unable to maintain a firm hold on the peninsula and were constantly warding off invaders. It became apparent that Crimea was not to stay in the hands of one group for long, a fact that has been the bane of many empires ever since. First the Goths and then the Huns, Slavs and Mongols following in succession invaded Crimea over the next thousand years (Crimea). Each fought to achieve control over what many deemed as paradise. The Romans were not to be left out either. By establishing protectorates and naval bases, they capitalized upon the fact that Crimea was an excellent area to position a navy and created the earliest ancestor to the Black Sea Fleet (Rubel, 2003). Na vies were to bec... ...ked/topic/514064/Russo-Turkish-wars Simonsen, S. (2000). â€Å"You take your oath only once:† Crimea, the black sea fleet, and national identity among russian officers. Nationalities Papers, 28(2), 289. The crimean khanate- a brief history. (2008). Retrieved from http://www.accesscrimea.com/crimean-khanate The transfer of the crimea to the ukraine. (2005, July). Retrieved from http://www.iccrimea.org/historical/crimeatransfer.html TJK. (2004). The tatar khanate of crimea. Retrieved from http://www.allempires.com/article/index.php?q=The_Crimean_Khanate Voyetekhov, B. (1943). Last days of sevastopol. Saturday Evening Post, 215(46), 18-106. Zihni, A. (2010). Pages from the history of the crimea, the ukraine, caucasia, poland and muscovy. Washington, DC: The International Committee for Crimea. Retrieved from http://www.iccrimea.org/historical/tevarih20100908.pdf

A Comparative Study of the Efficacy of Pilates and Acupuncture

Chronic low back pain is the diagnosis for individuals who have been suffering from acute back pain but have not showed any signs of improving.In a manner of speaking, chronic low back pain occurs when an individual’s acute back pain has reached the duration of 91 days without improvement (Bogduk & McGuirk, 2002). Chronic low back pain has various treatments, and this research aims to determine which is appropriate.According to Colleen Craig (2001), pilates exercises abdominal muscles, and one of these abdominal muscles, if properly attended to, can prevent chronic low back pain. Acupuncture, on the other hand, is also used for the treatment of low back pain (Liao, Lee, & Ng, 1994).Problem Statement and HypothesisThis study intends to determine whether or not pilates and acupuncture produce better results than that of traditional lumbar stabilization exercises for the treatment of chronic low back pain. The hypothesis of this research is that alternative methods, such as pilat es and acupuncture, are superior over the traditional lumbar stabilization exercises in treating chronic low back pain.AssumptionFor this research, it is assumed that pilates and acupuncture produce better results than that of the traditional lumbar stabilization exercises when it comes to treating patients with chronic low back pain.Purpose and SignificanceThis study aims to compare other modes of therapy to the traditional lumbar stabilization exercises and to determine whether other modes of therapy, specifically pilates and acupuncture, can help improve the conditions of patients who have chronic low back pain.The significance of the study is that it can provide information about which physical therapy is appropriate for individuals who have chronic low back pain. New information about various treatments can help enhance physical therapy and produce better results.Nature of Study and Theoretical FrameworkAn integration of quantitative and qualitative methods will be conducted th roughout the course of the study. The use of quantitative methods is vital for these will determine the empirical data that will contribute to the accuracy of the study. On the other hand, through the use of qualitative methods, the study will be able to provide insight on what the patients think of the aforementioned treatments.Research QuestionsThis study aims to address the following:Which treatment is more effective in the treatment of chronic low back pain? Why is the treatment more effective than the other treatments? What are the pros and cons of alternative treatments for chronic low back pain?   Definition of TermsChronic back pain – the condition wherein the individual has been suffering from acute back pain and has not shown any signs of improving after the duration of 91 days (Bogduk & McGuirk, 2002).Pilates – a â€Å"system of exercises† (Breibart, 2005, p. 3) that helps to stretch and strengthen the body as well as improve its posture and tone (B reibart, 2005).Acupuncture – the insertion of â€Å"hair-fine needles† (Tierney, 1999, p. 1) into certain areas of the body in order to stimulate the healing capacity of the individual’s body (Tierney, 1999).

Emergence of Market Society - 1713 Words

The market today has become so important that society takes it as completely natural. From â€Å"The Economic Problem† Heilbroner describes three main solutions, with the market being one. Furthermore into the market, Polanyis book â€Å"The great Transformation† gives insight on how much society actually allows the market to dominate. To Polanyi a market society is seen as social relations embedded in the economy instead of the economy being embedded in social relations. Examining both of these books gives a great understanding on how life was without the market and how it came to be. Taking note of Rineharts work as well on how the workplace has drastically been changed by the market is key to analyzing the transformation as a whole. As a result†¦show more content†¦On the contrary, the only jobs available are the ones that convert wages into capital. Essentially, giving people wages to buy more materials is the main goal of the market. Another key component that aids in maintaining the market economy are the three fictitious commodities which are labour, land and money. Capitalism grew as labour was turned into wages, land into rent, and money into interest. Land was owned by farmers who lived on it and grew crops. Labour was minimal and only when something needed to be done. Money was never of much importance because it did not grow crops, live stock or water. These commodifications began to add value to all types of materials, which in fact devalued things. Although it is quite odd to put prices or value on such items, the market grew stronger in society because of them. As the market had progressed it began to take a hold of peoples minds. The intangible values became less valuableSociety had no choice but to follow the market as other solutions to the economic problem were overturned. The market society developed as people began searching for work outside of what families had been doing for centuries. Prior to the popular use of the market, two other solutions were used for economic problems. Heilbroner explains how useful the traditional and command economy are. Beginning with traditon, which is identical to the characteristics of the primitive. This solutionShow MoreRelatedThe Emergence Of Market Society1573 Words   |  7 PagesThe whole society has become a market. Societies used to consist of people that were governed by certain ideologies, laws, and practices. Being driven by capitalism, society has developed everything into a commodity, in which we now call a market society. Other socio-economic communities historically had concepts that were different from what is predominated in our present society. The emergence of market society establishes the great transformation from a traditional society to a market economy thatRead MoreAnalysis Of Karl Polanyi s Societies And Economic Systems 1389 Words   |  6 Pages Transformation of The Workplace In Karl Polanyi’s article â€Å"Societies and Economic Systems†, Karl Rinehart’s ‘Alienation and the Development of Industrial Capitalism in Canada’, and Richard Bendix’s â€Å"Aspects of Economic Rationality in the West†, the emergence and transformation to a market society is displayed through ideological and material conditions. Polanyi attempts to uncover the rise of the market economy by examining past economic structures and the change in the role of commoditiesRead MoreMarket Society1668 Words   |  7 PagesTransformation to Market Society We are living in market society, which is so different from previous societies. In market society, the whole of society is a system of self-regulating market (Polanyi 43). In order to make the market society function, people need to think and act in certain ways(Polanyi 68). For example, people in market society think that economic relations are much more important than interpersonal relations (Polanyi 44). Polanyi calls the emergence of market society â€Å"the great transformation†Read Moresosc1140 essay31658 Words   |  7 PagesTransformation to Market Society We are living in market society, which is so different from previous societies. In market society, the whole of society is a system of self-regulating market (Polanyi 43). In order to make the market society function, people need to think and act in certain ways(Polanyi 68). For example, people in market society think that economic relations are much more important than interpersonal relations (Polanyi 44). Polanyi calls the emergence of market society â€Å"the great transformation†Read MoreEssay on Market Society1680 Words   |  7 Pagesabout the important shift to market society by explaining the material and ideological conditions that help integrate the society to transform into the market society. Firstly, this paper is going to explain the material conditions by showing what characterizes a market society and this also show how the market society differs from the structures of the previous social organization, and also the changes that take place in the workplace due to the shift to market society. Secondly, this paper will alsoRead MoreThe Emergence Of The West1244 Words   |  5 Pagespremodern events supported their emergence. From their plaques in late 14th century to their dominance in by the 19th century, this chronological approach tracked the economic, military and geopolitical changes of the West compared to their Asian counterparts. The chronological approach included the Renaissance, the West’s integration of gunpowder and print products, investments in the British and Dutch East India companies, and their exploration for new land. The emergence of the West began with theRead MoreTransforming Of The Market Society1573 Words   |  7 PagesTransforming to the Market Society We currently live in a market society that is completely different from past societies. In market society, the society is a system of self-regulating market as a whole (Polanyi 43). People are needed to act and think in particular ways for the market society to function (Polanyi 68). For instance, people in market society believe that economic relations are more needed than interpersonal relations (Polanyi 44). Polanyi calls the emergence of market society â€Å"the great transformation†Read MoreThe Populist Movement Essay715 Words   |  3 PagesThe Populist Movement The small farmers of America struggled through many agricultural problems during the late19th century. Their exclusion from the industrializing society, and their lagging in developments set them back from the rest of the country. Through their hardships they found a way to come together and form a political movement that would represent their rights and needs and give them a voice in the political decision making; it was called the Populist movement. However, theRead MoreKarl Marx And Max Weber1324 Words   |  6 Pagesinfluenced many sociologists. Predominantly, both of these theorists’ discussed the effects of capitalism, how it has developed, shaped and changed society into what it is today. Specifically, Karl Marx’s contribution of the bourgeoisie vs. the proletariat class and Max Weber’s social stratification has helped individuals to understand how modern day society has transformed into what it is today. Particularly, this paper will lie out Weber’s theory of social stratification and Marx’s theory of the bourgeoisieRead MoreThe World Organizational And Industrial System Essay1701 Words   |  7 Pageson the efficient and goal attainment of the organization. This led to emergence of neoliberals in the sphere of industrialization which is capital centre policy that enrich the bourgeoisies- the company and industries owners; and make the poor to grow poorer-mostly the w orkers and personnel in the industries. Thus, the organizational structure and system became non-cognizance of workers’ value and welfares. This led to emergence of workers’ associations which transformed in Labour Unions today with

Merrimack Tractors and Mowers - Free Essay Example

Sample details Pages: 3 Words: 801 Downloads: 5 Date added: 2017/09/22 Category Advertising Essay Type Argumentative essay Did you like this example? Merrimack Tractors and Mowers, Inc. : LIFO or FIFO? 1. Study the financial information for reel mower units that James Colburn prepared for Rick Martino. (Assume that the reel mower units are typical of all classes of inventory at Merrimack). Prepare a pro-forma income statement assuming no changes in accounting policy for 2008, and assuming the company sells 10,000 units each quarter at a price of 2,000 per unit with Sales General and Administration costs the same as for 2007. SalesQuarterUnits 000sUnit $ $ 000s 110 2,000 20,000 210 2,000 20,000 310 2,000 20,000 410 2,000 20,000 80,000 LIFOBeginning Inventory+ Purchases Ending Inventory= Cost of Goods Sold (CGS) 2008Units 000s Price $ 000sUnits 000s Price $ 000sUnits 000s Price $ 000sUnits 000s Price $ 000s Q115 900 13,500 10 1,400 14,000 15 900 13,500 10 1,400 14,000 Q215 900 13,500 10 1,500 15,000 15 900 13,500 10 1,500 15,000 Q315 900 13,500 10 1,600 16,000 15 900 13,500 10 1,600 16,000 Q415 900 13,500 10 1,700 17 ,000 15 900 13,500 10 1,700 17,000 Year15 900 13,500 40 1,550 62,000 15 900 13,500 40 1,550 62,000 Proforma Income Statement, Year End 2008 LIFO20072008 $ 000s$ 000s Sales 67,000 80,000 CGS 46,000 62,000 Gross Margin 21,000 18,000 Gross Margin %31%23% Selling and Admin Exp. 10,000 10,000 Income before taxes 11,000 8,000 Income Tax (35%) 3,850 2,800 Net Income 7,150 5,200 Net Income %11%7% 2. How would this change if the unit sales pattern was 10,000; 5,000; 20,000; 5,000 units in the four quartes? Why? SalesQuarterUnits 000sUnit $ $ 000s 110 2,000 20,000 25 2,000 10,000 320 2,000 40,000 45 2,000 10,000 80,000 LIFOBeginning Inventory+ Purchases Ending Inventory= Cost of Goods Sold (CGS) 2008Units 000s Price $ 000sUnits 000s Price $ 000sUnits 000s Price $ 000sUnits 000s Price $ 000s Q115 900 13,500 10 1,400 14,000 15 900 13,500 10 1,400 14,000 Q215 900 13,500 10 1,500 15,000 2015 900 13,500 5 1,500 7,500 5 1,500 7,500 Q32015 900 13,500 10 1,600 16,000 10 900 9,000 205 900 4,50 0 5 1,500 7,500 5 1,500 7,500 10 1,600 16,000 Q410 900 9,000 10 1,700 17,000 1510 900 9,000 5 1,700 8,500 5 1,700 8,500 Year15 900 13,500 40 1,550 62,000 15 1,167 17,500 40 1,450 58,000 Proforma Income Statement, Year End 2008 LIFO200720082008 $ 000s$ 000s$ 000s Sales 67,000 80,000 80,000 CGS 46,000 62,000 58,000 Gross Margin 21,000 18,000 22,000 Gross Margin %31%23%28% Selling and Admin Exp. 0,000 10,000 10,000 Income before taxes 11,000 8,000 12,000 Income Tax (35%) 3,850 2,800 4,200 Net Income 7,150 5,200 7,800 Net Income %11%7%10% 3. If Merrymack Tractors and Mowers were to adopt FIFO as of january 1, 2008. How would this affect the financial statements (balance Sheets, P and cashFlow)? You may assume the 10,000 per quarter of unit sales FIFOBeginning Inventory+ Purchases Ending Inventory= Cost of Goods Sold (CGS) 2008Units 000s Price $ 000sUnits 000s Price $ 000sUnits 000s Price $ 000sUnits 000s Price $ 000s Q115 1,267 19,000 10 1,400 14,000 155 1,267 6,333 10 1,267 12,667 10 1,400 Q2155 1,267 6,333 10 1,500 15,000 155 1,400 7,000 105 1,267 6,333 10 1,400 14,000 10 1,500 15,000 5 1,400 7,000 Q3155 1,400 7,000 10 1,600 16,000 155 1,500 7,500 105 1,400 7,000 10 1,500 15,000 10 1,600 16,000 5 1,500 7,500 Q4155 1,500 7,500 10 1,700 17,000 155 1,600 8,000 105 1,500 7,500 10 1,600 16,000 10 1,700 17,000 5 1,600 8,000 Year15 1,267 19,000 40 1,550 62,000 15 1,667 25,000 40 1,400 56,000 Proforma Income Statement, Year End 2008 FIFO (LIFO) LIFO Level LIFO FIFO 2007200820082009 $ 000s$ 000s$ 000s$ 000s Sales 67,000 80,000 80,000 80,000 CGS 46,000 62,000 58,000 56,000 Gross Margin 21,000 18,000 22,000 24,000 Gross Margin %31%23%28%30% Selling and Admin Exp. 10,000 10,000 10,000 10,000 Income before taxes 11,000 8,000 12,000 14,000 Income before taxes %16%10%15%18% Income Tax (35%) 3,850 2,800 4,200 4,900 Net Income 7,150 5,200 7,800 9,100 Net Income %11%7%10%11% Realizando este metodo se generan mayores ingresos, ya que los costos de las mercaderias de las pr imeras compras es menor. 4. In the pro-forma income statements that James Colburn prepared for Rick Martino, the costs of reel mower units and transportations were rising for 2007 and 2008. How would Merrimack Mowers and its accounting choices have differed if inventory purchase prices and transportation costs had been stable or falling over the two-year period? (For example, if Merrimack were a computer assembly firm. Merrimaack antes controlaba sus ventas con los costos de sus ultimas compras, eso ha ocasionado un cambio en su contabilidad. Anteriormente utilizaban el metodo LIFO (UEPS), que daba lugar a una reduccion de las ganancias al obtener precios mas altos sobre la compra del inventario. El precio de los materiales y de transporte no es fijo, este puede fluctuar, dando lugar al incremento de los costos. 5. What are the purposes of financial reporting? Los estados financiero tienen como finalidad poder comparar las finanzas de la empresa en distintas etapas o anos para tomar mejores desiciones en el presente y futuro. Estos se encargan de dar a conocer los ingresos, egresos y ganancias de la empresa. En el caso Merrimack la variacion de los medleos de evaluacion de inventarios ocasiona una diferencia en los costos de los inventarios. 6. Is James Colburn suggesting to Rick Martino that they should be managing earnings rather than managing the company and its business? Although such changes are clearly permitted by law, do you consider them to be ethical? James Colbum propone realizar cambios utilizando un metodo distinto para la valuacion de inventarios, pero no creo que sea correcto porque generaria confusion, ya que en financieramente se visualizaria un aumento en las ganacias, sin mostrar detalles de que esto ocurrio solo por un cambio contable, no por una mejor gestion empresarial. 7. Assuming that Rick Martino recommends to his Board of Directors that they should switch from LIFO to FIFO for 2008, do you consider adecuate the following phrase s to be seen in footnotes to the financials statements explaining the change Merrimack is making? : a). †¦. conditions have changed since†¦ the new method gives a more accurate picture of company performance†¦ No lo considero adecuado, ya que el metodo no refleja una imagen precisa del rendimiento de la compania, pues el metodo suele ser enganoso. b). †¦ we chose to change now because we believe that eventually we will be forced to do so †¦. No importa cuando se hicieran los cambios, el negocio estaria funcionando igual. c). †¦. We are changing our methods of operations, and FIFO better presents our inventory flow and costs Con este metodo se logran mejores ganancias netas, mas alla de presentarse mejor su inventario y sus costos. Don’t waste time! Our writers will create an original "Merrimack Tractors and Mowers" essay for you Create order

Speech On Being Immortal - Original Writing - 929 Words

Being immortal. That just sounds like science fiction, and totally unreal. Although, books, even words on paper, can last longer than a human life. It is one way we can pass down our legacy. And hopefully the younger generation will be able to learn from our mistakes. But, that would mean, we’d have to understand how to communicate effectively through our writing. Sadly, putting the ABC’s together to form words, is slightly more difficult than it seems. Unfortunately for me, writing isn’t my passion, rather it feels more of a chore. Just another task to check off, on my overpacked to-do list. Furthermore, to way back when I had quite a lot of time was in my freshman year in Mr. Schick’s class at Mililani High School. While I was taking honors english, I got placed in a group and had to complete a daunting task of writing a parody script for a play from Romeo and Juliet. Not only writing it with some humor, but to perform it with props and backdrops. Each t eam/grouping had to make everything needed for the skit, by themselves. Let me just say, communication sucks. Literally, we all know the struggle of writing with groups plus doing a creative assignment with others. Not the most pleasant task in the world, for sure. Anyway, it was stressful and frustrating to work with my team, but they did help improve my writing so I wouldn’t have to feel embarrassed about my simple errors. I was partly self-conscious to share my parts of the script writing because I didn’t feel confidentShow MoreRelatedSri Aurobindo870 Words   |  4 Pagespoetry and prose. He believed in the unity of all things material, intellectual, and spiritual, and a central theme that runs throughout all his writings is the divinization of life on earth. Sri Aurobindo, not only expressed his spiritual thought and vision in intricate metaphysical reasoning and in phenomenological terms, but also in poetry. He started writing poetry as a young student, and cont inued until late in his life. The theme of his poetry changed with the projects that he undertook. It rangedRead MoreEssay on Report on Gullivers Travels, Part 31389 Words   |  6 Pagesinteresting and deserving of critical attention. In this section, the narrator, Lemuel Gulliver, visits Laputa, the floating island; Balnibarbi, home of the famous academy of Projectors; Glubbdubdrib, the island of magicians; Luggnagg, home of the immortal struldbruggs; and finally Japan, where he finally is able to find a way back home to England. In this paper, I will briefly describe the setting, J summarize the plot, describe the characters, and comment on the satire in each place Gulliver visitsRead MoreSatan: the True Hero of Paradise Lost1635 Words   |  7 Pagesfollowers. In The Odyssey, Homer lets Odysseus give a speech that would convince anyone they could survive the journey to the Strait of Messina, Then we die with our eyes open , if we are going to die, or know what death we baffl e if we can.(ln.1243-1245) After passing the Sirens, the ship approaches the Strait, and the crew sees the twin terrors of Scylla and Charybdis, they are mortified. Odysseus again lifts their spirits with this speech, Garcia 2 Friends, have we ever been in danger beforeRead More Satan: The True Hero of Paradise Lost by Milton Essay1638 Words   |  7 Pagesfollowers. In The Odyssey, Homer lets Odysseus give a speech that would convince anyone they could survive the journey to the Strait of Messina, Then we die with our eyes open, if we are going to die, or know what death we baffle if we can. (Ln.1243-1245) After passing the Sirens, the ship approaches the Strait, and the crew sees the twin terrors of Scylla and Charybdis, they are mortified. Odysseus again lifts their spirits with this speech, Friends, have we ever been in danger before this? MoreRead MoreWilliam Shakespeare s A Chance Essay1977 Words   |  8 Pageswhile the definitions of other words have changed altogether. Many individuals are often frustrated when attempting to interpret the riddles of Shakespearean wordplay. Often, readers will give up before having truly given the beauty of Shakespeare’s writings a chance. Fortunately, the miracles of modern technology—list the ones you will discuss between these dashes-- lend to students of Shakespeare the ability not only to grasp, interpret, and understand the written words, but this technology also givesRead MoreThe Beauty of the Verse in Goethes Faust1568 Words   |  6 Pagesthe form of the original verse, something Goethe obviously did not intend to focus on; his rhyme schemes vary through the book, following no discernable pattern except for the occasional repetition of an â€Å"abccbd† or â€Å"ababc† form. He allows the diction to tell his story while intermittently taking advantage of a rhyme scheme to enhance the story. Translators do not seem to grasp this, clinging to stringent, archaic ideas that a translation must be patterned similar to the original work, but need notRead MoreThe Age Of Dryden By Charles Dryden1323 Words   |  6 Pagesearlier, he may have went back to college after his father s death. Before April 1655 he had left trinity college for good. Two years after he left trinity college he was placed in london october 19th 1657 signing a receipt for 50 pounds that was being paid to him by a John Thurloe, the secretary of the state to a Oliver Cromwell. This was possibly a clerical work for a latin secretary, also two other poets were employed. Together the three marched together for the funeral procession for CromwellRead MoreThe American Dream1652 Words   |  7 Pagesthat we as Americans have. An example of liberty being in-laws would be the first amendment. The freedom of speech, petition, and expression directly mirrors Americans value of liberty above all else since it is the first amendment to our constitution. Being an American often bring up images of flag-waving people on the fourth of July. However, the overzealous image of America is a minute microcosm of what really makes America wonderful. Being an American means the citizens of America are responsibleRead MoreFigure of Speech in A Valediction: Forbidding Mourning by John Donne1625 Words   |  7 Pageshis competent writing style using extended metaphors, comparisons along with connotation and denotation throughout the poem, Donne expresses his belief in the strength of their angelic love to get through the physical separation. In 1611, John Donne had to leave for a Europe trip, leaving behind his pregnant wife (Brackett). He wrote this poem as a farewell pledging his wife on their reunion and suggesting her not to be sorrowful. The writer uses several methods of figure of speech, among which areRead Moreâ€Å"Because I could not stop for Death† and â€Å"Annabel Lee†: Similarities, Differences, and Their Authors1494 Words   |  6 PagesIn literature, themes shape and characterize an author’s writing making each work unique as different points of view are expressed within a writing’s words and sentences. This is the case, for example, of Edgar Allan Poe’s poem â€Å"Annabel Lee† and Emily Dickinson’s poem â€Å"Because I could not stop for Death.† Both poems focus on the same theme of death, but while Poe’s poem reflects that death is an atrocious event because of the suffering and struggle that it provokes, Dickinson’s poem reflects t hat

Law Free Essays

1. What is one way the U.S. We will write a custom essay sample on Law or any similar topic only for you Order Now legal systems affects U.S. businesses? Answer: There are several ways the legal system can affect businesses but the one way the U.S. legal system affect U. S. businesses are the antitrust law which changed the way businesses operate. This law controlled some a banned others in the way businesses compete/operate. This law would hinder business from competing in the way they desire to. This law was passed to enable every organization the same opportunity to gain access to the free enterprise system (Jennings, 2006). 1.a. How do specific aspects of the U.S. legal system help further commerce? Answer: The first part of question #1.a.: The commerce is furthered by the international business and the creative business deals are accomplished to increase profits around the legal system. When combined with certain other aspects of the U.S. legal system (for example, class action litigation, high legal costs, joint and several liability, and contingency fee structures), the potential for a significant award—even if it is perceived as unlikely and unmerited—can create a strong incentive to settle an actual or threatened case. This incentive exists even though it is recognized that actual punitive damages awards are unusual and that, even when punitive damages are awarded by a jury, they can subsequently be reduced by a court decision (Diamond, Levine, and Madden, 2008). 1.b. What would happen if those characteristics were not present? Answer: The first part of question #1.b.: The legal system would become more arbitrary, and people as a whole would have less faith in the ability to produce just outcomes.† The area of tax law would be much less influential if the characteristics were not present (Diamond, Levine, and Madden, 2008). 2. Reflect on characteristics of the traditional litigation system, such as suit, answer, discovery, trial, or jury. What are risks organizations encounter when dealing with traditional litigation? Answer: Naturally, business managers should take professional legal advice at every stage where their vulnerability analysis shows exposure to risk. Thus, all strategic and operational planning should consider the potential liability in contract and tort, recommending change to systems to reduce the risks of negotiating contracts which contain adverse terms, of breach of any existing agreements, of breach of any duty of care in tort, etc. Avoidance strategies for litigation should include effective commitment to ADR, and so on. In other words, attorneys keep firms out of trouble (Jennings, 2006). 2.a. What measures might managers take to reduce exposure to those risks? Answer: The first part of question #2.a.: Risk management involves identifying threats to business and creating ways to reduce their impact. The goal of risk management is to use knowledge about potential losses and risks to avoid, reduce or transfer the risk before unexpected events occur. Risk exposure varies widely from industry to industry and even from business to business within the same industry. Unexpected losses can derail even established, well-run businesses. When used in combination, risk management and insurance provide business owners with a powerful underpinning of security. Adopting good risk management techniques will have the added benefit of improving your company’s operations. It can also distinguish you from your competitors. Nothing is more appealing to prospective clients than a firm that is quality-driven (Jennings, 2006). 3. Select a dispute that commonly arises in a business or commercial situation. Answer: Problems arise every day between businesses, their customers, suppliers, partners and employees. Most of the time these are dealt with quickly and efficiently through common sense. A small percentage, however, escalate into a dispute. Disputes that remain unresolved may start affecting the profitability and productivity of the business. 3.a. Which ADR process would be best suited to resolve this dispute? Explain why? Answer: ‘Alternative Dispute Resolution’ (ADR) instead of litigation, where it is appropriate. In most cases ADR can offer small business a low-cost, quick and flexible system for resolving disputes. ADR is a viable alternative to litigation, typically achieving a success rate of around 80%, without costly and time-consuming legal action. For example, some studies show that using ADR in a dispute can cost as little as five percent of the cost of going to court. 3.b. Which processes would not be suitable? Why not?  Answer: The first part of question #3.a.: Arbitration is submission of a dispute to one or more impartial persons for a final and binding decision. The arbitrators may be attorneys or business persons with expertise in a particular field. The parties control the range of issues to be resolved by arbitration, the scope of the relief to be awarded, and many of the procedural aspects of the process. Arbitration is less formal than a court trial. The hearing is private. Few awards are reviewed by the courts because the parties have agreed to be bound by the decision of their arbitrator. In some cases, it is prearranged that the award will only be advisory. The reason why it would not be suitable because both sides might not like the decision the arbitrator might make toward the decisions of both companies (‘Lectric Law Library, 2010). References http://www.lectlaw.com/files/adr11.htm How to cite Law, Essay examples Law Free Essays Mary made an offer to Lima and Mike for them to paint her house for $2500. There Is no statement on whether or not they verbally accepted her offer which In this case does not make It an agreement. It makes It an offer and since Mary saw Bill’s advertisement, which Is considered an offer, and by her calling and making arrangements with Bill’s she accepted his offer. We will write a custom essay sample on Law or any similar topic only for you Order Now Mike and Llama can say that Mary Is In breach of contract but In fact no acceptance was made on their part. How did they know what time to arrive? Or what color to paint the house? Since acceptance Is what makes the offer an oral agreement and a blending contract, no match was made to the offer. When Mary made the offer to pay $2500 for Mike and Lima to paint her house, they should have responded by accepting her offer and even could have bargained by her paying them the money plus supplies. Mary should be the one to win in this case for the fact that her offer was not accepted initially at the time she offered it and therefore is not legally bound to pay them anything. However they could be noninsured as trespassing and destruction of property since they were on her property without her initially consent. Since they did not agree at the time she was unaware that they would be showing up. She in this case can be considered a consumer looking for the best deal. She offered the Job to Mike and Lima and the next day found a better offer. She is allowed to change her mind as to who is to paint her house. For example, it would be no different if Mary had offered to watch Mike’s child for $5 an hour. The offer was made but Mike is not required to bring his child to Mary and pay her if Jane will watch the same child for $2. 50 an hour plus feed the child at no additional cost to Mike. References Melvin S. P. (201 1), The Legal Environment of Business A Managerial Approach: Theory to Practice New York, NY McGraw Hill Irwin. Shuffler, D. (2006). Contracts: Deal or no deal? PAT, 14(7), 34. Law 421 By squabbling Mary made an offer to Lima and Mike for them to paint her house for $2500. There is no statement on whether or not they verbally accepted her offer which in this case does not make it an agreement. It makes it an offer and since Mary saw Bill’s advertisement, which is considered an offer, and by her calling and making arrangements with Bill’s she accepted his offer. Mike and Lima can say that Mary is in breach of contract but in fact no acceptance was made on their part. How did they know what time to arrive? Or what color to paint the house? Since acceptance is what makes the offer an oral agreement and a binding contract, no match was made to the to Practice New York, NY McGraw Hill Irwin. Shiftier, D. (2006). Contracts: Deal or no How to cite Law, Papers

Essay for Mandatory Metadata Retention - myassignmenthelp.com

Question: Write about theEssay for Mandatory Metadata Retention. Answer: Introduction: In the present essay, an attempt has been made to examine the effectiveness of the mandatory metadata retention program of Australia. The data retention scheme of the federal government has been officially in effect for some time now. This means that the metadata of the mobile and online communication in Australia is starting to be collected. Such data will be stored for at least two years. The data can be used for scrutiny by the national security agencies. The data retention legislation has been passed way back in 2015. As a result, the Federal Government can require the Internet service providers and telecommunication companies to retain consistent and reliable data of their customers for a period of two years. Describe the crime problem: Metadata can be described as the background technical information related with a communication. It includes the time and date of a call, how long the call lasted and what were the IP address of the webpage and also the e-mail addresses. However it does not include the recording of actual contents of the call or the website that was visited by the user. In this regard, controversial legislation has been passed on the government in 2015. As a result of these laws, it became compulsory for the telecommunication service providers to retain metadata from the users for at least two years. In a famous statement, Atty. Gen. George Brandis has compared metadata with a letter in the post. Therefore, he said that metadata can be described as the name and address data as you mention on the envelope, but it does not include the contents of the letter (Brandis, 2015). As a result of these changes, now the telecommunication companies in Australia will have to fulfill their legal requirement according to which they will have to retain six types of metadata from the usage and information of their customers.. This data can be scrutinized by the national security and law enforcement agencies. The area of data that need to be stored and made available to the government includes any identifying information that is linked with the subscribers of accounts (Brown et al., 2015). This means the names, phone numbers, addresses, e-mail and IP addresses of the persons according to the billing details that are available with the telecommunication companies. It also includes the source of any communication which means user names, telephone numbers, e-mail and IP addresses of persons or the account establishing an SMS message, phone call, voice message or e-mail. Similarly, it also includes the definition of communications. However, it excludes the Internet browsin g history of an individual. The companies will be required to provide date, time and the duration of communication, along with the details that can be used for identifying a collection. The companies will be required to store the types of communication and Internet services used. Hence, the government will be in a position to know if a particular SMS message, e-mail, voice messages or any social media usage has been made by a person using services like ADSL connection or WiFi. In the same way, the physical location of the place where the communication has been made, as well as the geographic location of any mobile device and the physical address that is related with the fixed Internet connection (Commonwealth of Australia, 2015). Overview: Before the enactment of the new legislation, the law enforcement agencies are allowed to use targeted data preservation notices to make a request to Internet service providers and telecommunication companies to store communications related with suspected criminals. On the other hand, according to the news scheme, there are lesser agencies that can access metadata. But many of these agencies have been allowed warrantless access to the private details related with the users of Internet service providers and telecommunication companies. This list of agencies that have the access to metadata can be added by the Attorney General. After 2015, there has been a review of access to retained metadata by the government in case of civil law cases. It has been confirmed by the government that it is not going to allow access to metadata concerning civil cases like proceedings under the family law, which involves violence or the cases involving international child abduction after conducti ng the recent review. Under the new legislation, the telecommunication companies that use infrastructure in Australia for the purpose of operating any of their services in the country can be subject to the obligations of data retention (Crowe, 2014). Among these service providers are the carriage service providers, licensed carriers and Internet service providers. At the same time, there are certain services that have not been included under the data retention obligations. According to the obligations related with data retention, there are certain telecommunication service providers that will have to retain particular telecommunications data related with the services that have been offered by them. This data needs to be encrypted and protected from any unauthorized access or intrusion. There is certain information of the subscribers that need to be retained for the life of the account and for two years more after the closure of the account. On the basis of the type of service offered by the company, the service providers may not have to retain all the gay big arrays of data. In this regard, guidelines have been bewildered by the department to support industry in understanding their obligations related with data retention. Detail the crime prevention principles: Regarding the data retention obligations, that that can be described as the information concerning the communication instead of being the content on these instances of the communication. For example, in case of phone calls, such data includes the phone numbers of persons that are talking to each other and or how long they have talked but not for they have said. Similarly, in case of e-mails, the data includes the information like the relevant e-mail address and when it has been sent but not the content of the e-mail. It is not required under the Telecommunications (Interception and Access) Act, 1979 that the companies should retain data that may include the web browsing history of an individual. At the same time, nearly in case of every serious national security a criminal investigation, data is used (Donohue, 2014). This includes the investigation related with counter-espionage, counter-terrorism, kidnapping, murder, sexual assault etc. in thi s regard, data is used by the agencies warn quickly ruling out innocent individuals from suspicion and to conduct further investigation. It is also used to identify suspects and discover the network of criminals. Data is used to support applications for warrants for using overinclusive and complex tools like interception. Similarly, data is also used by the agencies as evidence for supporting prosecution. In this regard, there are several safeguards present related with the existing telecommunications data under the Act. Particularly these include the fact that the existing data has been restricted to a list of national security and law enforcement agencies. The agencies that have been providing access to data have to undergo independent oversight by the Commonwealth ombudsman or by Inspector General of Intelligence and Security when the Australian Security Intelligence Organization is involved (Greenwald, 2014). The Atty. Gen. also has the responsibility to give a report to the par liament raid with the operations of data retention scheme each year. Where the enforcement agencies or the ASIO need to access the data of a journalist for identifying a source, the law requires that these agencies will obtain a warrant. Similarly, these agencies are also required to report all the requests to the independent respective oversight body (Guy, 2016). Similarly it also needs to be mentioned that for the purpose of Privacy Act, 1988, the data that has been retained by the individual companies on Internet service providers under the Act needs to be considered as personal information. In such cases, the Privacy Commissioner can evaluate the compliance by the telecommunication companies with the Australian Privacy Principles in context of the data maintained by them. The commissioner also monitors the nondisclosure obligations of the telecom industry under the Telecommunications Act, 1997. Analysis: There are different opinions present regarding the way in which the metadata retention scheme can comply with the requirements of privacy and freedom of expression rights. While on one hand, the strongest statements like "necessary and proportionate" principles have been proposed by a coalition of academics, civil rights societies, and technology and privacy experts. In these principles, a complete prohibition has been proposed on indiscriminate collecting of meta-data (Taylor, 2016). A warning is also being given by the United Nations and the Inter-American Special Rapporteurs (2013) have also given a warning that access to metadata should be allowed only in very exceptional circumstances. In the same way, it has been mentioned by the European Court of Justice that in discriminate retention of data obligation goes beyond what is necessary and of course made for the purpose of achieving the objective of fighting serious crime. Therefore, such obligation was not compatible w ith the fundamental right to privacy and to protect the data. This was held in Digital Rights Ireland v Minister for Communications, 2014. As is the case with the Australian scheme, it is also required by the European Directive 2006/24/EC that the providers of publicly available communication services or the public communication networks have an obligation of retaining the traffic and location data, although they are not required to retain the contents of the communication, for the period of six months to two years. The objective behind such obligation is to make sure that the data is available for investigation, detection and also can be used in prosecution of serious crime which includes the cases of terrorism. But in view of the interference of these obligations, which can be termed as serious and wide-ranging, with the right to privacy, it is likely that the people may start to feel as if there private life is constantly under surveillance. Hence there is a need that the data re tention should be proportional, and it should be strictly necessary for achieving the objective. Under these circumstances, it can be said that as a result of the wide scope of the data retention regime in Australia, there can be a conflict with the human right to privacy. While under the data retention regime it is required that they should be indiscriminate retention of extensive information that can reveal significant details related with private communication, the information that in itself is private. In view of the wide obligations to retain the data, the issue of access to this data becomes important. Under the earlier law, they were a wide range of government agencies that have been allowed to access the data available with the telecommunications providers while enforcing a criminal law or to impose a fine. On the other hand, a new list of criminal law enforcement agencies has been introduced by the Data Retention Act. Then the rest is significantly narrower than the diverse agencies that were earlier allowed to access data. Conclusion: it can be stated in the end that new data retention law of the government has to face criticism due to several reasons. For instance, the new regime provides warrantless access to the government agencies regarding personal data. Even if these agencies are not strictly the law enforcement agencies. At the same time, still, there is some confusion present regarding the new regime. The reason is that the legislation is still unclear and similarly it does not cover overseas webmail services as well as a number of messaging apps. Similarly, consumer protections like mandatory data breach legislation were missing at the time of the enactment of the law. This significant safeguards should been present in the data retention regime. References Brandis, G. (2015) One more anti-terror tool. The Australian, Retrieved from https://www.theaustralian.com.au/opinion/one-more-antiterror-tool/news-story/b9f48192069443268dec2dfcb04870c5 Brown, I., Halperin, M. H., Hayes, B., Scott, B., Vermeulen, M. (2015). Towards Multilateral Standards for Surveillance Reform. Oxford Internet Institute Discussion Paper. Retrieved from https://papers.ssrn.com/abstract=2551164 Commonwealth of Australia (2015), Martin Place Siege: Joint Commonwealth-New South Wales review, Canberra, January 2015 Crowe, D. (2014) Tough terror laws target jihadis. The Australian. Retrieved from https://at.theaustralian.com.au/link/b7eb7c0de853829d9a475d0ec62f6154?domain=theaustraliancom.au Donohue, L. K. (2014). Bulk Metadata Collection: Statutory and Constitutional Considerations. Harvard Journal of Law Public Policy, 37 (3), 757 Greenwald, G. (2014). No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State. New York: Henry Holt. Guy, G. (2016) Requests for Access to Telecommunications Metadata under 176A of the TIA, Right to Know, https://www.righttoknow.org.au/request/requests_for_access_to_telecommu https://www.crikey.com.au/2016/01/18/over-60-agencies-apply-to-snoop-into-your-metadata/ Taylor, J. (2016) Over 60 agencies apply to snoop into your metadata. Crikey. Retrieved from Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources [2014] All ER