Capital Punishment Should Not Be Legal - 950 Words

Capital Punishment is still used in the United States, and there has been 152 people that has been released from death row since 1973. There has been many more people that were not released but executed and possibly innocent. Kantian ethics is the theory that says the moral actions are not determined by the consequences but by the right nature of the action. Capital punishment may be questionable with some cases of innocents, with that being said the use of capital punishment should only be used with cases to be absolute guilt. Capital punishment is also known as the death penalty, where someone is executed for the actions of their crime. Some people believe it is ethically wrong, while others try to justify the use of it. Some argue†¦show more content†¦The legacy of racial apartheid, racial bias, and ethnic discrimination is unavoidably evident in the administration of capital punishment in America. Death sentences are imposed in a criminal justice system that treats you better if you are rich and guilty than if you are poor and innocent. This is an immoral condition that makes rejecting the death penalty on moral grounds not only defensible but necessary for those who refuse to accept unequal or unjust administration of punishment† (Stevenson). There are many current issues that have to deal with capital punishment, like the execution method, innocence, mental illness, prosecutorial misconduct, and racial disparities. When it comes to the method of execution ACLU says â€Å"Several recent executions have proven that lethal injection can often be painful and prone to mishaps that lead to torture. In recent years, as pharmaceutical manufacturers have withdrawn permission to use their drugs in executions, states have frequently failed to find safe alternatives and been forced to shroud their executions under cloaks of secrecy. The result has been a lack of accountability for state governments in relation to botched

Evaluation of Rapex as Protection Against Rape Essay

Evaluation of Rapex as Protection Against Rape Rapex is a weapon for woman against rape. It is a diaphragm with teeth which bites when something touches it that is not supposed to, such as a penis. This is both painful and will make the rape stop immediately. It also has to be removed surgically thus it is much easier to identify the rapist. In this essay I will explain and discuss the facts and uses for Rapex, the medical concerns for Rapex and the ethical and safety issues. In South Africa there are 119 people per 100,000 that are raped every year. This is probably 9 times as much because the number that was previously mentioned is only the reported rapes. You could also say that there is†¦show more content†¦You should wear it when you know you are in danger of being raped such as walking a long distance or when you are somewhere were there are a minimal amount of people and a rapist can easily be attacked. You should also not wear it when you have you are menstruating. The reason that the men rape women in South Africa is that the men feel superior to them and women don’t really count in society. They are suppressed by men and don’t have the sufficient means to protect themselves. The reason for men raping children is that there is a smaller chance of sexually transmitted diseases. The man suffers from pain but no permanent injuries are inflicted. The woman may however suffer from violence from the man as a result to the pain the man is having. This could even result in death. Rapex is not as helpful by preventing rape because the man still has to penetrate for the Rapex to have an effect. This still causes the woman to be raped but she stops it immediately and she doesn’t get pregnant or get a sexually transmitted disease. She does however get a chance to get the man back. In my opinion it is more a weapon for revenge than for self protection. The defense mechanism, Rapex, should be this hard. At least for the time being to scare men and do reduce the amount of rapes taking place. Also, the men that do rape will

Rbs Abn Merger Free Essays

The Acquisition of ABM AMNRO by RBS Introduction Mergers Acquisition have become very popular throughout the world in the recent times. This has become popular due to globalization, liberalization, technological developments intensely competitive business environment. Mergers and acquisition are a big part of corporate finance world. We will write a custom essay sample on Rbs Abn Merger or any similar topic only for you Order Now This process is extensively used for restructuring the business organization. In India, the concept of mergers and acquisition was initiated by the government bodies. The Indian economic reform since 1991 has opened up a whole lot of challenges both in the domestic and international spheres. The increased competition in the global market has prompted the Indian companies to go for mergers and acquisitions as an important strategic choice. The trends of mergers and acquisitions in India have changed over the years. The immediate effects of the mergers and acquisitions have also been diverse across the various sectors of the Indian economy. Acquisition Acquisition in general sense is acquiring the ownership in the property. In the context of business combinations, an acquisition is the purchase by one company of a controlling interest in the share capital of another existing company. An acquisition may be affected by (a) agreement with the persons holding majority interest in the company management like members of the board or major shareholders commanding majority of voting power; (b) purchase of shares in open market; (c) to make takeover offer to the general body of shareholders; (d) purchase of new shares by private treaty; (e) acquisition of share capital or one company may be either all or any one of the following form of considerations viz. eans of cash, issuance of loan capital, or insurance of share capital. History On October 10,2007 Royal Bank of Scotland led consortium with RBs, Fortis of Belgium and banco Santander central Hispano SA of Spain created history by acquiring Dutch banking gaintABN AMBRO for US$ 100 billion. The consortium paid US$ 51. 55 per share of ABM AMBRO, about 13% more a s compared to the rival Barclays offer. This was one of the largest acquisition in the history of global banking industry . The consortium agreed to pay 93% of amount through cash and remaining 7% through RBS shares. Due to the 2008 financial crisis, the Dutch government nationalised the divisions owned by Fortis, while the UK government is now in effective control over the divisions allocated to RBS due to its financial bail-out of the Scottish bank. The process of integrating some of ABN AMRO’s divisions into the new owners, and divesting others, continues. Since 6 February 2010 the bank has been split into one organisation owned by the Dutch government called ABN AMRO Bank N. V. and another owned by The Royal Bank of Scotland Group renamed The Royal Bank of Scotland N. V. On this date the Dutch owned businesses legally demerged from those owned by RBS. The Dutch government own the ABN AMRO brand for use with the parts of the bank they purchased while other companies within the Group will be renamed or closed down. Objective To study the acquisition of ABN AMBRO by RBS form various perspectives. We will try to answer the following questions:- What would a SWOT analysis reveal? What were the various synergies? Was the acquisition strategy sound? Events after acquisition? Various parameters of the deal. Effect of recession on the deal. Major challenges faced by the firm. On 19 January, 2009 RBS issued a statement in which it admitted that acquiring ABN AMBRO was a mistake. It also issued in the statement that ? 10 billion that it had spent on ABN ABMRO was worth nothing by then. Also RBS incurred a loss of ? 24. 1 billion on a total income of ? 26. 9 billion. So in this report we will try to study and analyse the after-effects of acquisition. Various other similar factors are attempted to be studies. Data Research Methodology Data will be mainly sourced from secondary sources. However the management of certain firms under view will be interviewed through structured questionnaires. The data will be analysed using financial tools to access the effectiveness of the deal. An attempt will be made to evaluate the efficiency of the merged firm with the help of selected financial ratios. Analysis and expected results Through the medium of this report an attempt will be made to analyse the financial benefits of the acquisition. In addition to strategic benefits, the acquisition would deliver significant financial benefits to the shareholders. Through major cost savings and improved profitability of business lines, substantial earnings improvements for shareholders will be realised. The expectations from the deal were to strengthen all three consortium banks in their respective markets and open up new segment to accelerate their growth. The analysis includes:- Impact of mergers acquisition on employees and working conditions Looking at the financing of the acquisition and studying the possible financing options. Major challenges of the merger and the opportunities. RBS’s current expansion plans Sensitivity analysis Synergy analysis Accounting and financing structure Risk assessment and cost of capital Leveraged buy-out Estimating merger gains and cost Of course, it is easy to criticize another firm’s management but not so easy to improve it. Some of the self-appointed scourges of poor management turn out to be less competent than those they replace. Here is how Warren Buffet, the chairman of Berkshire Hathaway summarizes the matter Many managers were apparently over-exposed in impressionable childhood years to the story in which the imprisoned, handsome prince is released from the toad’s body by a kiss from the beautiful princess. Consequently, they are certain that the managerial kiss will do wonders for the profitability of the target company. Such optimism is essential. How to cite Rbs Abn Merger, Papers

First Words free essay sample

Since Ive always been known as â€Å"that shy kid† and â€Å"the girl who never talks†, Im not sure what was going through my mind when I decided that I wanted to speak a different language fluently. Maybe this life-changing epiphany struck me as I was staring blankly at some thought-provoking question—what are you passionate about? Or maybe I was admiring the cadence of a womans voice on the Spanish news one day as I flipped channels on the television. But somehow, I decided that this is what I want to do. A friend of mine, who is from Colombia, found this hilarious. He said, â€Å"Its good that youre learning Spanishbut you dont even speak English!† I guess thats true. Its hard for me to talk to new people. Sometimes I am self-conscious and am worried I may sound stupid or that someone might make fun of how I pronounce certain words. We will write a custom essay sample on First Words or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page But now that Im starting to speak Spanish, the only thing I can do is accept that I definitely sound stupid and people definitely will make fun of how I pronounce certain words. The other day, I tried to be funny in class (a word of advice—dont try being funny in Spanish class) by saying â€Å"the bunny is terrorizing†. My teacher stared at me, puzzled, and thats when it dawned on me that I had just said, â€Å"the bunny is landing†. And that story does not even compare to the one when I incorrectly conjugated a verb in freshman year and accidentally swore. When youre learning a language, there is no way to avoid mistakes. I suppose you can study for a Spanish test using all of the test-taking strategies your high school teachers have been training you to use and get a perfect score. But in the real world, when youre dumped in a room full of native Spanish-speakers, you dont know anything. You are yet again a baby learning her first words. Thankfully, most native-speakers are patient and excited that I am willing to learn their language, even if they do laugh at me. At times, I do—and will—fail. That is scary. Its also scary that I know that the only way to learn how to speak another language fluently is to immerse myself in it, to roll around in the accent and the culture and essentially, jump into the unknown. I am yet again a baby learning my first words. I am just â€Å"that shy kid† and â€Å"the girl who never talks†, but somehow I will learn how to swim in these new waters of a different language. Learning Spanish (and since I have discovered my passion for language, also learning Italian) is opening an entire world for me—literally. George R. R. Martin once said that â€Å"a reader lives a thousand lives before he diesthe man who never reads lives only one.† Maybe, in that same way, a person that learns another language can live in two worlds at the same time, while a person that only knows one language can only live in one. There are about 500 million Spanish speakers in the world. Learning Spanish means that there are about 500 million more people that I can talk to, whose stories I can hear, and whose perspectives I can see. So as I walk down the streets of the neighborhood nicknamed â€Å"Little Lima†, or order â€Å"un plato de comida tipica† at the Mexican restaurant, I jump into my new skin. I roll all my Rs no matter how ridiculous I might seem. I try to understand the families speaking to each other in their native tongue. I am not so quick to change the channel from Univision to News 12 anymore. No matter how ironic it is that I am learning Spanish when I dont even speak English with confidenceI cant worry about being quiet anymore. I have to speak. That is the only way I am going to learnby jumping into the unknown.

Astronomy Research Paper How to Prepare with Ease

Astronomy Research Paper How to Prepare with Ease Astronomy is the branch of science that studies celestial objects such as planets, sun, and moon. It can also be summed up as the study of objects and space beyond the earth’s atmosphere. Writing an astronomy research paper helps expand the knowledge of the writer to the facts surrounding the formation of the earth and the celestial objects. A proper way of writing an astronomy research paper encompasses comprehensive investigation, thorough planning and organization of points to a comprehensive structure. Topic Selection This step can be considered as the first of the writing process. Selection of topics to cover is very crucial as they have to be interesting to the reader as well as be easy to explain. The topics selected in this section should be straightforward and to the point. The following are a few of the topics one can cover in the essay: The Formation of the Solar System. This is the topic that entails the creation of the solar system through various theories. This topic covers a wide area and can significantly improve the writers’ and readers’ knowledge of astronomy. Planetary Comparisons. After the formation of the solar system, one can move down to the comparison of the components that form the system, for example, planets and asteroids. This topic requires critical thinking and is mentally engaging as there is a comparison of the differences in planets’ size, distances, and physical, and chemical properties characteristics among others. The Universe and How It Relates to the Earth. The topic entails the exploration of space, the matter in it, galaxies, stars, and other celestial bodies. All these components have a direct or indirect relation to the earth and highlighting these leads to a proper understanding of the topic at hand. Major Astronomical Milestones in History. This topic can be strategically included to raise the reader’s interest in the essay. There are significant steps that man has made in the astronomical field that are worth highlighting such as the first trip to the moon, deployment of exploration machines and robots among others. Effects of Celestial Objects: Asteroids, Moon, and Stars on the Earth. In this astronomy subject, one acquires intriguing facts on how each object can affect the planet directly or indirectly. This topic will introduce you to new information that will lead to a different understanding of the universe in general. Pre-Writing Tips to Get Ready for Actual Writing After highlighting the topics and carefully analyzing them, one can choose the most appropriate one in terms of content and interest. At this point, one has to evaluate how to present the content in terms of structure and outlining the points. The following are some of the pre-writing tips to consider while writing the essay: Picking the right structure. Depending on the type of essay you are writing, say informative, descriptive or a persuasive essay, effectively select the proper structure with which to relay the information garnered. When the structure is identified, one has a starting point and the suitable guidelines to use. Points of argument. In this part, one should critically think of points to put down while considering the structure and flow. Formulate the prime points to concentrate on as this makes the writing process easy and enjoyable. It is also important to identify the strong and weak points of arguments and preferably use the strongest ones first to ensure the essay has well-substantiated content. Such ensures a streaming flow of ideas. The main argument of the essay. The selection of the primary points to be used should be done keenly as they are supposed to fulfill the agenda of the essay. An effective essay is the one that has an argument and sufficient evidence to support the argument. The writer should, therefore, evaluate the prime points selected about how they relate to the main argument, think of how to communicate them, as well as ensure they support the research paper’s claims. It is also important to note the counterpoints or questions that may be raised and to find an effective answer for them. Research on the topics. The writer should research on the topics selected adequately to acquire all the information necessary to support your claim in the argument. Conducting effective research will guide one to new critical ideas, gaps in prior studies, and even ideas that were rendered valid or illogical, all of which can help the writer attain clarity when defining her/his research paper. It is in this stage that the writer decides how to approach the topic and whether to widen the research or narrow it to cover her/his idea effectively. The flow of points. After thorough research on your topic, organize the points in a flowing and logical manner to create an outline of your essay. Formation of the outline helps narrow down the major ideas to concentrate on when writing the research paper. The outline also helps to determine if the points correlate and support your argument in work. Creating an Outline as a Guiding Star: Tips from Our Top Experts An outline is responsible for steering the direction of the research and providing a good sense what it will tackle as it introduces the main argument while stating the key points and claims to be incorporated. The outline guarantees a smooth and enjoyable writing process as well as clear and coherent content. The following are some of the points to consider while creating an outline: The introduction. Begin with an introduction when formulating an outline. It should be short and to the point, laying down the topic and the main argument of the essay. It should provide a brief overview of the topic and end with the thesis statement. The body paragraphs. Every paragraph should have a different point and its supporting evidence. First paragraph (contains the topic sentence). This paragraph should cover the topic sentence, the main argument and what is to be discussed in the essay. It should be clear and easy to understand to evoke interest in the reader. Evidence. Jot the evidence that supports your ideas, and properly argue your points. Second and third paragraph. Guided by the same structure of the first paragraph (highlighted above) list down the claims of the following paragraphs. Formulate a topic sentence that indicates the point that each paragraph will be addressing. One should also use ample and credible evidence to support each claim made in the paragraphs. Ending each paragraph with a critical evaluation of your topic also indicates a proper understanding of the topic at hand. Conclusion. In this section, sum up all the claims in the body paragraphs properly and restate the thesis statement. In other words, the conclusion should sum up all the arguments of the essay to form one strong point. Other things to consider. An outline should be brief and direct to the point estimated at around one to two pages. It should also be well-organized and neat. Ensure to make use of bullet points to properly list the primary ideas and claims to focus on in each section or paragraph. Simple and clear sentences help highlight the fundamental ideas in an understandable way. Organization/Writing the Research Paper After creating an outline, the next step is about writing the research paper. This part consists of the elaboration of the information in the outline in a more organized way while providing evidence. Writing an astronomy research paper should be done in three primary sections which are the introduction, the body, and the conclusion. Information and evidence provided in each section should be well-coordinated to properly support your claim. The Introduction This part is the opening of the astronomy research paper that introduces the topic to the readers. The introduction should clearly state the main argument of the essay and focus on stating this claim. Applying the following points is also essential: It is advised to start with a catchy phrase that will raise the interest of the reader encouraging her/him to read the entire essay. In this case, one can start with the definition of the term astronomy, use a quote or even share an interesting fact concerning the topic. Offering brief background information about the topic will also go a long way to inform the reader of the direction you are taking. Concentrating on the main points ensures that the information does not create confusion or become boring. The next step is highlighting the thesis statement or argument. Once the topic is introduced, one should present his claim, which ideally should be brief and to the point. The length of these statements usually varies with the length of the essay. One or two sentences are preferable as they keep the introduction short and precise. The Body The body is the crucial part of the astronomy essay as it comprises the supporting statements and evidence to the writer’s claim. The ideal number of paragraphs in the body of an astronomy essay should be three or more (depending on the instruction given). They are intended to help you argue your point and, for this reason, should be presented orderly and in a logical manner. The flow from one paragraph to the next should be seamless to guarantee clear understanding, proper evaluation, and defending of the thesis. When writing the body, one should consider the following: Using the outline, including paragraphs that support the central theme and further assist your argument. Start each paragraph with a topic sentence that indicates what the paragraph entails. Use credible information to support claims introduced in the topic sentences. Also, properly analyze and describe how the evidence provided relates to and strengthens your arguments and the thesis in general. When writing an astronomy research paper, one can provide several examples to indicate or support your argument clearly. Furthermore, one should ensure that the paragraphs are full (approximately six to seven sentences) and well-written to articulate the points. Using the previously made outline, make sure there is a streaming flow of ideas in the essay. Avoid repetition of points to properly distinguish the paragraphs. Ensure that the arguments are presented in a logical order. Paying attention to chronological order, emphatic order and spatial order when presenting arguments indicates a good understanding of the information being presented. This will greatly assist you when you make compelling claims in your thesis. The Conclusion This is the point in the research where the writer sums up all the claims and points made in the body section. Usually, the conclusion brings together all arguments in one paragraph and restates the thesis statement to clearly indicate that your thesis is valid and logical. The following steps are hugely used in this section: Summarizing the argument by pinpointing the major ideas in the essay while at the same time indicating how they connect to the thesis. Avoid introducing new ideas at this point as it creates confusion. Instead, concentrate on what was analyzed previously. One may choose to elaborate on the argument they made though it is not a mandatory procedure. Explaining the significance of your thesis may be in defense of your stand as the writer or as a call to the reader to take a certain action or stand. Post-Writing Tips After the conclusion, the astronomy research paper writing part is done, and all that remains is to through the work to verify that the paper has nil errors and flows accordingly. The following are some of the activities you should focus on: Proofreading/editing. This stage is used to eliminate any errors that may have come up due to negligence, misuse of words, typos and incorrect use of tenses. After completing the writing process, you can take a break before going through your paper and editing the paper accordingly. Referencing. Usually, academic essays require a reference page that lists all the sources utilized in writing the essay. Ensure that you include all the credible books, articles or journals that you have used for the essay research on the reference page. References Bailey, J. M., Slater, T. F. (2003). A review of astronomy education research. Astronomy Education Review, 2(2). Lea, M. R., Street, B. V. (1998). Student writing in higher education: An academic literacies approach. Studies in Higher Education, 23(2), 157-172. Coffin, C., Curry, M. J., Goodman, S., Hewings, A., Lillis, T., Swann, J. (2005). Teaching academic writing: A toolkit for higher education. Routledge. Janelle M. Bailey, Doug Lombard. Blazing the trail for astronomy education research. Journal of Astronomy and Earth Sciences Education; Littleton (2015): 77-88. Pena, B. M., Gil Quilez, M. J. (2001). The importance of images in astronomy education. International Journal of Science Education, 23(11), 1125-1135.

Essay S Asia E

Essay S Asia E Essay S Asia E Name: Samara Pereira Water Crisis in India The supply of water in India is being affected by several forces. Being the second world largest population, India requires more water to sustain itself. The growing economies, as well as the large agricultural sectors, have made the country’s water resources to get stretched as years pass by. At the moment, the country’s water supply is dwindling due to significant mismanagement of water resources, pollution and also over pumping of ground water. Climate change is another factor that is affecting water supply in India (Nina, para. 1-2). Therefore, the crisis of water supply in India is predominantly man-made as opposed natural means. This is because the climate of India is not dry. The country is endowed with many huge rivers and water bodies making it impossible for groundwater to lack. Extreme mismanagement of water resources by the government is the leading force for the water crisis in the country (Nina, para. 2). There are many unclear laws r egarding water supply that results to a large population lacking access to water supply. This on the other hand is as a consequence of the poor governance and corruption in the water ministry. Agriculture is the other factor that is resulting in the water crisis. This is because over 80% of the India’s population deals with agriculture (Nina, para. 2-5). The other force is the industrial usage. At this point, you realize that there are many industries in the country that rely on water for their operations. As such, lots of water is being used than can be replaced. Also, the manufacturers produce lots of wastes that end up in water sources thus making it unsafe for domestic usage. As such, the primary cause of water crisis is economic greed and corruption within the government. The problem of water can be solved in different ways. The first way should be the removal of the corrupt officials in the government (Nilanjana, para. 6). This will ensure that the ministry involved wit h water management is left with non-corrupt people. To serve as a lesson to the rest of the politicians, the officials that are found guilty by interfering with the supply of water should be severely punished. The other method would be setting clear laws regarding water usage in the country. According to Nina (par. 2), India lacks explicit legislation to govern water supply. Once the laws have been established, it will be easy and possible to monitor the water management in the country. This is because there will be people on the ground to oversee the way water is distributed in all villages. The government should also come up with laws regarding water pollution by the industries. As such, all industries should be mandated with setting up of waste treatment and management sections. This will ensure that the water that is being released to the environment does not contaminate the ground water. Notably, all industries should be issued the limit of the water that they should use per ye ar. This will ensure that there will be no industry that overuses water. In inertia, this will act as one way of limiting water wastage by the industries. The provision of dependable, clean drinking water can be achieved once the government has established piped water in all villages. This will ensure that every homestead has access to safe drinking water. Also, the government should sensitize citizens to the importance of harvesting rainwater. This will act as one way of limiting water wastage by citizens. As such, the government should come up with ways to provide the poor with harvesting materials such as roof tanks or even build them underground water storage (Nilanjana, para. 6-10). Also, the government should restrict the

Theoretical Criminology Mid-Term Assignment Example | Topics and Well Written Essays - 1750 words

Theoretical Criminology Mid-Term - Assignment Example It is, however, worth noting that these ideas about natural reality were not scientific, but rather based on mere observation of nature (Cullen & Agnew, 2006). Good and evil were thought to exist in the natural world. It is worth noting that the developments of legal definitions as well as the treatments of crime are founded on the attempts to understand the natural explanations for crime in the physical world. Under the spiritual explanations of crime, the feudal lords in Europe during the middle age designed ways, which they thought the guilt or innocence of an individual could be indicated. One of such methods included trial by battle. In this method, the victim or a family member of the victim would fight with the offender or a family member of the offender. It was believed that God gave victory to the innocent party. Trial by ordeal was introduced in which the accused person was subjected to a painful and difficult situation (Tierney, 2006). The guilty party would die with pain and agony while (through God’s protection) the innocent party would go through such an ordeal unharmed. The aforementioned method was replaced by compurgation a method that involved the accused calling twelve individuals who were reputable in the society who would then swear that the accused person is not guilty. The idea of prison today emerged from the earlier concept of isolating the criminals in cell s where some were subjected to manual labor while others were given the bible to read (Tierney, 2006). The natural explanations for crime generally use events as well as objects found in the world for purposes of explanation what ensues. The divine sanction of the law in the traditional society provided a justification of natural explanations for crime. It is due to this that the rule of kings became natural law, as it was considered to be by divine right. The material and physical world are still used by social scientists in the modern society to seek natural explanations of

Project management Essay Example | Topics and Well Written Essays - 750 words

Project management - Essay Example Janis is in a position of power and she has to create an effective communication plan to ensure the success of the project. The first step in the communication plan is to ensure all the key players have the proper communication devices. The company must provide Janis, Clark, Downs, and Pokorski with a smartphone. I recommend the firm purchase four iPhone 4. A smartphone has the capabilities of connecting to the internet which can enable the different managers to send data and information to Janis instantly. The company should also design a mobile application that enables these workers to connect to the company intranet. A lot of businesses in the 21st century have realized the benefits technology offers to improve communication and are taking advantage of its capabilities (Goessl, 2008). Janis also has to create a system to ensure these managers communicate with her on a routinely basis. My recommendation is for the four professionals to have weekly meetings. The meeting can occur ei ther face to face or virtually. The virtual meetings could take place using the services of Skype. Skype is an internet service that enables its users to make video calls free of charge (Skype, 2011). Janis has to be able to manage her human resources effectively to avoid conflicts. The company placed Clark, Downs, and Pokerski in a tough position because they gave Janis the ability to access the resources these managers have at their disposal. It is possible that Janis might ask for work from these managers which might place them in a conflict in regards to their regular work schedule. Janis has to be considerate in her requests. Janis can minimize the conflicts by giving the managers a head start. This can be done during the weekly meetings. If Janis needs to use the employees or resources of the managers she can schedule their services a week in advance. There are always potential risks that project managers might face in any project. A risk is something that may happen that can have a negative impact on a project (Projectperfect, 2011). Janis has to realize a risk assessment in order to find ways to minimize the risk. The project Janis is in charge of is a construction project. An inherent risk the company faces is not selecting the proper construction crew for the project. A way to lower that risk is to hire only workers that have at least three years of experience in the construction industry. Another risk of this type of project is potential accidents to the workers. To offset this risk Janis must purchase insurance. A third risk that Janis might face in the project is time related issues. The project could get delayed which would hurt the plans of the company. A good way to minimize the risk of the project being delayed is by Janis using a work breakdown structure. A work breakdown structure can be defined as result orientated family tree that captures all the work of a project in an organized way (Chapman, 2004). The great thing about using a work bre akdown structure is that it allows the project manager the ability to divide the work in different deliverables. It is easier to estimate the time it takes to complete each deliverable separately. The work breakdown structure can also help the project manager lower the risk of exceeding the stipulated budget for the project. Janis has a budget of $2.75 million for the Alabama construction project. For this project to be completed on time and within budget Janis has to do a good job of communicating

Leadership Assessment Essay Example | Topics and Well Written Essays - 1750 words - 1

Leadership Assessment - Essay Example Leader’s focus remains on the people and importantly on ways to inspire them to face new challenges and to perform in any state of affairs. Not to panic at any rate is the most indispensable quality of a leader. Every leader has the quality of maintaining the confidence level up and to assure followers that the whole thing is going to be fine. To be humorous and comical with the employees is an additional great quality that differentiates some leaders from others. According to a study, females have more leadership capabilities than males. Traditionally leadership tasks were associated with men only but over a period of time women are increasingly getting involved in the leadership jobs (Eagly & Johannesen?Schmidt, 2001). LEADERSHIP STYLE There are many styles of the leaders which are being followed but three major leadership styles are commonly used in organizations. These common leadership styles are as follows (Eagly, Johannesen-Schmidt, & Van Engen, 2003): Autocratic, also known as ‘authoritarian’ Participative also known as ‘democratic’ Delegative also known as ‘laissez-fair’ Authoritarian (Autocratic): Example of expression for the above style is, â€Å"I want both of you to. . ... . .† In this style, there is a leader and one or more employees are collectively involved in making of the decision (deciding what to do & how to do). This style is a mark of potency to work in a team and not a sign of weakness of leader. This authority is bring into play when knowledge or information of others employees can prove valuable contribution. By using this authority, a benefit of mutual understanding allows every other member of the organization to participate for the betterment of decisions (Sosik & Godshalk, 2000). Delegative (Laissez Faire): Example of expression for the above style is, , â€Å"You two take care of the problem while I go. . .† This style allows the employees to make their contribution and take decisions. The style is used when the employees have enough knowledge about the situation and know what to do and in what manner the work is to be done. Leader’s complete trust on the capability of employees and intentions to develop decision m aking capability in employees results in leader to adopt this style. Leaders increasingly use this style in the current professional world (Sosik & Godshalk, 2000). My manager in the current organization has adopted the combination of the three styles. The collective feature of all three defined style have had significant positive impact on my attitude towards works as well as entire organization. With participative decision making our managers enabled us to work in team and incorporating the best of suggestions for the task completion. This participative style adoption was ordered by leader using his autocratic powers. Hence, the manager enabled all employees including me to make decisions with responsibilities

The Mission Statement of British Telecommunication

The Mission Statement of British Telecommunication BT Group plc is formerly known as British Telecom. It is also the privatized UK state telecommunications operator. It is the leading fixed line telecommunications and broadband Internet provider in the United Kingdom. BT operates in more than 170 countries and almost a third of its revenue now comes from its Global Services division. BT Group is the largest communications service provider in the United Kingdom. It is also one of the largest communication companies in the world (British Telecommunication, 2007). The Company is listed on the London Stock Exchange. At the present time, BT has become a multifaceted organisation offering general consumer goods and services through new sophisticated technologies but alongside this has created a commercial offering with consultancy and business solutions in order to ensure expansion and a long life secure for the company through differing markets. BT is very devoted in the acknowledgment of the primary source of its customer base within commercial outlets therefore the focus for the business falls within this function. However the domestic market retains a sizeable share of the total revenue generated thus the sector is carefully managed and invested in which enables the security of this sector. In this report we will examine the mission statements of BT, key objectives, internal and external environmental factors and information systems with the levels of management. The Mission Statement of British Telecommunication Mission statement is unique purpose that differentiates an organisation from the other companies of the same type. A mission statement needs to communicate the essence of its organisation to its stakeholders and to the public. There are two kinds of mission statements: General objectives In general it indicates how they do rather than where they would be. In other words journey rather than destination. They are always long term objectives. Usually, there are no closing stages on this kind of mission statement but it is always measured by its goals. For example: reduce output of waste or strengthen the loyalty of the constituents and so on. BT chief executive Ben Verwaayen states the general objective of BT as follows: Our central purpose is to provide world-class telecommunications and information products and services, and to develop and exploit our networks, at home and overseas, so that we can: Meet the requirements of our customers, Sustain growth in the earnings of the group on behalf of our shareholders, and Make a fitting contribution to the community in which we conduct our business. ( The Guardian, Wednesday 9 April 2008 ) Specific objectives They are irrefutable mission statements that contain principles and time periods in which all work should be achieved. Mission statements should be answered following Druckers four questions: (E H Edersheim, P F Drucker (2007) What is our business? Who is the customer? What is the value to the customer? What should our business be/ what will our business be? What business is the company in? BT is doing this by stating that it provides world-class telecommunications and informational products and services to its customers. This really shows the involvement that BT is not in the mobile telecommunication service by at home and overseas. But it also states that they offer landlines in abroad as well for instance in Hong Kong, India, Indonesia, Japan, Korea etc. Thus, the consumers would be the people who are using the BT landlines By developing and exploiting their network and meeting the requirements of customers, they mentioned increasing the value of the network. By telecommunication at home indicates their business where they are now and provide world-class telecommunication service in overseas indicates where their business will be. Lately mission statements are not about their customers and products and services, but shareholders. In last sentence they also mentioned what they will be doing in the future with the collaborated companies . BTs strategy and key objectives BT strategy and key objectives can be stated today as followed: the speed to the market, customer experience and cost transformation. BT has a future-proof, flexible, intelligent network to enable the company to deliver communications services that will meet their customers requirements in the coming decades. They have a very clear vision of where they want to be and they are now taking specific steps towards that goal. Their transformation program has three key objectives: to enhance the customer experience to accelerate product to market times to reduce BTs cost base And they are seeking to achieve these all at the same time. Therefore new means were set up in order to increase and improve their performances such as 21CN 21CN is designed to deliver a world class customer experience from end-to-end. It will drive a radical simplification of BTs operations, increasing efficiency and the ability to launch new services to market faster than we can today. It will empower the customer with control, choice and flexibility like never before. BT claimed that 21CN will deliver both enormous cost-savings and the most advanced network in the world for new services. They point to consolidation of equipment, the simplification resulting from the removal of numerous legacy networks, and the flexibility and degree of automation enabled by 21CN. Its new network will make it more efficient, quicker to respond to market demand and more flexible. It claims it will be much easier to launch multimedia, converged services and that customers will have more control over their account management and greater flexibility in the way they interact with BT and its network. ( Financial Times June/15/2005 08:44 ) PEST ANALYSIS OF BT With the economic globalization and the widespread application of information technology, enterprises are faced with dynamic and complex external environment which is increasingly important for survival and development of enterprises. With regard to political factor, BT was the vanguard of the reform of the telecommunication industry in Europe and the United States, and the success of the reform was owned much to the British government telecommunication policy, especial for the right choice for control policies. Economic factor refers to the macroeconomic situation, world economic situation and economic status of industries. For example, the current economic crisis leaded to the incline of BTs economic benefits. Due to the economic pressure, BT was planning layoffs which showed that BT had dropped at the companys lowest situation since the privatization in 1984. The social factor refers to the general factors which have indirect and potential impact such as population, income or purc hasing power, national culture and national education level. Ecological factor essentially means that increasing depletion of natural resources and ecological environment forced the enterprises to adapt environmental protection policy. For example, BTs goal is to reduce its carbon emission by 80 percent in 2020, at the same time, BT has also introduced a new model to measure and trace carbon emission, Carbon Disclosure Project (BT, 2008). Technological factor refers to the industry-related science and technology and the trend of development. As a veteran operator in Europe, BT had won the attracting results through introducing the 21st century network based on NGN technology, and adapting the industry-leading technologies and strategies to carry out the entire business operation SWOT ANALYSIS OF BT SWOT analysis is the analysis of organizations strengths, weaknesses, opportunities, and threats in order to identify a strategic niche that the organization can exploit G Lancaster (2002). Strength: BT is the worlds oldest communication company which was established in 1846 and still serves over 20 million business and residential customers with more than 29 million exchange lines. It has a good reputation of being part of the European leading telecommunication service provider. For instance, it extends its market in other countries, it is a global company and Over 60% of Fortune Global 500 companies and over 65% of FTSE 100 companies are part of the BT customer database. It makes BT has a strong brand image and until now BT is still the only UK telecom operator to have a universal service obligation (USO). Its strong base of long term customers makes BT financially successful due to its innovative and flexible organization and its competitive price. Weakness: The weakness of BT is inflexible. BT is a big company, so it should work by step and step, it cannot change quickly when meat the problem. But however today, BTs reputation is going down because its internet service usually crashed for long hours and therefore takes a great deal of time to reconnect. BT Home Hub WI-FI security easy to crack (Router manufacturers use algorithm to generate WEP (wired equivalent privacy) and WPA (WI-FI protected access) default keys. BT Home Hub ships with default encryption keys to encrypt wireless network traffic using either WEP or WPA. But the algorithm is predictable and only creates a limited number of easily-hacked keys). It is also obvious that BTs own success makes it difficult to recruit and train staff quickly enough. Opportunity Experts predict great potential for future growth in next 10 years. And the current recession is favorable as people more specifically the customers and businesses are more cost-conscious. It is also important to note that lots of threat to new entries to the market which gives opportunity to grow even bigger nationally and internationally. BTs well known in Europe can bring new co-operating companies all over the world. Internet user growing quickly, it means BT have opportunity to get more market share. In 1994 only $1billion market for BT and MCI but now it grows unbelievable. Global telecommunication market is grow 20% in 2008 compared to 12% in 2003 which will have a good chance for BT to create a new record. With the technology of internet, BT also can develop new product, for example: it can increase the speed of cell phone to use internet Threat BT was established in 1846, at that time it was the only telecommunication company in Britain until 1982 Mercury communications entries this market. It means BT should competitive with Mercury communications and BT market share decreased. It leads to BT cannot make price easily; it should compare with other company price and then make a competitive price. BT also should improve their products, make it have more competitive, because BT should keep their old customers and create some new customers or take customers from Mercury communications, but it should cost more. In addition, BT starts to lose the customers trust and the introduction of mobile phones decreases the usage of landlines. The treats get worse as big brands enter the market with new technology and low prices. The internet coverage of areas that do not need landlines and new companies such as Virgin affect badly BTs expansion. Critical success factors Since the invention of the telephone by Alexander Graham Bell, new era of communication has started. In United Kingdom General Post Offices Postal Telegraph department which became BT group was providing telephone services. BT group is the largest communication service provider in United Kingdom. Throughout history BT had numerous advantages which influenced its success. BT had a monopoly in the industry till the duopoly sharer Mercury came out. These two telecommunication operators had an exclusive right to provide telecom services. This duopoly ended in 1990s, and market was open to be shared. But BT had already reached an attitude which is much stronger and unbeatable by competitors. Many of BTs customers are based in the UK. BT Global Services deliver solutions inmore than 170different countries, connecting installations, communities and value chains that are essential to organizations. Currently BT is responsible for approximately 28 million telephone lines. Furthermore the company is the only UK telecommunications operator obliged to deliver fixed telephone line to any UK address. In addition BT operates most public telephone boxes all-over the UK. With high technology BT delivers significantly good service of telephone, internet and cable TV. Current BTs most dominant product on the market is BT Home Hub which includes telephone internet broadband and cable TV. Furthermore BT has launched many more successful products throughout decades. INFORMATION SYSTEMS FOR BT Operational Control The operation control is the stage that shows and determines how the performing of specific tasks that are set by strategic and middle management decision makers. Usually, most of the tasks in operational level are structured. Knowledge level This stage evaluates new ideas for products and services, the ways to communicate new knowledge in other words the interaction, and finally the ways to distribute information. Management Control-tactical level The management control tactical level monitors effective or efficient ways of resources and performance of operational units. Most of the tasks in that level are semi-structured. Strategic Decision Making It determines long-term objectives, resources and policies. In general, a good number of the tasks in strategic level are unstructured. Major types of System The major types of system we can notice today are the Executive Support System (ESS), the Decision Support System (DSS), the Management Information System (MIS), the Knowledge Work System (KWS), and the Transaction Processing System (TPS). Executive Support systems Chief Managers use executive support systems (ESS) to make strategic planning about sales forecasting, budget, profit and personal planning. ESS serves the strategic level of the organizations. They address non-routine decisions requiring judgment, evaluation, and insight because there is no agreed-on procedure for arriving at solutions. ESS create a generalised computing and communication environment rather than providing any fixed application or specific capability. Furthermore, they are designed to incorporate data about external events such as new tax laws or competitors. They employ the most advanced graphics software and can deliver graphs and data from many sources immediately to a senior executive office or to a boardroom. Unlike the other types of informational systems, ESS is not designed primarily to solve specific problems. Instead, ESS provides a generalized computing and communications capacity that can be applied to a changing array of problems. J F. Rockart (1988). At this stage such matters like the business aims and competitors influences are indeed revised carefully. Therefore, senior managers are trying to maintain a good relationship with partners and existing customers. However to gain high reputation, they must be concerned about the role of customer social responsibility and have to create a flexible strategy planning that suits to the charges of economical factors. Decision support systems The decision support systems (DSS) help managers in making decisions that are unique, rapidly changing, and not easily specified in advance. They provide both problem-solving information and a communication capability for solving semi-structured problems. DSS have more analytical power than the other systems. They are built explicitly with variety of models to analyze data, or they condense large amounts of data into a form where they can be analyzed by decision makers. DSS are also designed so that users can with them directly; these systems explicitly include user-friendly software. F Buytendijk (2008). Relating to British telecom, the DSS study generally the options of maximisation profit and determine whether prices are suitable in the marketplace. Managerial Information Systems. Management information systems (MIS) are used mostly in management level system, management need information in different sectors like sale management control, annual budgeting, about investment analysis. On average, they are oriented almost exclusively to internal, not environmental or external, events. MIS mainly serve the functions of planning, controlling, and decision making at the management level. MIS review and report on the companys basic operations. The basic transaction data from TPS are compressed and are usually presented in long reports that are produced on a regular schedule. MIS usually serve managers interested in weekly, monthly, and yearly results-not day-to-day activities. MIS generally provide answers to routine questions that have been specified an advance and have a predefined procedure for answering them. Most MIS use simple routines such as summaries and comparisons, as opposed to sophisticated mathematical models or statistical techniques. Ross Malaga, (2003). Knowledge Work and Office Systems Knowledge Work System ( KWS) is very important because BT has different workstations like engineering workstations ,graphics workstations and managerial workstations ,on the other hand Office systems do in BT different work like word processor , document imaging , design for the company , electronic calendars. This system can involve a combination of work practices, information, structures, people, and technologies organized to accomplish objectives in an organisation. BT use information system in different level of management, there are a relationship between systems. Mostly, BT uses three information systems: management system, information system, and computer system. Transaction Processing Systems Transaction processing systems are the basic business systems that monitor the operational level of companies. A transaction processing system is a computerized system that performs and records daily routine transactions necessary to the conduct of the business. For example its like special force in the army, any operation need to be check and secure for example: machine control, securities trading, material movement, and cash control management. They also study the decision to grant credit to a customer for instance, this is made by lower level supervisor according to predefined criteria. All that must be determined is whether the customer meets the criteria. The master file is composed of discrete pieces of information (such as name, address or employee number) called data elements. Data are keyed into the system, updating the data and elements. The elements on master file are combined in different ways to make a report of interest to management and government agencies and to send paychecks to employees. These TPS can generate other report combinations of existing data elements. J Gray, A Reuter (1993) REFERENCES Modern Public Information Technology Systems: Issues and Challenges by G. David Garson, 2007 BT, (2008), BT press Release, retrieved on 17th April, 2009, from: http://pr.euractiv.com/node/3269 Information Systems Technology by Ross Malaga, 2003 Executive Support Systems: The Emergence of Top Management Computer Use by John F. Rockart 1988 Eco-Economy: Building an Economy for the Earth Page 163 by Lester R. Brown, Earth Policy Institute 2003 352 pages Annual Review of Communications: Volume 59 Page 243 by International Engineering Consortium 2007 750 pages Performance Leadership: The Next Practices to Motivate Your People, Align Page 207 by Frank Buytendijk 2008 300 pages Management of Organizational Change: Leveraging Transformation Page 63 by K. Harigopal 2006 367 pages The Guardian, Wednesday 9 April 2008 The Definitive Drucker: The Final Word from the Father of Modern Management Page 48 by Elizabeth Haas Edersheim, Peter Ferdinand Drucker 2007 289 pages Financial Times June/15/2005 08:44 Transaction Processing: Concepts and Techniques Page 3 by Jim Gray, Andreas Reuter 1993 1070 pages BIBLIOGRAPHY Strategic Planning for Information Systems by John. L. Ward and Joe Peppard, 2002 Ethics and Information Technology by James Anderson and Kenneth Goodman Introduction to Business Information Systems by Peter Mertens, Rolf. T. Wigand, 2003 Business Dynamics in Information Technology by Peter Gottschalk, 2007 www.bt.co.uk

Changing Impressions: A Sydney Carton Character Analysis Essays

They say a first impression is everything. However, I’ve found that these aren’t reliable. Some people cover their true feelings, trying to be tough. You never know what’s going on in people’s lives when you first meet them that causes them to act differently. And sometimes, we just make inaccurate assumptions. This is also true of things in literature.   Ã‚  Ã‚  Ã‚  Ã‚  In Charles Dickens’s novel â€Å"A Tale of Two Cities,† and in all his novels, he wants to confuse people to keep them reading. He creates complex characters who change over time, or rather just gives us more information influence our decisions our opinions. One of these complex characters who Dickens brings out in different light later is Sydney Carton. In the beginning of the story, when he is first introduced to us at Charles Darnays’ trial, we only see his outward actions, and none of his feelings. All we see of the man is that he appears to be a sloppy drunk, and quite the good-for-nothing loser. He spends the entire period during the trial staring at the ceiling with his eyes glazed over, never speaking once because he’s too drunk to do so. We later see that him after the trial, at a restaurant with Darnay. He does nothing other than drink. He orders glass after glass of wine, getting as drunk as possible. One wonders if he ever does anything else. He is rather mean to Darnay after the man thanks him profusely, and continues to drink. We see that not only is he a drunk, he’s a mean drunk. And then after Darnay leaves, Carton covers his head, lays down on the table, and tells the waitress to wake him at ten P.M. as he passes out. It almost implies he has nowhere else to go, but mostly just tells a reader that he has nothing better to do. We also see him at his law partner Stryver’s house, working late night hours as he drinks still more. It would seem that Stryver pulls Carton’s dead weight around to help him for some reason, and a reader wonder why Stryver does this. Stryver speaks of ambition and drive, and we can clearly see by comparison that Sydney has none. IT seems has no will to live, but rather stays alive only for his next drink. We later see him wondering around town like a vagrant, stumbling back to his house in the early morning hours. We arrives there, Dickens poetically that he cries himself to sleep. This is where one’s opinion of him first begins to chang... ...ding to this interpretation, the bright prophecies of better times ahead are basically Dickens' way of copping out, of pleasing his audience with a hopeful ending. If Sydney Carton's motives seem complicated to you, try stepping back and viewing him as a man, rather than an influence on the story. He's a complex, realistic character. We see him so clearly, working early morning hours on Stryver's business, padding between table and punch bowl in his headdress of sopping towels, that we're able to feel for him. Have you ever known someone who's thrown away his talent or potential, yet retains a spark of achievement, as well as people's sympathy? That's one way of looking at Sydney Carton. However you view him, though, is how Dickens meant it. He meant for his stories to be controversial and confusing; he loved it when his characters were complex and hard to understand. He felt he himself was this way, and made his characters modeled after him. But I know that after reading this book, I will check my first impressions and not really form too much of one before I see what’s really going on. And the next time I meet someone, I’ll remember that first impressions aren’t everything.

Airasia: Low Cost Carriers in Asia Pacific Essay

The use of information technology plays an important role in the strategic and operation management of airlines,and facilitates the successful airlines in the future. This paper will look at the awarding-winning low cost carriers (LCC) in Asia Pacific region – AirAsia, analyzes the current business environment, competitive advantages, value chain, current implementation of information technology, and the recommended future implementation of technology in customer relationship management (CRM) implementation to pursue competitive differentiation and profitability effectively in the future. COMPANY BACKGROUND AirAsia is one of the award winning and largest low fare airlines in the Asia expanding rapidly since 2001. With a fleet of 72 aircrafts, AirAsia flies to over 61 domestic and international destinations with 108 routes, and operates over 400 flights daily from hubs located in Malaysia, Thailand, and Indonesia. Today, AirAsia has flown over 55 million guests across the region and continues to create more extensive route network through its associate companies. AirAsia believes in the no-frills, hassle-free, low fare business concept and feels that keeping costs low requires high efficiency in every part of the business. Through the corporate philosophy of â€Å"Now Everyone Can Fly†, AirAsia has sparked a revolution in air travel with more and more people around the region choosing AirAsia as their preferred choice of transport. AirAsia creates values through the following vision and mission: Vision Mission To be the largest low cost airline in Asia and serving the 3 billion people who are currently underserved with poor connectivity and high fares.To be the best company to work for whereby employees are treated as part of a big family Create a globally recognized ASEAN brand To attain the lowest cost so that everyone can fly with AirAsia Maintain the highest quality product, embracing technology to reduce cost and enhance service levels AirAsia makes the low fare model possible and create values through the implementation of the following key strategies: Strategies Safety First Partnering with the world’s most renowned maintenance providers and complying with the world airline operations. High Aircraft Utilization Implementing the regions fastest turnaround time at only 25 minutes, assuring lower costs and higher productivity. Low Fare, No Frills Providing guests with the choice of customizing services without compromising on quality and services. Streamline Operations Making sure that processes are as simple as possible. Lean Distribution System Offering a wide and innovative range of distribution channels to make booking and travelling easier. Point to Point Network Applying the point-to-point network keeps operation simple and lower costs.

Balanced Budget Amendment - Pros and Cons in Budgeting

Balanced Budget Amendment - Pros and Cons in Budgeting The balanced budget amendment is a proposal introduced in Congress almost every two years, without success, that would limit the federal governments spending to no more than it generates in revenue from taxes in any fiscal year. While almost every state is prohibit from running deficits, federal lawmakers have never gotten  a balanced budget amendment to the U.S. Constitution signed by the president, and the government continues to run deficits in the hundreds of billions and trillions of dollars every year.   One of the milestones in the modern debate over the balanced budget amendment came in 1995, when the House of Representatives led by Speaker Newt Gingrich passed legislation that would have banned the federal government from running deficits as part of the Republican Partys Contract With America. It truly has been, I think, an historic moment for the country. We kept our promise. We worked hard. We produced a real change, Gingrich said at the time. But the victory was short-lived, and the balanced budget amendment championed by Gingrich and fiscal conservatives who had been swept into power was defeated  in the Senate by two votes. The same battle has been waged for decades and the concept is often raised during congressional and presidential campaigns because the notion of keep a balanced budget is popular among voters, particularly conservative Republicans.   What Is the Balanced Budget Amendment? Most years, the federal government spends more money than it takes in through taxes. That’s why there is a budget deficit. The government borrows the additional money it needs. That’s why the national  debt is near $20 trillion. The balanced budget amendment would prohibit the federal government from spending more than it takes in each year unless Congress specifically authorizes the additional spending through a three-fifths or two-thirds vote. It would require the president to submit a balanced budget each year. And it would allow Congress to waive the balanced budget requirement when there is a declaration of war. Amending the Constitution is more complicated than simply passing a law. Passing an amendment to the Constitution requires a two-thirds vote in each House. It is not submitted to the President for his signature. Instead, three-fourths of the state legislatures must approve it to be added to the Constitution. The only other way to amend the Constitution is to convene a Constitutional Convention at the request of two-thirds of the states. The convention method has never been used to amend the Constitution. Arguments for the Balanced Budget Amendment Advocates of a balanced budget amendment say  the federal government spends too much every year. They say that Congress has been unable to control spending without some kind of restraint and that, if spending is not controlled, our economy will suffer and our standard of living will drop. The federal government will continue to borrow until investors no longer will purchase bonds. The federal government will default and our economy will collapse. If Congress is required to balance the budget, it would figure out what programs are wasteful and would spend money more wisely, advocates say. â€Å"It’s simple math: The federal government should not be spending more taxpayer money that it brings in,† said Republican U.S. Sen. Grassley of Iowa, a longtime supporter of a balanced budget amendment.  Ã¢â‚¬Å"Almost every state has adopted some form of a balanced budget requirement, and it’s past time that the federal government follows suit.† Republican U.S. Sen. Mike Lee of Utah, a cosponsor with Grassley on a balanced budget amendment, added: Hardworking Americans have been forced to bear the burden of Congress’ inability and unwillingness to control federal overspending. As our federal debt continues to rise at an alarming rate, the least we can do is require the federal government to not spend more money than it has at its disposal.† Arguments Against a Balanced Budget Amendment Those opposed to a constitutional amendment say that it is too simplistic. Even with the amendment, balancing the budget will have to be done each year by legislation. This would require Congress to coordinate a large number of pieces of legislation – twelve appropriation bills, tax legislation, and any supplemental appropriations to name just a few of them. To balance the budget right now, Congress would have to eliminate many programs. In addition, when there is an economic downturn, the amount of taxes the federal government takes in usually drops. Spending often must be increased during those times or the economy can get worse. Under the balanced budget amendment, Congress would be unable to increase the needed spending. This is not a problem for states because they don’t control fiscal policy, but Congress needs the ability to stimulate the economy. By requiring a balanced budget every year, no matter the state of the economy, such an amendment would raise serious risks of tipping weak economies into recession and making recessions longer and deeper, causing very large job losses. That’s because the amendment would force policymakers to cut spending, raise taxes, or both just when the economy is weak or already in recession - the exact opposite of what good economic policy would advise, wrote Richard Kogan of the Center on Budget and Policy Priorities. Outlook Amending the Constitution is a rare and daunting task. It takes a great deal of time to adopt an amendment. The House may pass the constitutional amendment, but the outlook is much more uncertain in the Senate. If it passes there, it still needs to be ratified by three-fourths of the states. Because of the legitimate opposition to a balanced budget amendment among some economists and policymakers, Congress is unlikely to undertake the cumbersome process of even considering the amendment barring a significant debt crisis.

Has the US Government Taken the Best Possible Resolution Aga essays

Has the US Government Taken the Best Possible Resolution Aga essays September the 11th was the day when emotions ran wild. One year on and the US government now plots its war against terrorism. The question we should ask ourselves however is "has the US government taken the best possible resolution against terrorism?" There can be only one answer, no. The US government has used a cruel aggression against terrorism, which hasn't accomplished its goal, but rather caused more terror in human actions. Hundreds of Innocent Afghans have been bombed due to errors made by the US air force. The attacks on Afghanistan are triggering a future attack on the US or countries rather than stopping it. Terrorism has not been defeated, it still lies behind our backs waiting for the perfect moment to attack. Innocent Afghans are caught in the crossfire between "peace" and "terror", however it seems like the "peace" has sided with "terror". Bombing Afghanistan makes us look like we are real terrorist. The fact that these killings are occurring tells us only one thing, we are hypocrites. However, it is not our fault that these ignorant people from the US government believe it is of the best interest for the world to fight against terrorism with extreme force. In an incident with a village wedding party was accidentally which proves the dangers and vulnerability of the civilians. 2There were 40 fatalities and 100 others injured from that one incident, however this was just one of the many incidents. These facts shows us that the US government isnt just attacking the terrorist who were responsible for September 11th. However, the striking fact is that the US governments remains unconvinced that they are responsible for the lives in Afghan as it has been quoted 1 they (the US government) ha ve been reluctant to confirm that air strikes were responsible for the casualties. The US air force claims that the Afghans were attacking the air fighters and that the air force had no choice bu...

Acounting information System(AIS) research for Certified Management Paper

Acounting information System(AIS) for Certified Management Accountant(CMA) - Research Paper Example First, the Texas State Board of Public Accountancy (TBPA) requires that an individual must complete at least 150 semester hours of college credit. The total number of credits that an applicant studied in college must be verified when the said individual produces official transcript as well as a well filled application of accreditation. The application of intent will only be approved upon verification that the official transcripts show attendance of 150 semester hours. These hours maybe achieved by completion of master’s degree or other higher degree course conferred by a university that is recognized by TBPA, completion of an upper level accounting courses that is needed to take CPA exam or even completion of additional semester hours(extra units studied in college) of upper level courses that enhance accounting skills and proficiency. In this regard, TSBPA requires that applicants must complete at least 30 hours of accounting courses out of the entire 150 semester hours. These 30 hours must be of upper accounting level courses such as cost accounting, financial accounting, financial statement analysis, intermediate accounting, accounting control and advanced accounting. Alternatively, applicant may complete the 30 hours by completing 12 hours of accounting information systems and 12 hours of taxation courses (TSBPA, 2014). Moreover, the applicants must also complete 24 semester hours of upper level business courses such as business law, financial management, finance, statistics, marketing, information technology, business communication and economics. Additionally, an applicant must also complete at least 3 semester hours on ethics (in which the courses emphasize on integrity, independence and objectivity of an individual) and 2 semester credit hours in tax analysis and research or upper level accounting. Secondly, an applicant applies for

Great Events in History Essay Example | Topics and Well Written Essays - 1500 words

Great Events in History - Essay Example Unlike of religious beliefs, there is no proper definition of justice in Quran and therefore my understanding is based on Muslim interpretation of justice. My view of justice is also partly open-minded since I strongly believe that no system is perfect to deal with all the complex situations the world is faced with. Men are the most decision makers when it comes to matters of Islamic justice even though we are equally affected by the outcomes of the decisions they make. I strongly believe that morality and ethics are the roots of all evil in the society and the remedy can easily be found in the spiritual traits. Life is sacred according to Islam hence should not just be taken away without proper accusation beyond any reasonable doubt. This therefore implies that life can only be taken away on the context of justice and law and not any other consideration (Abou & Cohen 71). The spirit of the Muslim penal code is to protect lives and promote justice and not the vice versa as many other people and religions have tried to paint it. Quran legislation for the death penalty in the case of murder, forgiveness, and compassion are strongly encouraged and the murder victims are given a choice to either insist on the death penalty or pardon the wrongdoer and accept compensation. The act of spreading mischief across the land on matters that are mostly related to apostasy, terrorism, piracy, rape, adultery, and homosexual behavior can also result to capital punishment according to the Muslim faith (Khadduri 102). The methods of punishment vary from place to place but the common ones in Saudi Arabia include firing squad, hanging and beheading. Executions are held in public places to act as a warning to those who may consider repeating such acts in future that their days are numbered. Vigilantism has no place in Islamic society and one must be properly convicted under the Muslim laws that require strict evidence standards before capital punishment is imposed on anybody. The ac t of homosexuality is highly prohibited according to my religion on the basis that it clashes with the natural order in which God created human beings. In the social scene, it brings destructions to the family set up since no two people of the same sex have the possibility to mate and give rise to a fertile offspring. The believers of Muslim faith should neither participate nor support such acts of gay either materially or psychologically at all time of their lives. We believe that everything has been created in pairs and such, people should benefit and develop a relationship based on the opposite sex and not same sex relationships. Pairing of the males and the females is part of human nature and the natural order that should be promotes in a culturally sensitive society (Khan 11). The Quran supports the relationship between a wife and husband as a relationship that supports love, tenderness and support and I strongly believe that such qualities can hardly be found on same sex relat ionships. There is punishment for acts of gayism according to Islam but there is no legal judgment for those who feel the homosexual impulse but are reluctant to act on them. Acting on homosexual feeling is a bad idea that is condemned and subject to legal punishment that varies from jail term to death penalty. The use of sexist, racist, and homophobic language is prohibited according to my traditions, culture, and religion. We strongly believe

Organizational Resource Management and Business Strategy at Staples Case Study

Organizational Resource Management and Business Strategy at Staples Organization - Case Study Example In regard to Staples organization customers, it is important to note that it serves its customers under its original name in the United States, United Kingdom, Brazil, India, Germany, Portugal, Austria, France, Norway, China, and Italy, while it operates subsidiaries in Canada, Belgium, Netherlands, and Argentina. Staples organization’s customers have comprised of large global and national organizations as well as the wholesale and retail customers (Staples, 2012). The organization has highly customized services and products that are aimed at addressing the unique needs of large global and national organizations. For example, Staples Advantage that operates in most European countries is designed to provide customized services and products to both global and national customers in countries they are operating in (Staples Advantage, 2012). ... However, in order to ensure that a widened customer base receives their purchases conveniently and to facilitate convenience and accessibility of its products and services, Staples organization has involved a number of suppliers in its business (Staples, 2012). It is important to point out that there are criteria that have been set by the organization for a company to become its supplier, as well as legal requirements that must be complied with before a company becomes a supplier. Selection of suppliers is usually based on merit. As already been noted, the Staples organization deals with a wide range of products and services. This is very important considering that it is a listed company and therefore has to enhance its profitability. Staples products include the following: promotional products, technology, office machines, technology, furniture, and business services. These products are available online as well as in Staples stores. In order to boost its sales and enhance profitabil ity, the Staples organization recently launched a new line of products that are designed by Martha Stewart Living Omnnimedia Inc (Dow Jones Newswires, 2012). Competition in the retail industry dealing with office supply is usually immense because of changing customers’ expectations and increasing demands. The main competitors of the Staples organization are Office Depot Inc. (ODP) and Bed Bath & Beyond Inc. (BBBY). Bloomberg Businessweek (2012) notes that Staples’ capital structure relies on debt level that is comparable to the retail industry norm, that is, at 12.68%, which represents a decline from the previous fiscal year.

Intellectual Property Essay Example for Free

Intellectual Property Essay Overview of Paper Whether we believe it is right or not, many of us have become accustomed to the fact that a large number people download copyrighted material regularly using Peer-to-Peer file-sharing software. As a result, the entertainment industry is losing billions of dollars in revenue, and is suffering from the infringements of many copyrights. Who should be held responsible for this? Is it the fault of the people who misuse the software or the fault of the software distributors for allowing this to occur? With the recent case of MGM Studios, Inc. v. Grokster, Ltd., these issues came to an even bigger showdown than the predecessor case of AM Records Inc. V. Napster in which the violations that its users were directly infringing the plaintiffs copyrights, that Napster was liable for contributory infringement of the plaintiffs copyrights and that Napster was liable for vicarious infringement of the plaintiffs copyrights, particularly after it was discovered that multi-platinum artists were finding their songs leaked to the internet long before an album had ever been released. (Vaver) Thusly, the basis of this paper will be to examine the relationship of Peer-to-Peer (P2P) file sharing services and how they violate copyrights, patents and generally, intellectual property. Further, I will discuss the impact on software developers, artists and the individual user who participates in utilizing P2P software on their individual and public access computer systems. The primary case that will be featured in this discussion is Metro Gold wyn Mayer (MGM) versus Grokster which took place in 2005. †¢History of participants (MGM) Theater magnate Marcus Lowe, who orchestrated the merger of Metro Pictures Corp., Goldwyn Pictures and Louis B. Mayer Productions, formed MGM in April 1924. With visionary Louis B. Mayer and Irving Thalberg at the helm, Metro-Goldwyn-Mayer was a powerhouse of prolific artistry and filmmaking expertise that the studio famously said attracted more stars than are in the heavens. During a golden three decades from 1924 to 1954, the Culver City-based studio dominated the movie business, creating a Best Picture nominee every year for two straight decades. One of the more memorable years at the Academy Awards ® was in 1939 when MGMs Gone With the Wind and MGMs The Wizard of Oz were both nominated for Best Picture. Gone With the Wind took home Best Picture that year, along with 8 other Oscars. The Wizard of Oz secured two Oscars. United Artists was established on July 15, 1919 by Charlie Chaplin, Mary Pickford, Douglas Fairbanks and D.W. Griffith and was best known as the company built by the stars. The budding company quickly left an indelible mark on Hollywood, revolutionizing the motion-picture business by promising creative freedom to actors and filmmakers, while offering the filmmakers a share of the films profits. UAs Midnight Cowboy, released in 1969 starring Dustin Hoffman and Jon Voight, was the first X-Rated film to be nominated and win an Academy Award ®. It won 3 Oscars ®, including Best Picture. It was changed to an R-rating in 1971. United Artists later joined the MGM family in 1981, and thrived as member of the lions pride.†¨Ã¢â‚¬ ¨MGM boasts a total of 205 Academy Awards ® in its vast library. Among those are 15 Best Pictures. These films include; Rebecca (1940), Best Years of Our Lives (1946), Hamlet (1948), Marty (1955), The Apartment (1960), West Side Story (1961), Tom Jones (1963), In the Heat of the Night (1967), Midnight Cowboy (1969), Rocky (1976), Annie Hall (1977), Platoon (1986), Rain Man (1988), Dances With Wolves (1990), The Silence of the Lambs (1991). Today MGM boasts an impressive library comprised of titles from the United Artists, Orion Pictures, and Goldwyn Entertainment and PolyGram Filmed Entertainment libraries. With approximately 4,100 films and over 10,400 hours of television programming, the library also includes the Rocky and Pink Panther franchises and the celebrated James Bond franchise, the longest running and most profitable series in film history. (MGM) MGM and other entertainment companies (24 in total): A collection of song-writers, music publishers and motion picture studios who â€Å"own or control the vast majority of copyrighted motion pictures and sound recordings in the United States.† Damages were sought as well as an injunction against Grokster for copyright infringement. MGM accused Grokster of distributing software which enabled users to breach copyright restrictions. They insisted that around 90% of data transferred using P2P software was copyrighted, costing them millions of dollars in lost revenues. They also argued that this type of copyright infringement would not occur if Grokster and similar software distributors did not make it possible. †¢History of participants (Grokster) Grokster Ltd. was a privately owned software company based in Nevis, West Indies that created the Grokster Peer-to-Peer file-sharing client in 2001. Grokster Ltd. was rendered extinct in late 2005 by the United States Supreme Courts decision in MGM Studios, Inc. v. Grokster, Ltd. (Duke) Grokster became popular after the collapse of Napster due partly because of its decentralized architecture. Grokster’s client application licensed the FastTrack network technology. Grokster was in a new client software application that was used to connect to the FastTrack and Gnutella’s decentralized P2P networks to enable its users to share files. This network was quite different from Napster in two primary ways: 1) users could search for any file type (they were not restricted to MP3s like in Napster) 2) the network was decentralized. The decentralized architecture prevented any single broken link, such as Napster’s index servers, from bringing down the network. Grokster removed the need for centralized index servers through its use of super nodes. Whenever a powerful computer with a high-speed connection running Grokster connected to the FastTrack network, it automatically became a super node and acted as a temporary indexing server for other clients on the network. It was believed that the decentralized nature of the network would insulate it from legal threats, however, this can also intimate a certain level of culpability in the act of sharing the files. (Giblin) So what is Intellectual Property? According to WIPO (World Intellectual Property Organization), intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Intellectual property is divided into two categories: Industrial property, which includes inventions (or as we commonly know them: patents), trademarks, industrial designs, geographic indications of source (definition of geographic indications: a name or sign used on certain products which corresponds to a specific geographical location or origin {e.g. a town, region, or country}. The use of a geographic indication may act as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a certain reputation, due to its geographical origin†¦ example: Vidalia Onions or Florida Oranges†¦) and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works like drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs. The innovations and creative expressions of indigenous and local communities are also Intellectual property, but because they are â€Å"traditional† they may not be fully protected by existing Intellectual property systems. Thusly, when industrial works and/or literary and artistic works are shared without proper compensation, any business, contract holder, artist or individual related to the copyright or patent has the right to seek damages in what is owed to them in relationship to the work in question. MGM V. Grokster – Facts and Decision MGM and several music and motion picture studios brought this suit against Grokster alleging vicarious and contributory copyright infringement for distributing peer-to-peer file-sharing software. According to MGM, over 90% of the material exchanged using Grokster’s file-sharing software is copyrighted material and therefore, copyright infringement occurs every time users exchange the information. MGM contends that Grokster contributes to this infringement by making the file-sharing software available to the public. The district court disagreed with MGM, granting partial summary judgment in favor of Grokster as to the liability that occurred from its present distribution activities. MGM appealed the decision to the Ninth Circuit Court of Appeals. The Ninth Circuit held that Grokster was not liable for contributory infringement because it lacked sufficient knowledge of the infringement and it did not materially contribute to the copyright infringement. According to the court, th e peer-to-peer file-sharing software distributed by Grokster was capable of substantial non-infringing uses. Based on this finding, the court held that Grokster could not be found liable for mere constructive knowledge, but must have had reasonable knowledge of specific infringement at the time it contributed to the infringement. Such knowledge was impossible in this case due to the structure of the network created by the Grokster software. Unlike previous file-sharing networks, Grokster did not maintain a searchable index on a centralized server. Instead, indexes were maintained on the computers of individual users, which prevented Grokster from learning of any infringement until after it had occurred. The network design also prevented Grokster from materially contributing to any copyright infringement because Grokster did not provide the site or facilities for infringement. (Duke) The Ninth Circuit also held that Grokster was not liable for vicarious copyright infringement. According to the court, Grokster lacked the right and ability to supervise the direct infringers. The peer-to-peer file-sharing software did not allow Grokster to block access to infringing users and did not provide Grokster with any opportunity to filter content. While MGM argued that Grokster could alter the file-sharing software to control user access, the court noted this was not a viable option because the software resided on the computers of the users and not on a centralized server. The court ruled against Groksters peer-to-peer file sharing program for computers running the Microsoft Windows operating system, effectively forcing the company to cease operations. The product was too similar in look and feel to Kazaa, which is marketed by Sharman Networks and Morpheus, which was distributed by StreamCast. Grokster along with Morpheus and Kazaa are considered second-generation peer-to-peer file sharing programs because unlike their predecessor Napster these file sharing programs allowed users to trade files directly between one another without these transactions passing through a centralized server. Because Napster maintained this fraction of control over the transaction of files through its server it was ruled illegal because it should have exercised its power over the server to stop the sharing of copyright infringing files. Grokster and this second generation of peer-to-peer file sharing programs sought to avoid this legal obstacle. (Duke) Issues at Stake In a peer-to-peer network each computer is both a server and client. Members need to download only the relevant software file sharing software, free of charge, and they may participate in the network to exchange files, which are more often than not, copyrighted. The owners of copyrights, in this case MGM believed that the software distributors are liable for copyright infringement of the software users: By providing P2P file-sharing software, MGM believe Grokster should be liable for the actions of the individuals who misuse it. A major debate rages over the issue that copyrights, no matter how numerous, do not give the holders a veto over certain advancements in technology. The copyright owners (MGM) relied on the two recognized theories of secondary copyright liability: contributory copyright infringement and explicit copyright infringement. In order for Grokster to be held liable for contributory copyright infringement, it had to be proven that direct infringement of copyrights took place by a primary person, party or group and that Grokster had full knowledge of the infringements. It also had to be determined that they also provided a material contribution to this infringement. For Grokster to be held liable for explicit copyright infringement there had to have been direct copyright infringement by a primary party, a direct financial benefit to the Grokster and an ability on the part of Grokster to supervise those responsible for the infringements. Precedent: The Betamax Case (Universal City Studios, Inc. et al. v. Sony Corporation of America Inc. et al. 1979) In this case it was held that video-recorders should not be banned, even though there is a chance they might be misused by the owner. This technology has substantial non-infringing uses, and so an outright ban could not be justified. Betamax technology was developed with the aim of allowing users to record television that they would have otherwise missed: thus, it’s intended and advertised use was not as an infringer of copyrights. (Vaver) Billions of files are shared across P2P networks each month a large proportion of which are illegal. If Grokster was made responsible for their actions, the amount of files transferred would be expected to reduce significantly as tighter regulations are enforced. If MGM won their case in its entirety, the owners of file-sharing software would be held responsible for copyright infringements of the software users. Even though MGM was attacking a certain type of software, many other technologies could be affected if MGM had been successful. MP3 players, CD burners, external hard-disks, and so on would have been drastically changed to the leisure (and working) time of many individuals due to the basic operating software included with each of those devices and the nature of their portability from machine to machine and platform to platform. (Vaver) A precedent would be set against which similar cases in the future could be examined. This is not a new problem, it has been going on for years between the Entertainment Industry and technology, which allows copyrighted material to be duplicated. The ultimate and unresolvable issue here is a trade-off between intellectual property rights and technological innovations, which will become more and more cloudy as social media and technological innovations churn ever forward and change at such a consuming and rapid pace. Repercussions In the wake of the case filing, Grokster began warning many users on the main page of their website that their IP (internet protocol: A unique string of numbers separated by periods that identifies each computer attached to the Internet) addresses were being stored. Prosecution of the file-sharing individual relies upon what has commonly been referred to as a process of a doe subpoena. If a doe subpoena is utilized, prosecutors are required to gain a series of subpoenas in order to find out the identity of the user behind the IP address in question. Following the shut down of Grokster blogs became inundated with concerned users fearful of the warning however there were and are no reports of the use of doe subpoenas in this case. Research into the effects of warnings such as the one left on Grokster’s website has shown that while these warnings can result in a substantial reduction in online file sharing of individuals, the overall availability of downloadable content did not diminish. Furthermore, researchers cannot account for how much of this reduction in individual file sharing is simply shifted to other file sharing programs. In cases where the RIAA has issued threats the users who conduct the most file sharing usually reduced their daily transactions to levels below the level of prosecution. In effect these warnings have only caused only a brief reduction in overall online file sharing. (Duke) Future Fallout The fear raised by some is that the Grokster findings would impose far too heavy of a burden on technological development, or discourage the dispersment of community information. The Grokster Court attempted to remain mindful of the need to keep from trenching on regular commerce or discouraging the development of technology with lawful and unlawful potential. The Court did not focus on the legality of the P2P networks but rather on the intent and conduct of the defendants. Finding the defendants intent unmistakable, the Court reasoned that such wrongful intent combined with defendants unlawful conduct could make defend- ants liable. Thus, the Court appropriately placed the blame on the malicious con- duct of technology developers rather than on the technology itself. (Grigorian) Under Grokster, businesses [can] continue to develop new technologies provided they do not encourage their users to violate the copyright law. Therefore, it is reasonable to infer from Grokster that P2P file-sharing software and similar technologies remain perfectly legal. This is a legitimate finding because, as the Court pointed out, file-sharing technologies can and have been used for legitimate, non- infringing purposes. For example, universities, business, and government entities use P2P file-sharing software for added efficiency and a more stable platform on which information can be shared [without being susceptible] to the types of attacks that a centralized server faces. (PC Review) Since the Supreme Courts pronouncement of Grokster, many legal scholars are eager to know the role the decision will play in future indirect copyright infringement cases, especially those involving file-sharing technology. Given the questions that remain unresolved after the Grokster decision, like those regarding the proper interpretation and application of Sony, future plaintiffs are likely to first proceed under the active inducement theory and, alternatively, plead contributory copyright infringement. To establish liability under the active inducement theory, plaintiffs must prove that: 1. The defendant took active steps with intent to cause infringement 2. The users of defendants technology did in fact engage in infringing activity. In cases involving P2P technology, proving intent is the trickiest of the two elements. However, copyright holders with legitimate claims will most likely be able to meet this requirement by showing that the conduct and activities of the alleged infringers in developing and marketing their technology would rise to the level of actively promoting the illegal sharing of said works. Courts will then need to examine the alleged infringers business models, marketing and promotional strategy and capability of installing filtering and monitoring systems in order to determine whether sufficient evidence of intent exists. Although it’s unclear as to how many of these factors must be present for a court to find wrongful intent, it is reasonable to determine that the more closely a persons behavior resembles that of a Grokster type entity, the more likely a court is to find liability under the active inducement standard. (Grigorian) This does not indicate that Grokster prefers copyright holders or offers them an automatic win. Some would argue that Grokster makes it more laborious for copyright holders to obtain damages because it forces them to conduct more extensive discovery and incur greater legal expenses in order to successfully prove intent. So while Grokster may appear unreasonably burdensome at first, it actually benefits all parties involved. By setting the burden of proof higher and requiring copyright holders to prove intent, Grokster will likely deter wasteful claims. The newly adopted standard also favors copyright holders because it offers clearer guidelines for those with legitimate claims to seek a legal remedy when their rights are violated. Therefore, in contrast to what some scholars may argue, Grokster successfully maintains a delicate balance between innovation and copyright protection. Conclusion The District Court of California and the Ninth Circuit Court of Appeals ruled in favor of Grokster, much to MGM’s disappointment. It was held in both courts that Grokster escaped liability for a number of reasons: 1.Grokster did not have constructive, adequate knowledge of the infringements. 2.The software distributed by Grokster was capable of substantial non-infringing uses. 3.There was no central server, thus Grokster could only obtain information of the infringement after it had already happened (i.e. they could not block or prevent copyright infringement because they were not able to directly supervise file transfers). 4.Grokster could not be found responsible for materially contributing to any copyright infringement. 5.Grokster did not directly earn money from this software, as it is free for people to download. Instead, they earned money through advertisements on their website. 6.Grokster was unable to change the software to control user access due to the fact that the software resided on the users’ computers and not on a centralized server. In the United States Supreme Court, the ruling of the appeal favored MGM. The unanimous ruling was that â€Å"one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.† Under these conditions, P2P file-sharing companies could now be sued for copyright infringements. Many as the most important intellectual property case have dubbed this case in decades (PC Review) Due to the extent of disagreement, which arose as to whether Grokster is protected under the Sony Betamax case, a new test has been developed to determine whether the ruling in the Betamax case protects the software in question. The test assesses whether or not the distributors of the software have promoted it as a means of copyright infringement. If such intentions were found, then the ruling of the Betamax case could not be used as precedent. As long as new innovations do not affect existing copyrights, then this ruling should not affect them. It is seen by the Supreme Court as a fair balance between the benefits gained by allowing and promoting technological innovation and the need to respect the intellectual property rights of artists. However, critics do not quite view it in the same light: they are skeptical that the test will work in their favor due to its inherent ambiguity. (PC Review) There are major concerns, however, that despite the good intentions of the court to strike a fair balance between innovation and copyrights, many investors may be put off. If there is a slight chance that a potential project is at risk from this ruling, then ideas are likely to go no further than the drawing board. This could have huge significance, especially regarding the creation of new digital technologies: Any threat of liability, and the idea dies Many argue that file sharing is not the problem, which needs to be addressed here; it is the issue of the individuals that abuse it. On the other hand, trying to hold millions of downloaders responsible for their (numerous) actions would be logistically impossible, and so a more preventative approach has instead been used. (PC Review) Therefore, Groksters message could not be any louder or clearer: innovators should continue to develop new technologies but they must do so with a lawful intent. In devising a new standard for liability, the Court in Grokster provided an alternative mechanism under which copyright holders could seek redress against technology developers and distributors that infringed on their intellectual property rights by proving un-lawful intent. The new standard appropriately focuses on the infringers conduct and intent rather than the technology itself. Works Cited 1. Giblin, Rebecca. Code wars†¯: 10 years of P2P software litigation. Cheltenham, UK; Northampton, MA: Edward Elgar Publishing, 2011. Print. 2. Duke University School of Law, â€Å"MGM V. Grokster.† Web. 2004 2005. http://publiclaw.law.duke.edu/publiclaw/supremecourtonline/certgrants/2004/mgmvgro.html 3. â€Å"The Legality of File Sharing MGM Vs Grokster.† Web. 14 July 2012. http://www.pcreview.co.uk/articles/Consumer-Advice/The_Legality_of_File_Sharing_-_MGM_vs_Grokster/ 4. â€Å"The Official Website for Metro-Goldwyn-Mayer (MGM) Studios: Learn More About the History of MGM.† Web. 14 July 2012. http://www.mgm.com/corporate/index.html 5. Vaver, David. Intellectual property rights†¯: critical concepts in law. London: Routledge, 2006. Print. 6. â€Å"WIPO World Intellectual Property Organization.† Web. 14 July 2012. http://www.wipo.int/portal/index.html.en 7. Grigorian, Kristine. MGM vs Grokster: Adopting Patent Law’s Active Inducement Do ctrine and shifting focus to actual infringers. Maryland, Northampton, Journal of Business and Technology, Maryland School of Law, 2005. Print.