Sunday, May 24, 2020

Term Papers on Class Action Suit

Introduction There have been various occasions when employees are discriminated against in terms of promotion on the basis that they are not of the required sex, not that they are not qualified to be in those positions. Because of this, class action lawsuit has been formulated to be applied by the victims of promotional or salary discrimination to fight for their rights. This write up explains the use of class Action lawsuit by the affected people to ensure they are not discriminated against in promotion at workplace on the basis that they are not of the required sex while they have the qualification to be in those positions. Main Text Class action is a situation where a group of employees join forces to file a case in court in which a particular group of defendants are being involved. This type of cooperative lawsuit was first used in the United States and is still majorly used in the U.S. The adoption of this law has spread to other European countries but some variations have been effected with time to allow various organizations to forward claims in defense of large group of consumers. By becoming a member of class action lawsuit, a person is required to sign an agreement that he/she ceases to have the rights to sue the organization as a person. If the plaintiffs are successful in their claim, the class action is usually rewarded in comparison to the damage afflicted by the defendants. On the other hand, it is not a guarantee that all the members of the suit should be compensated if the plaintiff becomes successful. The rate of compensation can be varied depending on the agreement (Crosby 52-59). There are two categories of awards from class action lawsuit: punitive and compensatory damages. Compensatory damages apply to awards claimed from the inflictions caused by the defendants. The rewards are meant to compensate for the damages caused by the defendant, for instance illness, death, or discomfort. On the other hand, punitive damages are form of punishment for the organization engaged in the unacceptable acts, or engaging in causing discomfort. The seriousness of punitive damages in a class action lawsuit can be witnessed when it is shown that a company has violated health, protection or psychological health of the plaintiffs. The settlement of class action lawsuits can be accomplished by jury trials or settled before trials. In the directed mediation suit, damages are agreed by the defendants. There can arise problems by the jury trial part if the entity accused with punitive or compensatory damages appeals for the decision. This is a consequence of the fact that the appeal can take a long time. As a result, the plaintiffs have to wait for sometime before they get compensation (United States, Lawyers Co-operative Publishing Company, Bancroft-Whitney Company 1458-1502). On other occasions the plaintiffs may never get any compensation if the companies declare bankrupt. However, there are several advantages associated with class action lawsuits. Firstly, combination increases the chances of success of a legal procedure, and minimizes the expenses involved in court case. In cases with common enquiries of legal procedures and the truth, combination of claims prevents the need to repeat cases of the same catego ry, witnesses and issues from case to case. Appeal to the US Supreme Court In this case, Walmart incorporation has been sued of systematic discrimination to women and payment. If this suit becomes a success, a group of 1.5 million women in United States could cause a lot of loss to the retail company. Several plaintiffs have been filed in the U.S Supreme Court against the giant retail outlet and the company has been filing asking for the review into the plaintiffs. It is believed that the case against Wal-Mart could be a milestone in class action (George 23-36). The beginning of the case was in San Francisco in 2001 during which a group of six women sued Walmart incorporation of discrimination, partly on the claim that they were neglected for promotion in place of men. Walmart On the other hand is not concerned with the validity of the women’s claims, it rather emphasizes on the legitimization of the class. Normally, gender discrimination cases are tackled by courts as they come. On the contrary, when cases come under federal law, and plaintiffs are based in different states, the plaintiffs can be pooled into a class action case. The Walmart plaintiff class incorporates all women who were employees in any of the company’s 3400 stores towards the end of 1990s. The claim of Walmart is that it is unable to handle the plaintiffs against it by a large class like the one it faces on the claim that each woman has her own facts. The company’s statement in court petition claims that the case incorporates vital issues about class action process and Title VII. It further says that the 9th circuit’s view opposes many decisions of other relevant courts and also the Supreme Court on its own. It claims that the 9th circuit view was more concerned with the class certification and not the validity of the lawsuit. It claims to have been an outstanding place for women to work and has been identified as a principal in ensuring development and success of women in place of work (George 26-36). In a petition for a reexamination, Walmart describes the class action as including every woman employed by the company in the precedent decade in any of the 3400 stores, 41 localities and 400 districts and who were in positions in any of its 53 departments and 170 job descriptions. The petition further claims that the large number of class members together demand billions of money in compensation with the claim that a large number of Walmart managers brought financial discomfort on each of the members of the class likewise by ignoring them on the basis of their sex, which is against the company’s policy of non-discrimination. The petition tries to persuade the court to apply injunctive relief and tries to question whether the validation of the enormous class passes congregate under civil rights law and the process constitutional process or the best measures available. The petition further contends that there could be gender bias in the branch stores due to delegation of duties to the branch managers, a charge that could be filed against any company regardless of size. In the event that the appeals court’s verdict stands, virtually every employer in the business world could be topic to the same suit. Despite the fact that Title VII does not necessitate employers to apply selective and biased treatment to escape costly cases, and heavy losses, the verdict will cause an actual negative effect on authentic business culture that the business must get rid of (Crosby 59-66). The petition appeals that the court’s evaluation would be important in providing the needed verification and to make it a duty that the truth is followed. A co-leading advocate for the plaintiffs referred to as Washington attorney Joseph Sellers dismissed the notion Walmart would find it difficult trying to protect itself against such an immense class action. While conversing on phone from his office, Sellers tried to defend Walmart that there was enough confirmation that could be obtained from Walmart employees that and workforce in defense of the policy of the retail giant. He claimed that there was enough evidence to show that Walmart the discrimination being talked about was not witnessed in all the branches of the retail company, in the same way plaintiffs can rely on the same claim to illustrate there was. He admitted that there were instances when there was discrimination against women that women are second class employees in any organization. He however defended himself saying these claims only took place when managers met in strip clubs or at restaurants. As the matter of class action against Walmarts continued spreading and inspiring the development of class action, sellers condemned the class action as having been certified six years back. After those six years, The frequency of Equal job opportunity Commission Class has drastically reduced. A judge in the U.S District Court and a couple of sittings of the 9th Circuit a panel of three judges and the other number representing the rehearing of the appeal approved the class. Nevertheless, the vote had a narrow margin (George 29-33).The panel of judges supported the opinion that the accurate evidence provided by the women, opinions of the experts, information from statistical sources and information from unreliable evidence provided enough information to show that Walmart’s female workers were exposed to one source of corporate laws  Ã‚   not mentioning a wide variety of personal segregation acts that may have contributed to illegally discriminate against them in contravention of Title VII. Seller reiterated that the practice of discrimination was a common phenomenon and it was not only used by managers of Walmart. Due to the gravity of each case, Circuit Judge Andrew Kleinfield differed saying there was a possibility that women employees of Walmart who have been victims of sex discrimination stood a chance of losing a lot if the discrimination class action is approved. All those concerned with the settlement based on the Rule, 23 in the Federal rules of Civil processes, the verdict would encompass all members, whether relevant or not to the class. The situation would be worse if the plaintiffs lose and even worse if the plaintiffs win. In the case where the plaintiffs lose, women who have been subject of sex discrimination will have to split their disciplinary damages awards with majority of women who did not. Women who are expected to benefit from immense compensatory damages in addition to missed payments will be underprivileged of them. Women who are no longer emplo yees of Walmart will not benefit from injunctive and declaratory relief of any importance to them, whereas new female Walmart workers will reap the benefits of justice done to previous women. He explained that in the event that the settlement is in most occasions, verbal communication for women and collection of money by the lawyers, the realistic possibility is that the victory would be ridiculous. In the April verdict by the entire court in support of the panel and the district court judge, the difference came as a result of political motivation. The six Circuit judges were appointees of democrats while four on the opposing side were appointed by Republicans, Kleinfeld being one of them. An opposing writing by Circuit Judge Sandra explained that in the absence of evidence of implementation of discriminatory decisions by branch managers in all the branches or any evidence in support of discriminatory practice in all the branches of the company, there was no reason to combine the purported 1.5 million claims to a sole action (United States, Lawyers Co-operative Publishing Company, Bancroft-Whitney Company 1501-1506). The decision to accept or reject the case still remains unknown to the Supreme Court. Previously Justice Stephen Bayer has lower-leveled himself from a Walmart case because he was a stockholder in the giant retail company. The information whether or not Bayer is a shareholder in the company remains unknown. It is also not known whether other member of the high court have shares at Walmart. Class action can be used to alter the intention of a class in which the defendant is a part. As an example Landeros v. Flood situation was applied with an intention of altering the motive of doctors and inspire them to acknowledge suspected child mistreatment. On the other hand, they stand a chance of facing the threat of national battle for misdemeanor in tort resulting from the letdown to account for established injuries. Earlier, many medical practitioners were not willing to account for situations of child maltreatment in spite of the law that demanded it. Also, in situations of low funds, class action makes it possible for all plaintiffs to be given relief and that before-time filing complains do not use the finance of all its resources before other plaintiffs may be repaid. Thus class action encompasses all claims into a single place in which the court can rightfully partition the assets between all the plaintiffs if the judgment is in their favor. Furthermore, a class action prevents a situation where varied court decisions could cause unwanted values for the defendant to go after. As an example, a court may confirm a plaintiff for class conduct wherever a number of entity bond-holders litigate to settle on whether they could change their bonds to general stock. Refusing to go to court on the case in one hearing might consequence in diverse outcomes plus conflicting values of behavior for the defendant company. Consequently courts will allow class action in similar occasions. Reasoning of the 9th Circuit Court on Employees A newly conceived judgment, the Court of Appeal of the US for the 9th Circuit has the opinion that the decision of law assumption in an unobstructed consensus of contractors with California truck drivers was not applicable in determining independent contractor exclusively. Somewhat California law was applicable. Consequently the drivers were able to file claims under the California Labor Code that their classification was misinterpreted and they were supposed to be considered as employees. This decision is a milestone to companies depending on assumptions of choice of law in making contracts to consider the extent of the assumption and to be cautious of depending upon it as a means to evade California Law. Considering Narayan, the 9th Circuit was of the opinion that EGL Inc. – a service whose base is Texas and governed by Texas Law, did not have the power to compel its California drivers to send away claims of employment affiliation beneath the California Labor Code despite the agreement in their signing that considered them as sovereign contractors and assumed that the contracts could be determined under the Texas Law (United States, Lawyers Co-operative Publishing Company, Bancroft-Whitney Company 1495). It was found out by the Court that the Texas selection-of-law assumption only applied to the conditions of the contracts on its own and did not consider the drivers’ claims that they were not allowed to earn their overtime pay, expenditure allowances, and meal durations as expected by California Law on the basis that those implied constitutional claims that were not included in the contract, include the explanation of the contract conditions f the contract, or necessitate there to exist a contract. Due to the reason that Texas law did not pertain to claims beyond the contract, the court used California multi-dimensional test of employment to the EGL drivers to ascertain if they were employees that were able to bring wage and time claims. In the test, it measured the possibility of employee’s ability for profit or loss on the basis of his skills of management, the possibility of employee venturing in facilities or resources required for his work, or his hiring of assistants, whether the service executed demands any skills, the level durability of the working connection and whether the work done is an important part of the employer’s business in question. It was stated by the court that the delivery work done by the current and former drivers of EGL formed a pillar in the daily operations of the company, that demonstrative videotape the company availed for its drivers showed that they undertook the key functions in the distribution operations, that a driver was guided on how to conduct himself by the driver hand book, that the drivers conducted business using the company forms and that meetings were conducted for drivers concerning company policies. It was also established by the court that EGL controlled the driver schedules, encompassing holiday times, and some disciplinary measures were subjected on the drivers if they did not appear for work on time. Furthermore, they were required by the company to put on shirts and boots with EGL brands and to brand their trucks with the EGL symbol (George 26). Less skill was required in performing the work done by the drivers and a contract between the company and a particular driver could end in a span of one month notice. Based on these assumptions, the court assumed that the drivers provided enough information of an employment connection to necessitate a jury trial of their legal claims against EGL. Works Cited Crosby Faye, Ropp Ann. Sex discrimination in the workplace: multidisciplinary perspectives. New Jersey: Wiley-Blackwell, 2007. George, Bohlander. Managing human resources. Sydney: Cengage Learning, 2007. United States, Lawyers Co-operative Publishing Company, Bancroft-Whitney Company. United  States Code of Service. New York: Lawyers Co-operative Pub. Co., 2000.

Monday, May 18, 2020

Department of Veterans Affairs - 1506 Words

Kingdomware Technologies The Department of Veterans Affairs M.Parks BUS 501 June 10 Kingdomware Technologies amp; the Department of Veterans Affairs Within the GAO there are many examples of reports that deal with contract disputes between private contractors and the government. These disputes often arise from one of the parties failing to comply with the aspects of the contract or in some cases the contractors may feel the government violated particular laws that may have not given them a far chance to bid on the contract. After carefully reviewing several different reports there are those that have some aspects of contract dispute but there is one that stands out to me because the contractor clearly feels they were not†¦show more content†¦A â€Å"set-aside for small business† is the reserving of an acquisition exclusively for participation by small business concerns. A small business set-aside may be open to all small businesses. A small business set-aside of a single acquisition or a class of acquisitions may be total or partial (FAR.2012). Under this aspect of the FAR the contractor can show he was entitled to the set aside status and show that the contract was not awarded to a company that has the same status. The VA responded to the claim made by the contractor about the use of small businesses being given set aside status. VA Act provides that a contracting officer of [the VA] shall award contracts on the basis of competition restricted to small business concerns owned and controlled by veterans if the contracting officer has a reasonable expectation that two or more small business concerns owned and controlled by veterans will submit offers and that the award can be made at a fair and reasonable price that offers best value to the United States (GAO.2012) As long as the government can prove that there were others who had the same special considerations in competition for the contract they can prove they were in compliance with the FAR. Another aspect of the FAR that is mentioned by the contractor is the factor that there was no solicitation numberShow MoreRelatedThe Department Of Veterans Affairs2230 Words   |  9 PagesIntroduction The Department of Veterans Affairs is a government run program to assist the U.S. Veterans who are disabled soldiers. 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Accordingly, this paper organizes this exploration into three correlating sections, the first of which introduces an overview of the Office of Diversity and Inclusion (ODI) within the VA. In addition, this area summarizes the ODI installation of the VA diversity plan. This leads to the second exploration section, whi ch outlines specificRead MoreA Little History On The U.s. Department Of Veterans Affairs And The Veterans Health Administration981 Words   |  4 PagesA little history on the U.S. Department of Veterans Affairs and the Veterans Health Administration (VHA) which happens to be the largest of three administrations sections within the department. The primary mission of the VHA is to provide quality medical care and services to America’s military Veterans. VHA operates one of the largest health care systems in the world In addition they responsible for providing training to the majority of America’s medical, nursing, and allied health professionalsRead MoreU.s. Department Of Veterans Affair : Va Medical Center1814 Words   |  8 Pages22, 2014 U.S. Department of Veterans Affair: VA Medical Center Introduction The Department of Veterans Affairs is a government run program to assist the U.S. Veterans who are disabled soldiers. It began when the Pilgrims passed a law that required disabled soldiers to receive benefits from the colony, as early as 1636 (U.S. Dept. of VA, 2014). By 1776, the Continental Congress provided pensions to disabled soldiers during the Revolutionary War. Later, the Veterans assistance program expanded to includeRead MoreStrategic Diversity Plan For The U.s. Department Of Veterans Affairs2795 Words   |  12 PagesThe target of this paper is to explore the strategic diversity plan of the U.S. Department of Veterans Affairs (VA) with an end goal of supporting its efficacy. Accordingly, this paper organizes this exploration into three correlating sections, the first of which presents an overview of the Office of Diversity and Inclusion (ODI) within the VA. In addition, this area summarizes the VA diversity plan, created by the ODI. Next, the second exploration secti on outlines specific focus areas as defined

Wednesday, May 13, 2020

The Sarbanes Oxley Act Of 2002 - 4626 Words

Policy Paper The Sarbanes-Oxley Act of 2002 Jared Destine Business 102 - Section 122 July 26, 2015 Destine 2 Table of Contents Introduction†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦3 History†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.......4-5 Main Objectives/Description†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦5-6 Title I†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.6-7 Title II†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.7-8 Title III†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.8 Title IV†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...9 Title V†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦9 Title VI†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦10 Title VII†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦...†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦10 Title VIII†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...................10-11 Title IX†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...†¦Ã¢â‚¬ ¦...†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦11 Title†¦show more content†¦Numerous scandals broke out in the early 2000s, losing the trust of investors in the public market. Similar to the Great Depression, investors lost trust quickly. President Bush was practically forced to sign the Sarbanes-Oxley Act of 2002 into law, which he did on July 30, 2002. The name of the law generates from its two creators, Senator Paul Sarbanes and Representative Michael Oxley. The overall reason for the creation of the Sarbanes Oxley Act was market failure; moreover market failure due to information asymmetry. The Sarbanes-Oxley Act of 2002 is referred to as SOX. SOX’s goal was to primarily fix the lousy auditing and accounting of public companies in the United States by composing new, strict regulations. Many companies falsified information and there was no specific method to observe and make sure each company put out correct information to the public. The market lost billions of dollars and stock prices plummeted in result of the scandals of several public companies. To implement the new, strict auditing system, the Securities and Exchange Commission (SEC) established the Public Company Accounting Oversight Board (PCAOB). The Sarbanes-Oxley Act was born in 2002 and although it is almost 13 years old, there is still much debate about SOX having more benefits than costs. In my paper I look to address the law’s history, current situation, objectives, implementation, Destine 4 policy analysis, and strengths/weaknesses. In

Wednesday, May 6, 2020

National Security Is More Important Than Human Rights

National Security is More Important than Human Rights The conception of human rights and freedoms is the cornerstone of American traditions, law and the indicator of democracy. The approach of prevailing interest in personal privacy, property privacy and non-interference of state authorities in private affairs is the basic ground for modern organization of American society. For centuries the courts have been standing safeguards of protection of persons against unreasonable intrusion of the State, generally interpreting the Constitution and the Bill of Rights with preference of personal human rights protection. Nonetheless in the end of the 21st century there appeared several factors which so much influenced our society that the matters†¦show more content†¦In most of the cases opposing the concept of human rights to national security is erroneous and unreasonable construction because the national security is the concept which precludes the physical and mental security of all members of the society, and therefore includes and predetermines the possibility of exercising human rights and freedoms. Without security the well-being is impossible. Looking at the national security vs. human rights question from the points of view of internal and external national security, one should first examine what concrete human rights may be waived or limited for the homeland security and protection purposes. Natural human rights like the right for life are not the subject to address in this essay. The rights addressed in this essay are defined primarily in the U.S. Bill of Rights. These are civil right for privacy, the right of peaceful protest, the right to personal freedom, the right to a fair trial and the right of equal protection, usually in the list of the rights which under certain conditions may be waived for the efficiency of homeland security and protection. The first argument supporting the statement that national security is more important than protection of individual rights is the increased threat of terroristic attacks, which are very dangerous, carefully planned, locally targeted and generously fundedShow MoreRelatedTechnology Has Become An Important Part Of Modern Society Essay1159 Words   |  5 PagesTechnology has become an important part of modern society. Practically everything we say and do can be traced back to phones, computers, and many more electronic devices. Not only can we keep an eye on each other, but our government can keep a watchful eye on us. 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Bright Star by John Keats Poetry Analysis free essay sample

This essay will discuss a close reading analysis of the poem â€Å"The Bright Star†. The Romantic poet John Keats wrote this poem. It is a love sonnet and is believed that it was written for his love and fiance’ Fanny Brawne. Keats writes the poem in iambic pentameter. The poem revolves around Keats love for stars and about nature’s beauty. The whole poem is written with a rhyming scheme except the last two lines possibly to attract the reader’s attention to it. By starting the poem with â€Å"Bright Star! †, Keats introduces the poem with strong imagery and symbolism that projects a clear and precise picture of the bright star. By adding an exclamation to the line, he stresses the importance of the star and to exhibit the excitement he is feeling. He wishes that he could be as steadfast and consistent as the bright star. In the second line, he writes about the lonely star that is isolated from the rest of the world. We will write a custom essay sample on Bright Star by John Keats Poetry Analysis or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Even though he admires the star and wishes to be like it, he doesn’t want to follow this quality of the star. The third line expresses that the star is always awake and shining and that is yet another characteristic he doesn’t wish to imitate. In line four, Keats writes about a â€Å"sleepless Eremite† which is another word for hermit. Comparing eremite to the â€Å"moving waters† captures beautiful imagery. This is the first time Keats uses religion in the poem. However, he does use it a few times throughout the poem. The poet uses the poetic device simile in the fifth line by comparing the moving waters to â€Å"priestlike task†. This contributes to the fact that John Keats loves and admires the beauty of nature (â€Å"moving waters†) as he is comparing it with a religious symbol (â€Å"priestlike task†). The religiousness was being compared to the star, and now it is being compared to the moving waters. It shows a separation between the sky and the Earth. With the imagery of â€Å"Eremite† and â€Å"priestlike tasks† of moving waters, Keats wishes to express that the stars and the nature of water bodies are always twinkling and flowing, basically being immortal, which he cannot accomplish. In line six; Keats uses the word â€Å"ablution† which also symbolizes religion. Ablution is a word for religious washing or cleansing and Keats ties it with the sea. All the lines so far in the poem express the profound admiration that Keats has for the skies and the Earth, since he compares them with religious values. Keats brings back the stars and its gazing once again in line seven. He uses enjambment to create a pause from the stars and waters to transform into other earthly bodies. Keats starts this new stanza by expressing his admiration for mountains and moors and the beautiful snow that accumulates on top of its peak. He tries to create imagery of a wintery and lonely place. Winter has a connotation of seclusion and desolation. One can also find alliteration in mountains and moors, trying to stress his adoration for them. Keats repeats what he expresses in the beginning of the poem again in line eight saying that he wants to be steadfast and â€Å"unchangeable† like the star, but not lonely. This repetition enforces the passion he for the star. He writes about him lying on his lover’s breast and seeking comfort. He mentions â€Å"ripening† breast to express that even if the breast is aging, the comfort it produces does not lessen. This can be compared to the star, which also has its comfort and beauty no matter it’s age. Keats ends the poem by saying, â€Å"so live ever- or else swoon to death†. He expresses that he would be happy to live with his love and swoon to death or live forever like the star.

Tuesday, May 5, 2020

Thats So Gay free essay sample

Marriage is a bond many people search for their whole life until it is found. The official definition of marriage is, The formal union of a man and a woman, typically recognized by law, by which they become husband and wife (Oxford Dictionaries). This definition excludes the men and women who are not attracted to the opposite sex. So what about them, should they just not have the same rights as everyone else because they are slightly different from the common person? I say we rephrase this definition to: The formal union between two individuals, recognized by law, by which they become eternally bonded. I have seen first hand the pain and devastation the law against gay marriage can cause. We need to legalize gay marriage. This is America, where we claim to have natural born rights, one of those rights being the pursuit of happiness. Everyone deserves to be accepted and happy. We will write a custom essay sample on Thats So Gay or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page If youre not harming the safety of others, then do what you please to be happy. Also, in America we have freedom of religion, where we can practice a religion anyway we choose. If you choose to be Christian, and are also gay, no one can tell you, you cant do that. Marriage has come a long way, we need to start being more open and accepting. Family members of my own have had their dreams shattered because they cant say that their partners and themselves are legally married. Even though not everyone in my family is as accepting as I am, and many others disagree with me, I still believe that everyone has the right to be happy. If marrying someone of the same sex brings you happiness who is to say that you cant do that? We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. This is a quote from our constitution, stating that no matter what, everyone is equal, and we all have equal rights. One right Id like to point out is the pursuit of happiness. Every individual in the United States has this right, according to our nations constitution. If this is so, then may I ask why we discriminate against homosexuals? What is anyones right to say that who they love is wrong? If you are connected to them in such a way that you feel eternally bonded to them, that you couldnt possibly love another person like that ever again, who are we to tell them they can not pursue the happiness they want? The average person would agree that one of the happiest moments in a persons life is their wedding day. Imagine how it would feel to never experience the glamorous day of your wedding. You didnt get to pick out a cake, or get your hair and makeup done professionally. You never get to pick out your wedding dress, or your wedding tux. You would never get that special day all because the law states that gay marriage is illegal, which is pretty much saying its the wrong thing to do. No, you love who you love no matter the sex. This law contradicts our constitution, and needs to be changed. They have taken some of their daughters as wives for themselves and their sons, and have mingled the holy race with the peoples around them. And the leaders and officials have led the way in this unfaithfulness (Ezra 9:2). This is a quote from the Bible, where it claims mixing races is wrong, and unholy. The bible states biracial marriage and sex is wrong. But we still allow people do to it. So many people claim that the reason they are against gay marriage is because God hates homosexuals, and It says in the Bible that being gay is wrong. First off, God hates no one. He is accepting of all, even those who arent accepting of him. Secondly, in America we have freedom of religion, meaning you can be a part of any religion you wish, and practice anyway you choose. If someone claims to be a Christian, but is also gay, are you going to tell them they cant be part of your religion? Im sorry, but last time I checked you dont make the rules, and you dont speak for God; He will allow anyone to follow Him, whether you like it or not. If we are accepting of biracial marriage, where clearly it states in the Bible to be wrong, then why cant we accept gay marriage as well? I personally dont see why we make such a big deal about gay marriage, just have it legalized. If you arent homosexual then what does it matter to you? It doesnt matter if gay marriage is legal or not, gays will still be together, they will still hold hands, kiss, do whatever they want, because they want to. The only thing that isnt there is a certificate saying they are legally married, give them what they desire. Instead of having debates over gay marriage we can have debates over more important issues. I have yet to understand why in twenty-five states you are allowed to marry your first cousin, Kentucky being one of them, but gay marriage is only allowed in nine states. Somethings not right there. Ive made it clear that people will argue against me, especially over the religious aspect, but we cant live by everything the Bible says. Heres another quote from the Bible, â€Å"Judge not, and you will not be judged; condemn not, and you will not be condemned; forgive, and you will be forgiven (Luke 6:37). Judging is wrong, and because so many people love to throw the Bible at my face over this topic, how about you practice what you preach? No one wants to see any type of couple making out anywhere, man and woman. Female and female, or male and male. No one wants to see it. They will be ridiculed anyway, so I doubt they will want to bring more attention to themselves as it is. Why not legalize gay marriage? Because the Bible says not to? If we listened to every single word in the Bible, life would be very different. The world and the people in it have evolved; we live differently than people did 100s of years ago. The Constitution is the go to source when deciding laws, so why do we still ignore the fine print of, all men are created equal, as well as certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness? Legalizing gay marriage will bring our nation closer, and make our citizens more happy. America is the land of the free but we still have laws against our own citizens that stop them from doing one of the most common forms of pursuing happiness, which is marriage. Do this not only for the homosexuals, do it for people like me, who have to watch members of my family hurt, and be ridiculed for a characteristic they cant change. How would you feel if there was a law against two blonde-haired people getting married? And you fell in love with a blonde-haired person, but legally you couldnt get married, just because someone from YEARS ago said you couldnt? You would want someone to change that for you Im trying my hardest to show why gay marriage really isnt bad, consider everything youve read, and let it sink in. For you hopefully will see, this law is wrong. Bibliography Oxford University Press. Marriage. Oxford Dictionaries. 15 February 2013 . State Laws Regarding Marriages Between First Cousins NCLS. Issues and Research. 15 February 2013. Wellman, Jack. What Christians Want to Know. What Does The Bible Say About Interracial Dating And Marriage. 15 February 2013. Wikipedia. Same Sex Marriage in The United States. Wikipedia The Free Encyclopedia. 15 February 2013.