Thursday, August 27, 2020

Midterm-10 questions essay Assignment Example | Topics and Well Written Essays - 750 words

Midterm-10 inquiries article - Assignment Example cant in creating advertising methodology since it adjusts the hierarchical destinations to the showcasing exercises, for example, creating, conveying, elevating and evaluating items to fulfill the needs of the clients. Advertising arranging includes an exhaustive examination of the promoting condition and industry considering financial, lawful, political, social, administrative and serious powers that affect the organization. SWOT examination is a significant investigation apparatus in such manner to dissect the qualities, shortcomings, openings and dangers of a firm. Qualities and shortcomings help in interior investigation of the organization while dangers and openings help in the outer examination. 3. Five kinds of powers assume their job in the promoting condition. These are serious; monetary; political, lawful and administrative; mechanical and socio-social. Rivalry may happen in brands, items, financial plan or in every one of them. Rivalry prompts different kinds of market structures, for example, restraining infrastructure, oligopoly, monopolistic rivalry and unadulterated rivalry. The condition of the economy prompts business cycles which impact the customers’ purchasing power. Essentially, government arrangements and guidelines greatly affect firms particularly global firms. Innovation affects request, creation, bundling and appropriation. Socio-social variables incorporate segment, social and other social components. 4. Morals is a significant thought in advertising choices since it prompts shopper altruism and government assistance. The organizations effectively taking part in social obligation can really use such stages to advance their items too so as to satisfy the double destinations of such activities. One of the instances of morals in promoting is the utilization of Green advertising where organizations embrace condition benevolent approaches to market and sell their items. This additionally helps in making a positive picture of the organization in customer mind space. 5. In the initial step

Saturday, August 22, 2020

Louise Nevelson Sky Cathedral Essays

Louise Nevelson Sky Cathedral Essays Louise Nevelson Sky Cathedral Paper Louise Nevelson Sky Cathedral Paper Paper Topic: Church Related Louise Nevelson-Sky Cathedral Presence Survey of World Art The sculptress Louise Nevelson was a transcending figure of American innovation. Conceived in 1899, she came to conspicuousness in the late ‘50s, picking up prestige for monochromatic structures worked out of disposed of wood. Pundit Arthur C. Danto composed, â€Å"There could be no better word for how Nevelson formed her work than bricolage-a French expression that implies managing with what is close by. (Danto 2007) Her pieces advanced and extended in size over the last twentieth century, moving from littler pieces to divider estimated ones, and the plays of volume in that, among light and mass, created correlations with various developments. The accompanying paper will inspect these connections by examining Nevelson’s work, Sky Cathedral (1982), in discussion with seven others: the Stela of Mentuwoser (ca. 1955 B. C. ), the Grave Stele of a Little Girl (c. 450-440 B. C. ), the Imperial Procession from the Ara Pacis Augustae (13-9 B. C. ), the Triumph of Dionysos and the Seasons (ca. A. D. 260-270), Duchamp’s Bicycle Wheel, 1913/1951, MoMA, Mondrian’s Composition (1921), and Pollock’s One (Number 31, 1950). To set up these discussions, it is important to find Nevelson’s centrality. Picasso’s spearheading, mid twentieth century figure of gathering was the establishment of Junk workmanship a motivation using discovered items. Nevelson had begun collecting disposed of wood in the mid ‘50s (she was then in her mid 60s), and doing so connected her to numerous more youthful friends. Be that as it may, Nevelson was not ideologically connected to either. Additionally, Nevelson’s monochrome reliefs summoned hallowed and open scene from hundreds of years sooner. What is midway extraordinary, however, is the absence of single, genuine viewpoint her bigger establishments welcome thought from an assortment of points of view. To put her in a specific mode or custom consistently appears to face these strains. Beginning with the Stela of Mentuwoser (Fig. 2), one has a genuine model. Like Nevelson’s develop works, it is a rontally-arranged help, and one may go further, taking the Stela’s funerary capacity as a connect to the ordering monochromes-most clearly the blacks. In any case, Nevelson herself didn't utilize monochromes to imply anything, expressing that the relationship of dark and passing was essentially a Western social affiliation and that for her, â€Å"it may mean completion, culmination, possibly forever. † Moreover, it would sell o ut social projection to accept that the Egyptians were endeavoring reflection, in essence. As indicated by Panofsky The antiquated Egyptians, who attempted to repeat things in their thoroughly target appearance, most likely idea they were continuing as naturalistically as could be expected under the circumstances. The Greek craftsman, thusly, would have thought of his own functions as naturalistic just in contrast with those of the Egyptians. {Panofsky 2000) Krauss, in her exposition â€Å"The/Cloud/†, advises us that, â€Å"The Egyptian relief†¦both authorizes a shadowless linearity and is anticipated as though observed from no vantage by any means. (Kraus 1992) By differentiate, Nevelson’s Sky Cathedral (Fig. ), even in a 2-D rendering, is loaded with niches and shadows-this welcomes the changing of position which itself products its vantages. The Stela is moderately slender; its funerary reason makes one review Alois Riegl’s examination The Egyptian strategy for utilizing a hypothesis of extents obviously mirrors their Kunstwollen [artistic go al or â€Å"the will to form†], coordinated not toward the variable, yet toward the consistent, not toward the symbolization of the imperative present, yet toward the acknowledgment of an ageless time everlasting (Riegl 1957) By welcoming the watcher to reconnect Sky Cathedral from various methodologies, Nevelson is plainly attempting to accomplish something different. Looking next at the Grave Stele of a Little Girl (Fig. 3), one can see not just the proper headways to which Panofsky motioned in the statement above yet in addition the mystical move from the viewpoint Riegl depicted. Despite the fact that this Stele, as well, is associated with death, it isn't worried about the agelessness of existence in the wake of death it strikingly gets a handle on towards a felt moment of its young subject’s life. The impact of this girl’s inauspicious demise and the moment of life the Grave Stele catches are both amplified by the weight and consistency of the marble. On the other hand, Nevelson accomplishes something like gracefulness in Sky Cathedral by her utilization of numerous layers and various â€Å"new† spaces that rise up out of various vantage focuses. From the Attic Greek to the Augustan age carries one to the Imperial Procession, situated on the North frieze of the Ara Pacis Augustae (Fig. 4). The initial two models put into discussion with Sky Cathedral were morgue, yet the Imperial Procession is celebratory. The initial two are both littler than four feet, yet the Procession is life-sized, so its visual power is along these lines amplified. At long last, the people in that are not glorified sorts, rather than prior Greek methods of sculpture they naturalistic portrayals of numerous real individuals in the line of the Caesars. The Ara Pacis took four years to work, because of its ideal scale and quality, and that scale focuses to a remarkable advancement from the Greeks to the Romans. Riegl asserted this vector went from what he call[ed] the haptic objectivism of the Greeks-the depiction of the lucidity of the article through an intrigue to and an incitement of the material relationship of the watcher to the optical objectivism of Roman craftsmanship, wherein the need to set the figure up in space as fundamentally unsupported prompted the projection of the back side of the body and consequently the utilization of the drill to unearth the alleviation plane. (Riegl 2004) This amplification in both size and authenticity captivates, unquestionably bringing out an enthusiasm for various planes of and vantages on the Procession. However, what is strikingly missing here that exists in Sky Cathedral are the breaks and pockets-the forming inward spaces that make shadows and mysteries and that are themselves variable things, as outside light moves. The change from Augustan to late Roman figure discovers this urgent progress. From contemporaneous points of view, Late Roman workmanship was decided to have declined from before Greco-Roman gauges. Be that as it may, Riegl contended that the improvement of a â€Å"optical† method of portrayal in the late Roman time frame showed, for instance, in the play of light and shadow in the profoundly cut stone casket reliefs-really arranged the ground for exceptionally spiritualized Christian work of art and at last for the romanticizing and abstract specialty of present day Europe. (Riegl 2004) The agent piece from this period is the Triumph of Dionysos and the Seasons (Fig. 5). This piece returns us to funeral home work, however particularly from the former three-carries us to the principal work that doesn't concern everyday individuals. Cut in high help, Dionysos rides a jaguar and is flanked by four youngsters exemplifying the Seasons. Moreover, other mythic figures, for example, Mother Earth and a Nereid, complete the process of rounding out the stone coffin. It’s significant the solid connections between Riegl’s attestation about the play of light and the ascent of the abstract. There is an extension from riddle as a component of light and shadow (visual play) to secret as visual and strict romanticizing; comparably, there is a scaffold from puzzle as close to home response to secret in abstractly experienced workmanship (instead of craftsmanship that requires some response or position). The name â€Å"Sky Cathedral† introduces or sets someone up to encounter the piece, and the piece is suggestive, even with no human-type figures. On the other hand, the once-censured strategies apparent in the high-alleviation are not free of the mythic-story components on it. Obviously, the undeniable subsequent stage is to begin putting Sky Cathedral in discussion with form that has ascended after the ascent of the abstract and that has moved past portrayal. It’s well worth asking what-beside Nevelson’s challenging should make somebody separate her from Dada, Surrealism, and so on. The main applicant is Duchamp’s changed readymade, Bicycle 1913/1951 (Fig. 6). One may ignore Picasso’s utilization of discovered items, utilized as frequently as they were for illustrative pieces, yet why shouldn’t one think about Duchamp and Nevelson related spirits? The main answer, in experiential terms, is the beast scholarly power of readymades, contrasted with Nevelson’s work-the most ideal approach to clarify that is tor allude to the main semiological gadget of Krauss’s â€Å"The/Cloud/. In this article, Krauss refers to Hubert Damisch’s Theorie du/Nuage/, which utilizes a viewpoint seeing machine made by Brunelleschi as a state of takeoff, first to refer to/cloud/as a marker embedded †¦between those two planes of the point of view apparatus†¦slipped into the development as if it were measurable†¦but which gave the lie†¦to this†¦possibility of definition†¦Perspective was hence comprehended from the firs t to involve architectonics, of a structure worked from delimited bodies (Krauss 1992) In the event that, to this establishing of point of view and discernment, one can include Breton’s meaning of readymades as made items raised to the nobility of masterpieces through the decision of the craftsman, the issue turns out to be clear. Duchamp’s readymades are objective arranged works, works that live by the putative volition of the craftsman; in this way, there is nothing applied slipped between the two planes above-everything declares itself. On the other hand, from the outset a physical and afterward a

Friday, August 21, 2020

Essay Writing Software Can Improve Grades

Essay Writing Software Can Improve GradesWhen writing an essay on how to remember someone who passed away, it is important to understand that all essay samples are not created equal. Finding the right essay writing software can make the difference between a good grade and a poor grade on the essay.Writing essays is a large part of anyone's education. Writing papers or essays requires the use of several different parts of the brain. Most of the time, students are studying to learn about certain things, but they may also be learning by writing in their own way.Students that write well do so by writing down everything that comes into their mind when they are writing a paper. Most people know to use the top half of their brain when they are reviewing a paper. When writing an essay, students must figure out what to write and then write it as accurately as possible. This takes the use of the left side of the brain as well as the right side of the brain.Many students do not realize that the y need to use both sides of their brains when they are writing an essay. There are some essay writing software programs available that will allow students to use the computer without any distractions, which helps prevent students from getting lost in their thoughts. This allows students to concentrate on their writing instead of wandering to and fro in their minds.Using two computers and just one student, can help students use their entire brain. This helps students keep their concentration and even with people who know that they are studying are not able to catch up to the student and steal his or her essay. If a student has a computer and a notebook, using an essay writing software is a great idea. This allows students to have both a notebook and a computer.The best way to start writing an essay is to take a few minutes and set aside time for the student to get back into his or her own writing routine. Having some time to get out of the chair and sit down in front of the computer will help a student to start writing immediately after he or she is done with his or her allotted time.Writing an essay on how to remember someone who passed away can be very difficult, but keeping a notebook can help a student to use his or her memory use more efficiently. A student should write down what comes into his or her mind when he or she is writing a paper. Writing down all of the information that comes into the student's mind, helps him or her to focus on writing his or her essay and concentrate on the specific sections. This is the best way to start an essay, so a student can get the best grade possible when writing his or her own essay.Essay writing software can make all of the difference in a student's grade when writing his or her own essay. When writing a paper on how to remember someone who passed away, a student should keep in mind that the brain has two sides that work at the same time, allowing them to work together. These two sides of the brain can help a studen t uses his or her full memory for studying.

Monday, May 25, 2020

An Age Of Mass Migration And International Terrorism

In an age of mass migration and international terrorism, the intersection of liberty and equality while also pursuing domestic security and efficiency is a major concern. The ability to untangle these forces is critical to national identities and to resolving contradictions between these principles in order to strengthen the values of justice. The values of liberty, equality, security and efficiency have different weights, but all of these have come to characterize the modern state, have guided the formation of domestic public policy and continue to constitute the criteria by which policy success is judged. This paper aims to outline the national policy objectives and the value-oriented solutions of societal problems like the ones mentioned above. Since September 11 2001, the type of terrorist attacks which have emerged have begun to have major ramifications on how states are able to aspire to the ideals of liberty, equality, security and efficiency. States have changed the way they conduct policy and focus on efforts to face the challenge of how efforts to increase security may have curtailed citizens’ liberties (Haubrich, 400). The anti-terrorism strategies and tactics that democratic states have employed in order to neutralize terrorist threats have varied widely. Some have been reactive, others proactive or preventative. However, all measures have been concerned about the trust citizens have in those in power and the legitimacy of their rule as well as protectingShow MoreRelatedThe Profiling Of Muslims At North American Borders1564 Words   |  7 Pagesat the North American Borders Akindeji Kehinde 1001374764 Tuesday, November 14th, 2017 SOC209 - LEC0201 Introduction Following the tragic events of 9/11 by Islamic extremist group named Al-Qaeda, produced widespread fear through terrorism and ever since border security in North America has been on high alert (Schwartz 2010). Muslims face the most problems when it comes to immigration because of the ‘war on terror. Even though many of these individuals are innocent, society labelsRead MoreThe United States Intervention With Terrorism1081 Words   |  5 PagesTerrorism, in a modern day perspective, has been molded as a Middle Eastern threat to Western Civilization; although the whole idea of terrorism itself has existed for ages. Undoubtedly, â€Å"The War on Terror,† is a western form of saying to depict the general aspect of terrorism. Through all aspects of the world, terrorism, is defined as an act of unruly and warlike tactics that mainly creates harm to civilians. Usually, these acts of violence are not simply for the use of harming citizens, but toRead MoreThe Impact of Climate C hange Upon Australia Essay3661 Words   |  15 Pageschange include heightened internal and cross-border tensions caused by large-scale migrations; conflict sparked by resource scarcity and increases disease proliferation. The research draws attention to scarce natural resources becoming increasingly attractive terrorist targets. Potentially any interference of Australian water supplies could cause serious injury, death and economic chaos. These potential acts of terrorism illustrate the need to take action against climate change, as does the increasedRead MoreGlobalization : The Transition Of Human Society Into The Third Millennium 1744 Words   |  7 Pagesas a positive implication for societies as it has led to a rapid increase in multiracialism. Multiculturalism is diversity of two or more culture in some region or country, and it implies a positive endorsement of cultural endorsement. Due to the migration of people across the globe, the immigrants in turn, bring with them their culture, language and religion. Multiculturalism should be celebrated, as it fosters cross cultural tolerance and a sense of understanding, as opposed to the ignorance thatRead MoreThe Successes and Failures of the Mission 1135 Words   |  5 Pagescitizens and the elite group , and (2) more importantly, Libya was the first country that the United Nations had enforced the law of intervention, spearheaded by the U.S. and their allies. The revolution in Libya considerably awoke the attention of international community, particularly that of great powers. The military intervention into Libya is said to use â€Å" all necessary measures to stop bloodthirsty attacks of Gaddafi and protect civilians. They had limited successes in terms of putting an end toRead MoreCuases Impact of Rural - Urban Migration from District Swabi to Peshawar14595 Words   |  59 Pagesabstract MIGRATION IS THE MOVEMENT OF HUMAN FROM ONE PLACE TO ANOTHER. THERE ARE TWO TYPES OF MIGRATION. ONE IS EXTERNAL MIGRATION AND OTHER IS INTERNAL MIGRATION. MIGRATION OF PEOPLE FROM RURAL AREA TO URBAN AREA IS INTERNAL MIGRATION. AS A RESEARCHER WE HAVE TRIED TO EVALUATE CAUSES AND IMPACT OF RURAL-URBAN MIGRATION FROM SWABI TO PESHAWAR. THE RESEARCH IS CONDUCTED UNDER THE FOLLOWING OBJECTIVES: (I) TO KNOW ABOUT VARIOUS SOCIO-ECONOMIC CAUSES OF RURAL-URBAN MIGRATION. (II) TO HIGHLIGHT POLITICALRead MoreHuman Trafficking And Its Effects On Society2095 Words   |  9 Pages Villages in South China are drained of people. Young men are absent in some parts of Mexico. Northern Thailand has communities where there are no women between the ages of fifteen and twenty-five. Thousands of women have disappeared due to sexual labor and trafficking in Moldova, Ukraine, and Russia. There are people around the world suffering from psychological damage, PTSD, anxiety, flashbacks, fear, insomnia, depression, sleep disorders, panic attacks, self-blame, and suicidal thoughts. Men andRead MoreIs Trump s Xenophobic Rhetoric And Propagandizing Helped Win Him The Election? Essay1782 Words   |  8 Pagesof Japanese Americans during World War II. He also claimed he would send Syrian refugees already accepted into the U.S. back to Syria if made President, saying â€Å"I m putting the people on notice that are coming here from Syria as part of this mass migration, that if I win, if I win, they re going back (Obeidallah, 2015). Trump has also made statements that he would con sider requiring Muslim-Americans to register with a government database and order them to carry special identification that denotesRead MoreClinical Problems Associated With Measles Locally And At Large1903 Words   |  8 Pages EBHOHIMEN EMMANUEL 01140928 TRIMESTER 8 CLINICAL PROBLEMS ASSOCIALTED WITH MEASLES LOCALLY AND AT LARGE. TABLE OF CONTENTS Introduction Definition of terms Epidemiology. Risk factors Clinical problems causing local and international set-backs in the race to eradicate measles Successful elimination stories Conclusion References. DEFINITION OF TERMS INFECTION: The penetration and establishment (proliferation) of a pathogen (virus, bacteria, prion) in an organism. VIRUS:Read MoreBritain s Historic Relationship With The Eu Essay2202 Words   |  9 Pagesrelationship with the EU, we will then discuss what Brexit is, how it happened and why. We will be focusing on four particular factors which are argued to have been decisive and divisive in the Brexit referendum such as globalisation, trade, security and migration, all of which are political issues currently challenging the EU and society as a whole. Britain has had a historically contentious relationship with the E.U., 1961 saw Britain’s application to join the E.U., which due to the unique relationship

Friday, May 15, 2020

The essay is about the pros and cons of various economic...

In a public enterprise economy, the government has the power to nationalize any or all industries which can lead to devastating consequences. One the countries famous for doing this was the Soviet Union. Joseph Stalin, the then dictator of the Soviet Union instituted two domestic policies that would eliminate any capitalism in Russia. He would institute rapid industrialization and the collectivization of agriculture.This would be known as the Five Year Plan. Stalin wanted to change all private owned farms into state owned farms as he thought this would improve agricultural productivity. This grain was then expected to feed all the urban workers and any surplus would pay for programs and factories related to industrialization. He would put†¦show more content†¦In todays world technological companies like Sony, Philips, JVC, Panasonic and others seem to be competing the most among The computer industry is definitely one of those sectors in which the majority of this competitio n takes place. Companies like Dell, Intel, Alienware,Sony,HP and many others are always trying to buy over new customers with all the new technology. In order to get all these customers, these companies are constantly producing something bigger and better so that the average person can afford it. In recent years Alienware has been offering very high end computers that are used almost strictly for computer gaming. There has also been Dell which offers nearly the same however some of the hardware that comes along with Dell PCs isnt as good as some of the parts on Alienware computers. However Dell has sold millions of PCs over the past few years and has nearly tripled the sales of Alienware computers. This is all due to the prices and service that both PC companies offer. Both provide two year warranties and around the clock technical support. The best Dell PC offers high quality video cards, lots of memory, speed and a monitor included for around two thousand dollars canadian. If you buy the PC off their internet site you receive an immediate 200 dollar discount as well as a free upgrade to a component such as a bigger monitor. The Alienware PC sells itsShow MoreRelatedOne Significant Change That Has Occurred in the World Between 1900 and 2005. 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Wednesday, May 6, 2020

Raising Minimum Wage Means Raising American Concern

The people were going crazy when they first heard President Obama proposal to raise the minimum wage hourly pay from $7.25 an hour to $10.10 an hour. These people think that they are going to get more money in their pockets with a higher hourly wage. These people are clueless. They do not know the consequences that come with raising the minimum wage. Many people that work a minimum wage paying job are teenagers and young men and women, but higher minimum wages would make it harder for these teenagers to find jobs because the employers would hire more skilled workers. Also, almost all minimum-wage jobs are entry-level jobs that provide unskilled workers the experience they need to become more successful in the future with their career. Another reason that raising the minimum wage is a bad idea is that it hurts small business owners. Small businesses are going to have to hire less people and create fewer jobs if the minimum wage is increased, because more the more money spent on wage s means less money spent on materials and other expenses. Finally, the Earned Income Tax Credit already works to lift Americans out of poverty, so raising the minimum wage would be useless. Instead of raising the minimum wage, companies should teach the employees techniques to use that will increase their knowledge and allow them to succeed in the future. The main problem with raising the minimum wage would be the increase the population of Americans that are unemployed. A higher minimum wageShow MoreRelatedA Brief Note On Raising The Minimum Wage1503 Words   |  7 PagesWage War Alternatives to Raising the Minimum Wage Minimum wage is a topic of considerable controversy and a significant source of economic stratification. Essentially, the minimum wage policy is what defines the baseline income of â€Å"low level† or â€Å"starting positions.† Here in the U.S. most individuals will at some point in their life hold a minimum wage position. According to the U.S. Bureau of Labor Statistics, about 58.5% of U.S. citizens were paid at hourly rates, and about 2.6 million workersRead MoreThe Economic Case For Raising The Minimum Wage927 Words   |  4 PagesThe Economic Case for Raising the Minimum Wage The United States is recognized for its economic opportunities. Thousands come to this country for the chance to improve economic stability and climb the social ladder – opportunities usually not available in their home countries. However, there has been increasing concern regarding American wages compared to the rise in the cost of living. Many of the lowest paid workers receive wages that is far much below the federal minimum provision as stipulatedRead MoreMiimum Wage and Power to the People1746 Words   |  7 PagesThree – Power to the people The third and final alternative minimum wage is to allow the local people in the community vote on a living wage. This alternative would put all the power in the hands of the people; allowing them to decide what is best for their neighborhoods. If the people are allowed to vote in such matters, they will be permitted to use their voice and at the very least express their concerns with the gaps in minimum wage and cost of living in their community. However, there are drawbacksRead MoreEssay A Minimum Wage Increase Will Stimulate the Economy1318 Words   |  6 PagesRoosevelt endorsed the federal minimum wage law in 1938 while the Great Depression was at its utmost insolvent position. Because at this point in time the economy was at its lowest, the sole purpose for its enactment was to keep the majority of Americans out of poverty and increase consumer demand. Following the 1960’s, the minimum wage has had a very gradual increase to the point where it is now at a standby. At this moment with a recession occurring, minimum wages have not brought any benefitsRead MoreWage Gap Between The Middle Class And The Upper Class1441 Words   |  6 PagesIntroduction Wage is a topic that is constantly covered in the media. One big issue is the growing wage gap between the middle class and the upper class. While minimum wage increases are considered a good method to reduce income inequality, they are controversial since many business owners and economists argue that they increase the unemployment rate. Impact of minimum wage on employment One concern that is commonly mentioned during the debate on raising minimum wage is the loss of employment asRead MoreThe Economic Impact of Raising the Minimum Wage1474 Words   |  6 PagesRoosevelt’s 1937 impassioned speech calling on Congress to help the one-third of Americans who were â€Å"ill-housed, ill-clad, and ill-nourished† heralded in the Fair Labor Standards Act of 1938 and with it a national minimum wage. Echoes of that speech are still heard today. Senator Edward Kennedy (1989: S14707), in his criticism of the most recent increases in the minimum wage, declared: The minimum wage was, as it should be, a living wage, for working men and women ... who are attempting to provide for theirRead MoreThe Issue Of Minimum Wage Essay853 Words   |  4 PagesThe issue of minimum wage is not a new one to our society, American’s have fought for minimum wage continuously since it was introduced by â€Å"President Roosevelt on June 25, 1938 as part of the Fair Labor Standards Act of 1938.† (Forbes) Workers have fought to keep the minimum wage in line with demand. It is important to remember that because this is such a heated debate, we are getting fed different information from different news sources, trying to scare us into believing one way or another.Read MoreMinimum Wage And The Wage965 Words   |  4 PagesMinimum wage continues to increase, but does it increase enough? Minimum wage right now in Florida is set at $8.05 but who can really live off that. It is absurd that the minimum wage has not increase since the 1960’s in real buying power. The reason for this statement is that the minimum wage in the 1960’s allowed people to buy more items then they could buy with the minimum wage in 2013. In Order have the same buying power as in the 1960’s the minimum wage in 2013 would need to be at least $9.84Read More Increasing the Minimum Wage Will Reduce Income Inequality Essay1252 Words   |  6 Pagesperson can maximize the American Dream on the minimum wage. -- Benjamin Todd Jealous No family gets rich from earning the minimum wage. In fact, the current minimum wage does not even lift a family out of poverty. -- Jon Corzine Income inequality has been a major problem facing American society for decades, but has recently become a major concern. I personally believe the major gap between the income of the rich and poor is a not just, but is not a major concern for the government andRead MoreWages For The American Worker Essay2526 Words   |  11 PagesHonest Wages for The American Worker Congratulations, you are hired! The four words that people long to hear. However, for many newly employed workers, their new job will not pay an income that will enable them to live comfortably. In 2015, the Bureau of Labor Statistics reported that 2.6 million Americans, or approximately 3.3 percent of all hourly paid workers earned wages at, or below the federal minimum wage. Since 2009, the federal minimum wage amount has remained stagnant. Bringing this number

Tuesday, May 5, 2020

Enforceable Undertakings Financial System of Australia

Question: Case analysis, This task is worth 25% of your final mark and is designed to: Encourage you to analyse and synthesise Corporate Law principles relating to the nature, formation of corporations and the key policy issues, Apply the concept of fiduciary duties, and improve your academic writing skills. Answer: The financial system of Australia plays a very important role in supporting the Australians' economic prosperity by investments, providing business and consumers with banking, insurance service, and superannuation. The financial system of Australia in the recent years has strongly grown, particularly post the compulsory superannuation introduction in the year 1992. There has been a growth in financial assets from around worth two years' of nominal gross domestic product[1] Of Australia in the year 1997 to in the year 2013 more than three times the nominal gross domestic product. Around Six Trillion Dollars, worth assets were controlled by the Australian Financial institutions in Australia in December 2014. The regulator of Australias financial markets, consumer credit and corporate is the Australian Securities and Investments Commission (ASIC). It tries to ensure that the regulation of the market is in a manner such that it is transparent and fair, supported by informed and confident consumers and investors. There are various responsibilities which have been given to it which include regulating approximately 5000 financial services licensees in Australia and 2.2 million companies.[2] A major role is played in the regulation of the Financial system of Australia by the ASIC along with the Reserve Bank of Australia and Australian Prudential Regulation Authority. ASIC's one of an essential responsibility is to ensure that the entities that are regulated comply with the legal obligation and the obligations that they are required to comply with under the Corporations Act 2001. There are a range of strategies which have been developed by the ASIC which aims at encouraging compliance that is voluntary and addresses any type of non-compliance. The strategies are that of investor and consumer education for making appropriate and informed choice at the time of dealing which financial services and products and money, communication of the ASIC's actions for informing the entities that are regulated with respect to the standards that are expected and the consequence they will have to face in the case such standards are not met and providing the regulated entities with guidance on how they can comply with the obligations.[3] In the situation of a regulated entity's non-compliance, enforcement action can be taken by ASIC for dealing with and deterring misconduct of any type. A investigation may be involved and commencing of proceedings that are civil in nature including seeking orders that are of civil penalty, conducting of investigation and taking a action that is criminal in nature (such as imprisonment), accepting an outcome that is negotiated including an enforceable undertaking also known as EU or taking actions that are administrative in nature such as imposing conditions on license, banning order. A graduated approach has been adopted by ASIC with less frequently used and more severe sanction employed for misconducts that are serious on the other hand EUs are responses to misconduct that are less serious in nature. An EU is basically an undertaking in writing which is given by an individual or a company to the ASIC that its operation will be taking place in a certain manner. There are broad range outcomes which the EUs can achieve, such as compensation of consumers by an entity, improvement in the process of compliance, service providing to be ceased either indefinitely or for a certain period, or undertaking of programs for specific education. An EU, contradictory to other alternatives of regulation, is a remedy that is relatively quick. In this, the results have more certainty as compared to court proceedings outcomes. The compliance culture of an organization can be changed potentially. An outcome may be reached which is either better than or comparable to that received in a court. It is not that an EU is alternative for the commencement of an action which is criminal in nature, and it is not in cases where there is fraud or misconduct that is deliberate or a conduct where recklessness level is high that this is used. It is generally when the ASIC gets to know of misconduct which is the potential of an entity that an EU arises. There might be the discussion which commences then between the entity and the ASIC regarding how the concerns of ASIC might be resolved. If in the opinion of the ASIC an EU would give a regulatory outcome that is effective on the said misconduct then the negotiations may be entered with the entity and an EU accepted from it.[4] There are 53 EUs which have been entered into by the ASIC between January 1st, 2012 and June 30th, 2014. The involved entities included big public companies, individual liquidators and auditors, credit providers and big banks and various institutions of finance. There are variety of conduct that these EUs are related with which include conducts that are deceptive or misleading by the financial institutions, company liquidators and auditors failures to carry out properly their functions and duties, advice that is not proper by financial advisers and the licensees of Australian financial services failure of supervising and monitoring their representatives that are providing financial services. Once the EU has been accepted, there will be compliance monitoring of the individual or entity by the ASIC of the undertaking often their being an independent expert's input. If there is no compliance by the promisor of the EU, then there would be enforcement by ASIC of undertaking generally in Australias Federal Court of the Supreme Court of the State. The AISC has Senior Executive Leaders who have the responsibility for most of the activities that the ASIC undertakes including that of accepting of an EU except where the matters are major then there would be an approval that would be required to be taken off the ASIC's Enforcement Committee of the Commission.[5] The Griffith and Cooney Committees recommended that there should be statutory powers which need to be given to the ACCC for accepting undertaking which can be enforceable legally.[6] Thus in accordance with the recommendations of this committee, there was introduction of provisions in the system for formalizing and legitimizing the agreements that were entered between the alleged offender and the ACCC.[7] A promise that is enforceable in court is an enforceable undertaking.[8] The form of a settlement is undertaken by it in which the offender (allegedly) who can be termed as the promisor and the regulator, for the purpose of this essay the ASIC, begin their negotiation on the breach that has been alleged. It can be alternatively stated that an enforceable undertaking is an alternative dispute resolution's form.[9] An increasing number of Australian regulators have been made available to this court enforceable undertaking. Post the enactment of the Trade Practices Act 1974 (Cth.) of the section 87B the first regulator became the Australian Competition and Consumer Commission (ACCC) for being able to use such sanctions.[10] The Australian Securities and Investments Commission Act 2001 (Cth) enacted a provision that was similar which is section 87B. The ASIC was given the power under section 93A and 93 AA of this act to accept enforceable undertakings. It may accordingly be argued that an enforceable undertaking enables the parties to reach a resolution that is appropriate and more flexible as compared to the order of the court since Section 93 A(1) and 93 AA(1) of the said Act gives the ASIC powers that are wider for accepting enforceable undertaking that is enforceable by courts than that which the court gave when it gives orders or allows directly undertaking.[11] This latitude has some judici al support. In the case of Medibank Private Ltd v Cassidy,[12] It was held by the court that compensation cannot be order by it for the parties that are not a part of the proceedings. However, there are various EUs that the ASIC often accepts for providing compensation or refunds since the corrective action is one of the aims of the EUs. Since an EU does not confine to what is ordered ordinarily by the court, the legislative gaps may also be remedied by such sanctions. It is essential to keep in mind that alleged offense that amounts to enforceable undertakings can cover areas of law that are very wide. In the case of ASIC v. Edwards[13] The court opined that the wide interpretation of the words in connection with' that is there in the ASIC Act in Section 93 AA. This amounts to the fact that there may be acceptance by ASIC of undertakings on any kind of breach of law till the time the beach is in connection with the powers of ASIC. The statement in connection' was given a furthermore operational wider scope in the case of Berry v. Federal Commissioner of Taxation by Kitto J. as a requirement of a relationship that is substantial in a business sense that is practical.[14] There is no immediate causal relationship which is required by this test. A report was released by the Senate Economics Reference Committee in the year 2014, June on the ASICs performance inquiry.[15] The Committee in this report recognized the good work which had been done by ASIC in an environment which was challenging. However, it also raised various concerns on ASIC's performance including the manner in which the EUs are being used by it. There were 61 recommendations that were contained in this report by the Committee which aimed at the enabling of the ASIC to ensure that its responsibilities are fulfilled in a more effective manner.[16] It also raised concerns about the enforcement of the decisions of ASIC and in particular the use of the EUs. The issues in summary, raised in its submissions and which the Committed highlighted, included the terms strength which have been included in these EUs;; the EUs use as remedy for misconduct by entities that are larger; the clarity in manner in which the alleged misconduct are described in these issues; and the transparency when it comes to regulating the EUs compliance. A recommendation was included in the report that a performance of Audit by the Auditor-General of the use of EUs by ASIC should be undertaken.[17] There is a valuable role which is played by EUs as ASIC's one of the regulatory responses suite and the overall enforcement approach that ASIC takes. They are necessary particularly for addressing those misconduct which area less severe in nature and where there is co-operation from the promisor. There has in general been an efficient administration of the EUs by the ASIC which has been accepted and negotiated. For each significant step there has been an EU process that is sound: acceptance of EU as the most apt tool for regulation; terms inclusion in the undertaking that in the most suitable manner take care of the misconduct; and ensuring and monitoring that the conditions are followed through and addressing any type of non-compliance which is identified. There, however, is a considerable amount of scope still for improvement of EUs and ensuring that the decisions of EU and processes that support it and monitoring of compliance. The ASIC, also, does not report or measure the EUs ef fectiveness in achieving the outcomes of the regulatory process that had been intended, including the increase in the level of compliance that is voluntary. The stakeholders, including the Parliament, would be informed better of the regulations of ASICs effectiveness if there were reporting and measurement of the performance which has improved. There has been consistently acceptance of EUs by ASIC on these entering into EUs by ASIC it needs to verify that there is transparency and that it is by the procedures and policies. It also needs to be ensured that ASIC had a solid ground for the inclusion of terms that are particular to each EU with the terms that were generally aligning to the EUs which are for the non-compliance by entities. References ASIC, "Annual Report 201314" (2014) Discussion Paper(EPA Victoria, 2008) Enforceable Undertakings(EPA Victoria, 2008) Fluehr-Lobban, Carolyn, "Guiding Principles Over Enforceable Standards" (2009) 50Anthropology News Johnstone, Gerry and Daniel W Van Ness,Handbook Of Restorative Justice(Willan, 2007) Johnstone, Richard and Christine Parker, "Enforceable Undertakings In Action: Report Of A Roundtable Discussion With Australian Regulators"SSRN Electronic Journal Khodabakhshi, Mohammad and Kourosh Aryavash, "The Cross-Efficiency In The OptimisticPessimistic Framework" [2016]Operational Research Nehme, Marina, "Enforceable Undertakings In Australia And Beyond" (2016) 8Australian Journal of Corporate Law Parker, Christine, "Restorative Justice In Business Regulation? The Australian Competition And Consumer Commission's Use Of Enforceable Undertakings" (2004) 67Modern Law Review Senate Economics References Committee, "Performance Of The Australian Securities And Investments Commission" (2014) Australian Securities and Investments Commission v Edwards[2004] NSWSC Berry v Federal Commissioner[1953] 89 CLR 653 Medibank Private Ltd v Cassidy[2002] FCAFC ASICS Strategic Framework(2014) https://download.asic.gov.au/media/2309568/strategicframework_nov2014_online_accessible.pdf Enforceable Undertakings(2016) SafeWork NSW https://www.safework.nsw.gov.au/law-and-policy/enforcement/enforceable-undertakings Enforceable Undertakings(2016) SafeWork NSW https://www.safework.nsw.gov.au/law-and-policy/enforcement/enforceable-undertakings Nehme, Marina,--- "Enforceable Undertaking: A Restorative Sanction?" [2010] Monashulawrw 19; (2010) 36(2) Monash University Law Review 108(2016) Austlii.edu.au https://www.austlii.edu.au/au/journals/MonashULawRw/2010/19.html Nehme, Marina,"Enforceable Undertakings: A New Form Of Settlement To Resolve Alleged Breaches Of The Law" [2007] Uwslawrw 4; (2007) 11(1) University Of Western Sydney Law Review 104(2016) Austlii.edu.au https://www.austlii.edu.au/au/journals/UWSLawRw/2007/4.html Statistical Tables: Assets Of Financial Institutions(2016) https://www.rba.gov.au/statistics/tables/xls/b01hist.xls [1] Statistical Tables: Assets Of Financial Institutions (2016) https://www.rba.gov.au/statistics/tables/xls/b01hist.xls. [2] ASIC, "Annual Report 201314" (2014). [3] ASICS Strategic Framework (2014) https://download.asic.gov.au/media/2309568/strategicframework_nov2014_online_accessible.pdf. [4] Marina Nehme, --- "Enforceable Undertaking: A Restorative Sanction?" [2010] Monashulawrw 19; (2010) 36(2) Monash University Law Review 108 (2016) Austlii.edu.au https://www.austlii.edu.au/au/journals/MonashULawRw/2010/19.html. [5] Marina Nehme, "Enforceable Undertakings: A New Form Of Settlement To Resolve Alleged Breaches Of The Law" [2007] Uwslawrw 4; (2007) 11(1) University Of Western Sydney Law Review 104 (2016) Austlii.edu.au https://www.austlii.edu.au/au/journals/UWSLawRw/2007/4.html. [6] Discussion Paper (EPA Victoria, 2008). [7] Enforceable Undertakings (EPA Victoria, 2008). [8] Richard Johnstone and Christine Parker, "Enforceable Undertakings In Action: Report Of A Roundtable Discussion With Australian Regulators" SSRN Electronic Journal. [9] Christine Parker, "Restorative Justice In Business Regulation? The Australian Competition And Consumer Commission's Use Of Enforceable Undertakings" (2004) 67 Modern Law Review. [10] Marina Nehme, "Enforceable Undertakings In Australia And Beyond" (2016) 8 Australian Journal of Corporate Law. [11] Mohammad Khodabakhshi and Kourosh Aryavash, "The Cross-Efficiency In The OptimisticPessimistic Framework" [2016] Operational Research. [12] Medibank Private Ltd v Cassidy [2002] FCAFC. [13] Australian Securities and Investments Commission v Edwards [2004] NSWSC. [14] Berry v Federal Commissioner [1953] 89 CLR 653. [15] Senate Economics References Committee, "Performance Of The Australian Securities And Investments Commission" (2014). [16] Gerry Johnstone and Daniel W Van Ness, Handbook Of Restorative Justice (Willan, 2007). [17] Enforceable Undertakings (2016) SafeWork NSW https://www.safework.nsw.gov.au/law-and-policy/enforcement/enforceable-undertakings.