Tuesday, November 26, 2019
Excel workbook Essay example
Excel workbook Essay example Excel workbook Essay example Tom Hopkins Akin 12/8/13 The Twinkie Failure, and How to Fix it Whatââ¬â¢s the problem? My article, ââ¬ËHostess Twinkie Defense is a Management Failureââ¬â¢, spoke about the problems with Hostessââ¬â¢ approach to staying relevant and why their collapse was completely the managers fault. By discussing primitive cost-cutting techniques, the failure to adapt, and the managersââ¬â¢ inability to take blame, this article sheds a light on the primary influencers of the failure. The main problem made was the firmââ¬â¢s inability to adapt to the changing tastes of the market and their ineptitude of successfully marketing their products. Why did the Problem occur? This problem occurred for many reasons, as virtually no major problem has one cause. That being said, the main causes of this failure have to do with not being able to adapt to the market and act accordingly to the changes. By sitting back and only attempting to cut back on costs and work with a small margin of error the company left themselves very vulnerable to market shifts. The article compares Hostessââ¬â¢ problem to Searsââ¬â¢, which went through a similar problem -23 straight quarters of declining sales (Hartung)- of an inability to adapt. What is my Remedy? After reading through this article and looking at other examples found online I have developed some ideas and have come up with a remedy of my own to fix Hostessââ¬â¢ problems, and prevent them from coming back. As I have learned in all of my classes with Akin is that you need to know your customer base and be able to keep up with their ever-changing needs. I would devote more money to market research and hold more focus groups so that I could
Friday, November 22, 2019
Leading a Book Club Discussion Session
Leading a Book Club Discussion Session Whether you are an outgoing extrovert or the shy one in the group, you can lead your book club in an engaging discussion by following these few simple steps. What to Do Before the Meeting Read the book.à This may seem obvious, but it is the most important step, so it is worth stating. It is a good idea to plan on finishing the book a little earlier than you might otherwise so that you have time to think about it and prepare before your book club meets. If you get to pick the book, here are some recommendations for engaging booksà that are likely to promote discussion. Write down important page numbers (or bookmark in your e-reader).à If there are parts of the book that made an impact on you or that you think may come up in the discussion, write down the page numbers so that you can access the passages easily while preparing and leading your book club discussion. Come up with eight to ten questions about the book.à There are some general book club discussion questions that should work on most books, especially popular selections and bestsellers. Print them out and you are ready to host. You can also come up with your own questions using the tips below as a guide. What to Do During the Meeting Let others answer first.à When you are asking questions, you want to facilitate discussion, not come off as a teacher. By letting others in the book club answer first, you will promote conversation and help everyone feel like their opinions matter. Its important to note that sometimes people may need to think before they answer. Part of being a good leader is being comfortable with silence. Dont feel like you have to jump in if no one answers immediately. If needed, clarify, expand or rephrase the question. Make connections between comments.à If someone gives an answer to question 2 that connects well with question 5, dont feel obligated to ask questions 3 and 4 before moving to 5. You are the leader and you can go in whatever order you want. Even if you go in order, try to find a link between an answer and the next question. By connecting peoples comments to the questions, youll help build momentum in the conversation. Occasionally direct questions toward quiet people.à You dont want to put anyone on the spot, but you want everyone to know their opinions are valued. If you have a few talkative people who always jump right in, directing a question to a specific person may help draw out the quieter people (and give the more animated people a hint that its time to give someone else a turn). Rein in tangents.à Book clubs are popular not only because people like to read, but also because they are great social outlets. A little off topic conversation is fine, but you also want to respect the fact that people have read the book and expect to talk about it. As the facilitator, it is your job to recognize tangents and bring the discussion back to the book. Dont feel obligated to get through all the questions.à The best questions sometimes lead to intense conversations. Thats a good thing! The questions are there simply as a guide. While you will want to get through at least three or four questions, it will be rare that you finish all ten. Respect peoples time by wrapping up the discussion when the meeting time is over rather than pushing on until you finish everything you planned. Wrap up the discussion.à One good way to wrap up a conversation and help people summarize their opinions of the book is to ask each person to rate the book on a scale of one to five. General Tips When writing your own book club discussion questions, avoid questions that are too general, like What did you think of the book? Also, avoid questions that have simple yes or no answers. You want to ask questions that are open-ended and help people talk about themes and how the book relates to deeper issues.Do not make dismissive statements toward other peoples comments. Even if you disagree, take the conversation back to the book rather than saying Thats ridiculous, etc. Making people feel embarrassed or defensive is a sure way to shut down the conversation.
Thursday, November 21, 2019
The effect of liquidity risk on carry trade returns Thesis
The effect of liquidity risk on carry trade returns - Thesis Example isk caused by huge volatility in financial market can lead investors or speculators into operating with extremely high margins that could eventually compel traders to scale down or totally halt their positions to avoid currency crash; (iv) finally, liquidity risk can lead to a drastic reduction in investorââ¬â¢s expectation for gains, which invariably helps to correct the violation of Uncovered Interest Rate Parity (UIP) normally referred to as ââ¬Å"forward premium puzzleâ⬠(Brunnermeier and Pedersen, 2009). In this paper, qualitative research methodology is employed by scrutinizing related literature. Any observable limitations in this study stem from the body of literature consulted in the course of preparing this research, and attempts are made to restrict the subject-matter only to liquidity risk and its effects on carry trade returns. The financial crisis that has recently hit the global economy has highlighted an important concept that has long been ignored by economists, policymakers and other stakeholders in the industry: the importance of liquidity in the health of financial systems. According to Ben Bernanke, chairman of the Federal Reserve System, the ââ¬Å"weak liquidity risk controls were a common source of the problems many firms have faced" (Bernanke, 2008). But it was only after the financial meltdown in 2007-2008 that it was acknowledged and sufficiently recognized by the industry. The financial speculators have long operated with such greed that eventually resulted to the vulnerability of the financial and banking industry with the gigantic risks that have been accumulated, which is unprecedented in modern history (Froot, 2001). The practices of unwinding of investorsââ¬â¢ positions, higher liquidity risk, higher margins and the consequent low returns have eventually created the volatility in the financial market. An investigation on the liquidity issue and its effect on all financial markets are quite comprehensive and so, for this paper, I would be
Tuesday, November 19, 2019
Questions and answers Assignment Example | Topics and Well Written Essays - 750 words
Questions and answers - Assignment Example Shiva is both destructive and reproductive. It holds the life cycle which includes the death, birth and rebirth. Vishnu is considered as the guardian of the world, preserver and restorer of the morality. However, Devi is considered as a supreme being among all the Hindu gods, she has been considered as the creator of Brahman. And the supreme power holder among all the other gods. 6) Guru Nank was born in Indian sub continent where two main religions conflicted in their diversities. He was born in a Hindu family but due to his work experience with Muslims was familiarized with their traditions, norms and customs as well. He created a new religion, fusion of Islam and Hinduism, where one didnââ¬â¢t worship idols and all the human beings were considered equal. The existence of one god and the traditional Japji Hymn were the idea of peace with one self. 7) Freedom is in the way a person lives life with his family and keep peace among them and not the ascetic way of life. Guru Nank and his nine successors worked on establishing the core of it by keeping three elements in mind, the religious dilemma of the continent, Sikhism surveillance and Punjabââ¬â¢s society (family life). The five Kââ¬â¢s uncut hair, a short sword, breeches, a comb for topknot and a wrist ring are compulsory for Khalsa. These are the most visible symbols of a Sikhs. 8) Guru Granth Sahib defines the pattern of life lived by Gurus. Thus, it tells what tradition, practices and rituals to follow and which to leave. It guides to live a life of accuracy and virtues. It specifically signals towards the recitation of holy hymns as a part of faith. 9) Confucianism, the oldest Chinese rational and moral living style is based on humanism. Its main idea is that humans can learn, change, adapt through self effort and evaluation. It beliefs in one godââ¬â¢s existence and interpersonal
Saturday, November 16, 2019
Define an SLA and state why it is required in a risk adverse organization Essay Example for Free
Define an SLA and state why it is required in a risk adverse organization Essay 1. This is a closed-book, closed-notes quiz. No reference material (including assignments and labs) will be permitted for use during the quiz session. 2. The quiz contains the following types of questions: * Short essay type 3. Place your answers in the space immediately following each question. Quiz Questions 1. Define an SLA and state why it is required in a risk adverse organization. A SLA is a service level agreement, which is a contract between the ISP and the company. A SLA gives the company an idea of how much time they will be without services, should something happen with the ISP. A SLA is important to a company in making recovery plans, knowing what critical systems need to be available for a continuance of business and formulation of disaster recovery. 2. Using the user domain, define risks associated with users and explain what can be done to mitigate them. The user domain has several riskââ¬â¢s involved, as people are involved and there is no way employees can be monitored without the use of CCTV. Social engineering a person trying to obtain information through malicious means. The greatest tool in mitigating risk in the user domain is training and reminders for users to be aware of their surroundings. No acceptable userââ¬â¢s policy, AUP, or lack of training employees on the correct usage of the network. User accounts left active, if the employee is terminated, and another employee has the log on credentials. Mitigation would to be disabling all user accounts upon termination. . 3. Using the workstation domain, define risks associated within that domain and explain what can be done to reduce risks in that domain. The use of USBââ¬â¢s or disk, the files could contain viruses and infect other files or applications on the network. No acceptable userââ¬â¢s policy, AUP, or lack of training employees on the correct usage of the network. The users staying signed into their accounts when leaving their desk. Session timeout would help with this risk, but training and follow up with need to be done as well. 4. List four compliance laws or regulations or mandates, and explain them. HIPAA- covers all healthcare industries and states all patient information must be encrypted in storage, transmissions, and restrictions on access to the information. SOX- cover all publically traded companies and require auditing of the accounting procedures of the business. The reports required by SOX are reported to the SEC. Access to the financial information is restricted and based on need to know. FISMA- covers government agencies and is to ensure all assets of the government are protected. Assets like information, operations and actual machinery are protected from hackers or internal threats. Guidelines to develop a security guideline for government agencies, requires regular audits. CIPA-Child Internet Protection Act- covers federally funded entitiesââ¬â¢ than provide internet services to individuals, schools and libraries. The Act requires content filters to be used to prevent children from being exposed to harmful content, pornography and illicit sites on the internet. 5. Define risk with a formula. Explain what each variable means. Risk= Threat x Vulnerability- Threat is any compromise in the network that can be used for malicious behavior, an example worm, or Trojan horse. Vulnerability- is a weakness in the software or OS of a network that can be exploited for malicious intent. The two multiplied equals a risk to the information, assets or intellectual property of a business.
Thursday, November 14, 2019
Like Water For Chocolate Character Descriptions :: essays research papers fc
Tita - The protagonist of the novel, Tita is the youngest daughter of Mama Elena, prohibited by family tradition from marrying so that she will be free to take care of her mother later in life. The novel follows Tita's life from birth to death, focusing mostly on her tortured relationship with Pedro and her struggle and eventual triumph in pursuit of love and individuality. Mama Elena - The tyrannical, widowed matriarch of the De La Garza clan. Mama Elena is the prime source of Tita's suffering. Her fierce temperament inspires fear in all three of her daughters. She keeps Tita from her true love, Pedro, and it is later revealed that Mama Elena herself once suffered from a lost love, embittering her for the rest of her life. Pedro - Tita's true love, and the eventual father of Roberto and Esperanza. Denied marriage to Tita by Mama Elena, he agrees to marry Rosaura, breaking Tita's heart. Nevertheless, he asserts his continued love for Tita throughout the novel and pursues her secretly. Pedro dies after he and Tita are finally blissfully united while making love at the novel's end. Rosaura - The second daughter of Mama Elena, Rosaura marries Pedro, much to the despair of Tita. Rosaura leaves the ranch when Mama Elena sends her and Pedro to San Antonio to keep Pedro and Tita apart. Her first child, Roberto, dies as an infant; her second, Esperanza, prohibited like Tita from ever marrying, weds Alex after Rosaura dies. Gertrudis - The eldest daughter of Mama Elena. Gertrudis escapes the ranch after reacting mysteriouslly to one of Tita's recipes. She runs away with a rebel soldier, works in a brothel at the Mexico-Texas border, and eventually returns to the ranch as a general in the revolutionary army. It is eventually revealed that Gertrudis is the offspring of a hidden, extramarital affair between Mama Elena and her true love, a mulatto man. Dr. John Brown - An American doctor who cares for Tita when she experiences a breakdown, and the father of Alex. John eventually falls in love with Tita and helps rehabilitate her soul, revealing to her the nature of the fire that resides in each individual. Tita becomes engaged to him, but eventually denies him marriage to pursue Pedro. Nacha - The ranch cook, of unspecified indigenous background. Nacha is the prime caretaker for Tita throughout her childhood, and provides her with the love and support that Mama Elena fails to give. She is also the source for most of the recipes in the novel. Nacha dies on the day of Rosaura's wedding but returns throughout the narrative as a spiritual guide
Monday, November 11, 2019
Arvo Part “Spiegel Im Spiegel”
Addam Farmer Materials of Modern Music 12/7/2011 Research Paper Final Arvo Part Spiegel im Spiegel Spiegel im Spiegel, originally written for violin and piano, is one of Arvo Partââ¬â¢s most influential compositions. At first listen, the composition sounds like a standard minimalist piece: it is in F Major, written in 6/4 time, and over 8 minutes long. The most important aspect of the piece lies not in the musical content itself, but in the way that Part uses that content. Arvo Part was an extremely spiritual human being, devoting even his music-making to his spirituality.His ââ¬Å"tintinnabuliâ⬠style was created with the intent to mirror the Biblical portrayal of Jesus Christ. ââ¬Å"On the surface it is calm, as was Christââ¬â¢s external acceptance of his inevitable role in the salvation of all humanity. Yet it bears an undercurrent of turmoil and desperationâ⬠¦Ã¢â¬ (Langager, pg. 61) Described in a practical manner, Partââ¬â¢s method of composing in the tint innabuli style involves hovering around the tonic triad in order to create a ââ¬Å"bell-likeâ⬠quality. In fact, the term tintinnabuli is the literal reference to the ringing of bells in Latin.Futhermore, the tintinnabular style of Part creates an effect ââ¬Å"in which a chord lingers in time until all of the elements of the triad have sounded. â⬠(Langager, pg. 29) Part goes on to explain another important aspect of his tintinnabuli style in an interview with the BBC: Tintinnabuli is the mathematically exact connection from one line to anotherâ⬠¦tintinnabuli is the rule where the melody and the accompaniment [or accompanying voice]â⬠¦is one. One plus one, it is one ââ¬â it is not two. This is the secret of this technique. It is clear that Partââ¬â¢s ultimate goal was to do as much as he can with as little as he had. His ââ¬Å"one plus oneâ⬠equals one philosophy can be blatantly heard in Spiegel im Spiegel. The literal German translation for Spiegel im Spiegel is ââ¬Å"mirror in the mirror. â⬠When listening to the piece with this knowledge, we can hear why Part gave the composition its title. The piece feels like an infinite amount of reflections like that created by a mirror in a mirror: the seemingly endless repetition of the tonic triad in the piano is responsible for this aural illusion.This falls exactly in line with Partââ¬â¢s description of tintinnabuli: that is, the emphasis of the triad over an extended period of time. The piano arpeggiates around this tonic triad for what seems like forever, which puts the listener into what Part would describe as a ââ¬Å"spiritualâ⬠trance. At about 15 seconds into the piece, a violin carefully makes its entrance. The violinââ¬â¢s simple part helps it to merge with the piano sequence, making true Partââ¬â¢s equation of ââ¬Å"one plus one equals one. â⬠The violin line consists of nothing but whole notes, and is completely devoid of syncopation.It is true that one can examine the piano and violin as being two mirrors: they are two different instruments, but when faced towards each other, they reflect the other and it becomes difficult to tell one from the other. Throughout Spiegel im Spiegel, the two different mirrors (the violin and the piano) reflect each other, portraying a sense of unity. While the violin line is extremely simple in its melodic content, the way Part expands upon the melody is unique and somewhat sneaky. The violin line begins by ascending from G to middle A. Then, it descends from B flat to middle A.Following that, it ascends from F to G to middle A. Basically, each time it ascends, at the last part of the sequence, the note ascends one step higher than it had the previous ascension. The same goes for the descending lines. Once the violin reaches the outermost note, it returns right back to A (the third of the key signature), without even touching another note before it. Part very obviously planned for this to ha ppen as it is pitch relationship in the violin is extremely ordered and mathematical. This trait can evade the listener easily ââ¬â I didnââ¬â¢t even notice it was happening until I took the violin line apart.Upon further analysis we hear that the piano begins by playing a second inversion F Major chord arpeggiation, repeated in an endless manner. This arpeggiation is modified throughout the piece, switching between root position and the inherent second inversion that happens when the left hand note fades out. Simply by inverting the chord, Part changes the feel of the key. Had he written the extended arpeggiation of the F major in root position the entire time, the composition would feel much more ââ¬Å"campyâ⬠ââ¬â it could have felt like a childrenââ¬â¢s song.Instead, inverting the arpeggiated chord in second inversion gives the music a deeper, more passionate quality. In addition, the chords in the piano necessarily mirror what the violin does in terms of its mathematical pitch sequences. The musical content and context of Spiegel im Spiegel is true to its title. The violin line gives off the illusory effect that it is static when it is actually extending its range, while the pianoââ¬â¢s endlessly-repeated second inversion F Major chord creates a wave of emotion.The violin and pianoââ¬â¢s juxtaposing-yet-unifying musical content give it the sense that we are hearing what a mirrorââ¬â¢s reflection of another mirror would sound like. Spiegel im Spiegel encompasses all things tintinnabular; that is, all things Arvo. Bibliography: Langager, Graeme. ââ¬Å"The Tintinnabuli Compositional Style of Arvo Part. â⬠British Colombia, Canada; Long Beach, California. 1997. Arvo Part & Anthony Pitt. BBC 3 Radio Interview. Royal Academy of Music, London. 2000.
Saturday, November 9, 2019
Development of the Bill of Rights
When the American colonies rebelled against Great Britain, the rebels gave their reasons in the Declaration of Independence. According to the Declaration, people have unalienable rights to liberty. ââ¬Å"The ideology of the revolutionary generation shaped the later American Bill of Rights. This revolutionary ideology combined and wove together both the natural rights of man and the historic rights of Englishmenâ⬠. The colonists emphasized natural rights and historic liberties as a result of their view of government.Government was potentially hostile to human liberty and happiness. Power was essentially aggressive. The rebellious colonists dealt with the problem of aggressive political power by several devices: separation of powers, an independent judiciary, the right of people to have a share in their own government by representatives chosen by themselves, and an insistence on the natural and historical rights and liberties of citizens reflected in revolutionary bills of rights of the several states. These concessions to slavery produced some protests.George Mason, delegate from Virginia and a leading advocate of a federal bill of rights, complained that delegates from South Carolina and Georgia were more interested in protecting the right to import slaves than in promoting ââ¬Å"the Liberty and Happiness of the people. â⬠Some framers rationalized the compromise with slavery on the assumption that the institution would soon die out. In truth, however, a compromise was made in the interest of the Union. While the framers compromised with slavery, they took steps to prevent its spread to new states.Particularly after the adoption of the Bill of Rights the Constitution reflected the Jekyll-and-Hyde character of the nation. The nation sought simultaneously to protect liberty and slavery. All in all, the Bill of Rights was adopted because of the fear of abuses of power by the federal government. It simply had no application to the states. The idea that the federal Bill of Rights protects liberty of speech and press, freedom of religion, and other basic rights from violations by the states has become commonplace, even for lawyers. Indeed, many Americans probably accepted this commonplace when careful lawyers knew it was not so.From 1833 to 1868 the Supreme Court held that none of the rights in the Bill of Rights limited the states. From 1868 to 1925 it found very few of these liberties protected from state action. Those the states were free to flout (so far as federal limitations were concerned) seemed to include free speech, press, religion, the right to jury trial, freedom from self-incrimination, from infliction of cruel and unusual punishments, and more. State constitutions, with their own bills of rights, were available to protect the individual, but too often they proved to be paper barriers.Most, but not all, scholars believe that the Supreme Court was right, at least as a matter of history, up to 1868. They believe, that is , that the founding fathers did not intend for the Bill of Rights to limit the states. In contrast to the English Bill of Rights of 1689, in which the powers of Parliament are protected against the encroachments of the monarch, the American Bill of Rights was created to protect the individual against the intrusions of the legislative and executive branches of the government.As James Madison expressed it, ââ¬Å"If we advert to the nature of Republican Government we shall find that censorial power is in the people over the Government, and not in the Government over the people. â⬠Nowhere in the Bill of Rights is this more sharply affirmed than in the words of the First Amendment: ââ¬Å"Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. ââ¬Å"Although nine of th e thirteen colonies had established churches, four did not (Rhode Island, Pennsylvania, New Jersey, and Delaware). By the time the First Amendment was adopted, however, only three states had an established church -Massachusetts, New Hampshire, and Connecticut. Of even greater significance is that no two states shared the same religious configuration with respect to its population. Not to be overlooked is that in the decade between the Declaration of Independence and the Constitutional Convention, numerous states had made declarations in support of religious freedom prior to the adoption of the Bill of Rights.In 1868 the Fourteenth Amendment was ratified. Beginning in the 1920s, the U. S. Supreme Court began to apply the Bill of Rights to states through a process now called the incorporation of the Bill of Rights into the Fourteenth Amendment. As originally passed, the Bill of Rights applied only to the federal government and not to state governments. The Fourteenth Amendment's equal protection and due process clauses clearly applied to the states. Through a series of lengthy cases, the Court engaged in a piecemeal process of interpreting the Fourteenth Amendment clauses to include the various freedoms protected in the Bill of Rights.In Near v. Minnesota (1931) the Supreme Court applied freedom of the press to the states. In this case, the city of Minneapolis tried to suppress the publication of scandalous, malicious and defamatory material in newspapers. A newspaper publishers association, fearing censorship, challenged the Minnesota law on the grounds of violation of freedom of press. The Supreme Court struck down the law by contending that it represented prior restraint of future issues. The most important freedom given to the press is freedom from prior restraint, the freedom not to be censored.The process of nationalizing the Bill of Rights through the Fourteenth Amendment continued in the area of free exercise of religion. In Hamilton v. Board of Regents (1934), the Court held that freedom of religion was protected by the First Amendment against invasion by the national government and by the states. This decision was confirmed in Cantwell v. Connecticut (1940). This case questioned the constitutionality of a Connecticut law which banned solicitation of money for religious or charitable reasons unless approved by the secretary of the public welfare council.This particular official had the authority to decide whether a fund-raising cause was truly a religious one. In a unanimous decision, the Supreme Court ruled that the statute violated religious freedom and the due process clause of the Fourteenth Amendment. From the critical standpoint, the Bill of Rights not only constitutionally protects individual rights of citizens, such as freedom of religion, peaceable assembly, right to keep and bear arms, trial by jury, but it also secures the entire system of American democratic values and implementation of democracy in reality.For instanc e, freedom of press, declared of in the First Amendment, does not mean only that ââ¬Å"Congress shall make no lawâ⬠¦ abridging the freedom ofâ⬠¦press. â⬠Considering the fact independent media is one of the pillars of modern democracy, this constitutional guarantee aims to secure democratic principles of the country. Moreover, the freedom of press implies automatically the absence of any censorship limiting the execution of freedom of speech, which is too declared in the First Amendment and similarly is to protect democratic principles.The Bill of Rights has been created not only to protect freedoms and liberties of American citizens on individual levels, but also to secure the position of a person before the government. For example, the Fifth Amendment provides that no person shall be forced in any criminal case to be a witness against oneself. At the same time, from my personal viewpoint, the fundamental importance of the Bill of Rights is its long lasting effect and its tremendous influence on American legislative and judicial system.Firstly, the Bill triggered the adoption by the Congress of several important acts protecting civil liberties like Civil Rights Act. Secondly, because the Bill is an integral and vital part of US Constitution, and thus the ultimate legal power, legislative and judicial system have been continuously improving constitutional doctrine on individual rights. For example, one can notice during 1960-70s the constitutional rights of public employees to freedom of speech and association, procedural due process, and equal protection have also been vastly expanded.Historically the Constitution has retained its flexibility because interpretations of its meaning have changed. Choosing between two or more sets of competing values, the Supreme Court has played a major role in maintaining this flexibility. A significant trend has been the extension of civil rights to the previously powerless. For instance, the involvement of the U. S. Supreme Court in civil rights for blacks is long-standing, dating back to issues from the days of slavery.In the Dred Scott case (1857), Chief Justice Taney ruled that no blacks, slave or free, were citizens, and that blacks had no citizenship rights (Hall, 38). In 1883, two decades after the Civil War and the official end of slavery, the Court ruled on five separate suits affecting the rights of blacks, and collectively called the Civil Rights Cases (1883). These cases arose in response to the Civil Rights Act of 1875 which prohibited racial discrimination in jury selection and public accommodations. In these cases, the public accommodations portions of the 1875 act were challenged.The Court recognized that the Fourteenth Amendment forbade discrimination by states but it made no mention of discriminatory acts committed by individuals. Since the Civil Rights Act prohibited discrimination by individuals and private businesses, the Court ruled that the act had overstepped congre ssional authority and was therefore unconstitutional. By the end of World War II, the Supreme Court had become more supportive of civil rights for blacks. It struck down the all-white primary in Smith v.Allright (1944), arguing that the Democratic party was in essence an agent of the state and was therefore subject to the Fifteenth Amendment. During the late 1940s and the 1950s, the Court followed the trends begun earlier of moving away from the doctrine of ââ¬Å"separate but equalâ⬠(Hall, 51). This may be seen in the cases of Sipuel v. Oklahoma (1948), Sweatt v. Painter (1950) and McLaurin v. Oklahoma State Regents (1950). In the Sipuel case, which was similar to the Gaines case, the Court ordered Oklahoma to provide a separate but equal law school for a black woman and stressed the need for equality in facilities.In Sweatt v. Painter, the state of Texas had established a separate black law school but it was inferior to the white law school at the University of Texas in the size of its faculty and the quality of its library and student body. The court ruled that the black law school had to be improved. The Court nearly overturned the ââ¬Å"separate but equalâ⬠doctrine in the McLaurin case in which Oklahoma had allowed a black student to attend a white graduate school but had segregated him from the rest of the students by designating separate sections of the library, cafeteria and classrooms for him.The Court struck down these segregation provisions, claiming that they interfered with the ability of the black student to exchange ideas with other students, a requisite for a good education. Although these cases fell short of invalidating the ââ¬Å"separate but equalâ⬠principle, they made segregation at the graduate school level more difficult to implement. Perhaps the most significant civil rights cases to aid blacks in the fight for equality were the two Brown cases in the 1950s.Brown v. Board of Education I (1954) arose as the result of a suit against Topeka, Kansas where Linda Brown, a black child, was not permitted to attend a segregated white school four blocks from her home. In Brown I, under the leadership of Supreme Court Chief Justice Earl Warren, the Court overturned the Plessy decision of ââ¬Å"separate but equalâ⬠in the public schools by declaring that the separate but equal doctrine made black children feel inferior. In Brown v.Board of Education II (1955), the Court ruled on how to accomplish desegregation, concluding that local school boards should establish plans for desegregation under the supervision of federal district judges and ââ¬Å"with all deliberate speedâ⬠. Despite these court rulings, southern school boards were slow to respond and avoided court orders by closing public schools and placing white children in private schools. Consequently, desegregation was only implemented very slowly.Women are not a minority but they have historically experienced legal discrimination based on th eir gender. The Supreme Court has played an important role in the expansion of rights for women. Overall the Court has been less important in the expansion of women's rights than it has been in the extension of rights to blacks and other racial minorities. A major reason for the less important role of the Court is that women's rights have mostly been broadened through legislation. Many women's rights cases addressed by the Supreme Court have been concerned with employment.Early court decisions followed a trend of protectionism and upheld restrictions on the nature and conditions of employment for women. In Bradwell v. Illinois (1873), the Supreme Court upheld a state law preventing women from practicing law. Not until the 1970s did U. S. Supreme Court rulings begin to move away from the restrictive, protectionist trend of the past. Reed v. Reed (1971) was the first instance of the Court striking down a state law which discriminated against women. Taylor v. Louisiana (1975) overturne d the precedent set in Hoyt v. Florida. Phillips v.Martin-Marietta (1971) ruled that employers could not discriminate against mothers of preschool children, despite fears that they might often miss work to care for their children. In Stanton v. Stanton (1975) the Court struck down a Utah law which required divorced fathers to support sons until they were twenty-one under the assumption that they would need support while being educated, while daughters had to be supported only until they were eighteen under the assumption that they would get married and be supported by their husbands. Beginning in the 1920s, the U.S. Supreme Court began to apply the Bill of Rights to states through a process now called the incorporation of the Bill of Rights into the Fourteenth Amendment. As originally passed, the Bill of Rights applied only to the federal government and not to state governments. The Fourteenth Amendment's equal protection and due process clauses clearly applied to the states. Throug h a series of lengthy cases, the Court engaged in a piecemeal process of interpreting the Fourteenth Amendment clauses to include the various freedoms protected in the Bill of Rights. In Near v.Minnesota (1931) the Supreme Court applied freedom of the press to the states. In this case, the city of Minneapolis tried to suppress the publication of scandalous, malicious and defamatory material in newspapers. A newspaper publishers association, fearing censorship, challenged the Minnesota law on the grounds of violation of freedom of press. The Supreme Court struck down the law by contending that it represented prior restraint of future issues. The most important freedom given to the press is freedom from prior restraint, the freedom not to be censored.In many cases the statements embedded in the Bill of Rights are impacted directly or indirectly through the process of governance in the United States. One of the most peculiar examples of this impact is adoption of the Uniting and Streng thening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, commonly known as the Patriot Act. This act significantly expands the power of the federal government to investigate, detain, and deport those people who the government suspects are linked to terrorist activity and other crimes.The Fourth Amendment of the United States Constitution requires the government to prove to a judicial officer that it has probable cause of a crime before it conducts an invasive search to find evidence of that crime or in exact words, this Amendment declares that ââ¬Å"the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable causeâ⬠¦Ã¢â¬ Before the enactment of the Patriot Act, if the primary purpose was a criminal investigation, the law enforcement officials had to first prove the higher standard of probable cause. Investigating criminal activity cannot be the primary purpose of surveillance. Now American society witnesses how one of the most fundamental statements of the Bill of Rights, particularly that one protecting individual freedoms from the state, is challenged.The change made by Section 218 of the Patriot Act authorizes unconstitutional activity by impinging on the Fourth Amendment protection that requires probable cause. Section 218 now provides law enforcement officials with a tool to avoid probable cause when conducting criminal investigation surveillance. The adoption of the Patriot Act has been triggered with the war the United States declared against terrorism. Interestingly, the same event, the war on terrorism, challenged another important element of the Bill of Rights, namely the due process clause of the Fifth Amendment, which states that ââ¬Å"no person shall â⬠¦ be deprived of life, liberty, or property, without due process of lawâ⬠¦.â⬠Practically, th is statement aims to secure individuals from unconstitutional exercise on the behalf of the government. Importantly, this article provides Americans with the right to be tried by unprejudiced courts with application of lawful procedures and laws. However, during the war in Afghanistan and Iraq, the US government intentionally deterred in prisons many prisoners of war (identifying them as terrorists) without court orders, indictments and further court hearings. Here one can notice the constitutional collision, in which the rights of the US government during wartime (including deterring of individuals without due process clause) challenges the statements embedded in the Bill of Rights. Works Cited Barnett, Randy E. ed., 1989. Ninth Amendment. supra note 29, at 18 Bailyn, Bernard. 1967. Ideological Origins of the American Revolution. Cambridge, Mass.: Harvard University Press. Ely, J. 1980. Democracy and Distrust. Cambridge, MA: Harvard University Press. Hall, Kermit L. 1989. The Magic Mirror. Law in American History, New York: Oxford University Press. Levine, James P. 1992. Juries and Politics, Pacific Grove, CA: Brooks/Cole Publishing Company. Madison, James. November 27, 1794. Republicanism. Speech in Congress. Annals of Congress 934. Nelson, William E. 1988. The Fourteenth Amendment: From Political Principle to Judicial Doctrine. Cambridge, MA: Harvard University Press. Schwartz, B. 1971. The Bill of Rights. A Documentary History. pp. 222-226. Wiecek, W.à 1976. The Sources of Antislavery Constitutionalism in America, 1760-1848. Ithaca: Cornell University Press. P. 74
Thursday, November 7, 2019
Understand Inappropriate Behavior, Suggestions for Teachers
Understand Inappropriate Behavior, Suggestions for Teachers Teachers confront bad or inappropriate behavior from students all the time. This may range from calling out answers to teasing to physical aggressiveness. And some students seem to thrive on getting a rise out of teachers with challenges to authority. Its important for teachers to understand the roots of these kinds of behaviors so as not to perpetuate or exacerbate them. Here are some fundamental ways to frame everyday inappropriate behaviors. The Importance of Interventions With so many students in classrooms these days, its tempting for a teacher to simply let poor behavioral choices go and spend as much time as possible teaching the lesson. But in the long term, this is not the wisest choice. While there are behaviors that, while poor, are age-appropriate (speaking out of turn, difficulties sharing materials, etc.), remember the message that accepting unacceptable behaviors sends to the student. Instead, use positive behavioral intervention strategies (PBIS) toà positively influence and curb the behavior in the classroom. Age-appropriate or no, inappropriate behaviors that disrupt the classroom will only get worse when we excuse them. Its important to take the time for interventions. Where Does Inappropriate Behavior Come From? It may be hard to understand where a students poor choices come from. Remember that behavior is communication, and students are trying to send a message with every action taken in the classroom. Four typical reasons for inappropriate behavior are: Seeking attention.à When a child cant get your attention, hell often act out to get it. Taking revenge. If for some reason aà child doesnt feel loved and seeks revenge for attention, she will feel important when she hurts others or hurts the feelings of others. Displaying power.à These children need to be the boss. They only feel important when they are the boss.à Power strugglesà may be daily occurrences with these students.à Displaying feelings of inadequacy.à These children usually have low confidence and self-esteem levels and give up quickly, thinking they cant do anything. They often lack a sense of doing something successfully. Understand the origin of these behaviors and decoding their messages gives you an opportunity. Once youve determined the goal of the inappropriate behavior, you are much more equipped to turn it around. Confronting Inappropriate Behaviors The PBIS method of dealing with inappropriate behavior may not be as intuitive as the punitive model with which many of us were raised. But it makes its own logical sense when we consider, again, that behavior is communication. Can we really expect to show students that their behavioral choices are poor when we respond in the same manner? Of course not. Keep these key concepts in mind: Always show respect. When you give respect, youll get it- eventually! à Model the behavior you want to see at all times. Encourage the child, boost their self-esteem, convey that you care about them. Reward them with attention when acting appropriately. Never engage in power struggles. Dont get angry. Do not retaliate (even in passive-aggressive ways).Recognize that ALL inappropriate behaviors are communication: your student wants your attention. Help her get it the right way. Read moreà aboutà specific interventions for a variety of behaviors.
Tuesday, November 5, 2019
ITIN para pagar impuestos y desgravar sin Seguro Social
ITIN para pagar impuestos y desgravar sin Seguro Social En Estados Unidos, elà ITIN es un nà ºmero de identificacià ³n fiscal. Es utilizado por extranjeros que no son elegibles para obtener un Nà ºmero del Seguro Socialà (SSN, por sus siglas en inglà ©s). ITIN significa Nà ºmero de Identificacià ³n de Contribuyente Individual, por su nombre en inglà ©s, y se utiliza con dos fines distintos. En primer lugar, para pagar impuestos por los ingresos obtenidos en Estados Unidos. Las leyes federales establecen la obligacià ³n de pagar impuestos paraà toda persona que recibe ingresos en el paà s sin que importe su estatus migratorio.à à En segundo lugar, el ITIN sirve para identificar a cà ³nyuges e hijos dependientes que no tienen SSN para que las personas que pagan impuestos puedan desgravar por esos familiares. En este artà culo se informa sobre los puntos bsicos del ITIN, quià ©nes pueden solicitar ese nà ºmero, cà ³mo se hace, cà ³mo se renueva y para quà © puede ser utilizado y para quà © no. à ¿Quià ©nes pueden solicitarel ITIN? Pueden solicitar el ITIN personas en distintas situaciones. Por ejemplo, los extranjeros que residen habitualmente fuera de Estados Unidos pero que estn obligados presentar sus planillas de impuestos federales. Por ejemplo, inversionistas o empresarios de otros paà ses que tienen dinero invertido o un negocio en EE.UU. Otro grupo que puede solicitar el ITIN es el de extranjeros no residentes en Estados Unidos que pueden solicitar un beneficio fiscal al amparo de un tratado internacional. Asimismo, otro grupo que debe solicitar el ITIN es el los estudiantes internacionales que viven en Estados Unidos por un tiempo suficiente para ser considerados como residentes a efectos fiscales. Es muy importante entender que esto no los convierte en residentes a efectos de inmigracià ³n, es decir, no por eso pueden obtener una tarjeta de residencia permanente. Sin embargo, si el IRS considera a un extranjero como residente a efectos de pagar impuestos, pues debe hacerlo. Otro grupo de personas para los que es conveniente tener un ITIN es el conformado por cà ³nyuges eà hijos dependientes de ciudadanos americanos o residentes permanentes legales que no pueden sacar la tarjeta del seguro social. Un ejemplo de esta situacià ³n es el caso de esposos u otros dependientes que viven habitualmente fuera de Estados Unidos. Es conveniente que esas personas tengan un ITIN cada uno porque de esta manera los ciudadanos y los residentes permanentesà pueden desgravar por ellos como dependientes cuando presentan la planilla la planilla de los impuestos. Asimismo, pueden solicitar el ITIN el cà ³nyuge y los hijos dependientes de las personas con una visa temporal. Un caso muy tà pico es el de la visa H-1B para profesionales y modelos que permite a cierto grupo de extranjeros trabajar en EEUU y estar acompaà ±ados en el paà s por su familia inmediata, pero estos no pueden trabajar ni obtener un SSN.à El camino para obtener posibles beneficios fiscales desgravando por dependientes a la hora de declarar ingresos es identificando con un ITIN a dichos dependientes. El ITIN es muy frecuentemente solicitado por los migrantes indocumentados. La razà ³n es que por ley estn obligados a pagar impuestos por sus ingresos en Estados Unidos, aunque no tienen permiso para trabajar legalmente.à Algunos migrantes sienten miedo porque temen que el ITIN puede ser utilizado por las autoridades migratorias para localizarlos pero esto no es asà . Segà ºn la Seccià ³n 6103 del Cà ³digo del IRS, las autoridades fiscales no estn autorizadas a proveer informacià ³n sobre quià ©n paga impuestos a ninguna otra agencia del gobierno.à Hay dos excepciones a esa regla. En primer lugar, cuando el Departamento de Tesoro investiga un posible fraude fiscal y, en segundo lugar, cuando existe una orden judicial para que el IRS revele esos datos porque se est realizando una investigacià ³n. Finalmente, tambià ©n pueden solicitar el ITIN personas en estatus migratorio legal pero que no pueden solicitar, por el momento, un SSN como, por ejemplo, algunas và ctimas de violencia domà ©stica. Informacià ³n bsica del ITIN El ITIN se creo en 1996 y es un nà ºmero compuesto por nueve dà gitos. Siempre comienza por el nà ºmero 9 y en el cuarto lugar aparece el nà ºmero 7 o el 8. En la actualidad, el ITIN tiene una validez de cinco aà ±os. Segà ºn datos del IRS, cada aà ±o fiscal ms de cuatro millones de personas utilizan el ITIN para presentar su planilla de impuestos, conocida en EE.UU. como tax returns pagando casi 14 mil millones de dà ³lares. Segà ºn datos del centro de estudios Taxation and Economic Policy, ubicado en Washington D.C. aproximadamente el 50 por ciento de los indocumentados en EE.UU. paga tax returns utilizando un ITIN. à ¿Cà ³mo se solicita el ITIN por primera vez? El ITIN se puede solicitarà por correo enviando la solicitud utilizando la planilla W7. Adems, debe incluirse la planilla de impuestos yà documentos originales o certificados por la autoridad que los emite yà que prueben su identidad y su condicià ³n de extranjero.à Si se envà an documentos originales, estos sern devueltos en 60 dà as desde que se recibià ³ la solicitud. La direccià ³n a la que enviar la solicitudà desde EE.UU. o desde otro paà s e: Internal Revenue ServiceAustin Service CenterITIN OperationP.O. Box 149342Austin, TX 78714-9342 Pero una forma ms fcil y conveniente de solicitar el ITIN cerrando una cita conà un agente autorizadoà algunos de los cuales estn ubicados fuera de los Estados Unidos (Acceptance Agent) o visitando unà Centro de Asistencia al Contribuyenteà (TACs, por sus siglas en inglà ©s), donde una persona especializada podr ayudarà en este proceso yà verificar la autenticidad de los documentos.à Si necesita ayuda especà fica para su caso para solicitar el ITIN, adems de poder acudir a los TACsà se puede marcar al 1-800-829-1040. Documentos admisibles para acompaà ±ar la solicitud del ITIN Para solicitar el ITIN debe probarse la identidad del solicitante y su carcter de extranjero. Se admiten 13 documentos entre los que se encuentran: pasaporte, cà ©dula de identificacià ³n, licencia de manejar de EEUU o del paà s de origen, partida oficial de nacimiento para menores de 18 aà ±os, ID card de un estado estadounidense, visa, tarjeta militar americana o extranjera o la tarjeta de votante extranjero. Para que cualquiera de estos documentos sea admisible es necesarioà presentar el original o copia certificada por la entidad que los emite. Otra opcià ³n es verificarlos en un TACs o con un Acceptance Agent. Adems, no pueden estar expiradosà y que en ellos debe aparecerà claramente el nombre del solicitante,à una foto del mismo y deben servir como prueba de su carcter de extranjero. Cunto tiempo se demoraen procesarse el ITIN En general, se recibir el nà ºmero de identificacià ³n fiscal dentro de las seis semanas siguientes a haber formulado la peticià ³n, siempre y cuando la aplicacià ³n està © completa y no falte ningà ºn documento. Si no se recibe contestacià ³n en ese plazo de tiempo se puede llamar gratuitamente al telà ©fono seà ±alado anteriormente para averiguar sobre el estado del trmite. Expiracià ³n del ITIN y su renovacià ³n En la actualidad, todos los ITIN son vlidos solamente por cinco aà ±os. Se renuevan de la misma forma que se solicitan por primera vez. La à ºnica diferencia es que al renovar no hay que presentar un tax return. Adems, cabe destacar que si el ITIN pierde validez automticamente si no se utiliza por tres aà ±os consecutivos.à Si se presenta un tax returns con el ITIN caducado, la declaracià ³n de impuestos se va a tramitar pero no se tendrn en cuenta exenciones o crà ©ditos solicitados ni tampoco se devolver dinero al contribuyente al que le corresponderà a mientras no se presente un ITIN vlido.à à ¿Para quà © puede utilizarse el ITIN y para quà © no? A pesar de ser un nà ºmeroà emitido oficialmente por una agencia del Departamento del Tesoro de los Estados Unidos, el ITIN no puede utilizarse como identificacià ³n ni, en ningà ºn caso, como un sustituto del nà ºmero social.à à Nunca jams el ITIN prueba de que se est autorizado para trabajar. No es uno de los documentos admitidos en la planilla I-9à que se completan al comenzar a trabajar en una empresa. Adems, si la compaà ±Ã a utiliza el sistema e-verify, serà a evidente que no se tiene permiso para trabajar. El pago de impuestos con un ITIN no da derecho a solicitar el crà ©dito fiscal que se conoce como Earned Income Tax Credità (EITC, por sus siglas en inglà ©s), y que es el ms solicitado por las familias trabajadores de bajos ingresos. Tampoco se puede obtener beneficios del sistema del seguro social ni de Medicare, a pesar de haber contribuido con los impuestos a esos fondos. El ITIN se utiliza para pagar impuestos, porque es una obligacià ³n que establece la ley. Tambià ©n se usa porque brinda algunos beneficios. Por ejemplo, las personas que pagan impuestos con un ITIN pueden solicitar un Child Tax Credit por sus hijos dependientes, con un mximo de $2.000 por menor. Sin embargo en la actualidad se requiere que dichos dependientes tengan un nà ºmero del seguro social propio. Adems, cuando un migrante cambia de estatus migratorio, el pago de impuestos con ITIN podrà a servir para probar aà ±os de residencia en el paà s. Asimismo, podrà a dar derecho a contabilizar los pagos ya hechos a Medicare y al sistema del seguro social una vez que ya tiene un nà ºmero social.à Este punto, debido a su carcter delicado, es aconsejable consultarlo con un abogado. Tambià ©n da derecho el ITIN a poder abrir una cuenta de banco que genera interà ©s. Finalmente, algunos estados listan el ITIN como uno de los documentos que puede presentarse para probar identidad a la hora de solicitar una licencia de manejar o un I.D. de identificacià ³n. Puntos Bsicos: El ITIN y su utilizacià ³n El ITIN es un nà ºmero de identificacià ³n fiscal que emite el IRS, una agencia del Departamento del Tesoro de Estados Unidos.Pueden solicitarlo las personas que no tienen derecho a un Nà ºmero del Seguro Social pero tienen que pagar impuestos en EE.UU. o pueden ser personas dependientes de otras por las que se desgrava, y es que el fin del ITIN es pagar impuestos y para desgravar, aunque algunas desgravaciones no aplican con el ITIN.No es una identificacià ³n, no da permiso para trabajar legalmente en EE.UU ni tampoco sirve para probar o ganar estatus migratorio alguno.En la actualidad, el ITIN es vlido por cinco aà ±os, despuà ©s debe renovarse. Adems, caduca si no se utiliza por tres aà ±os consecutivos. Este es un artà culo informativo. No es asesorà a legal.
Saturday, November 2, 2019
Ethical Decision Making and Contemporary Managers Essay
Ethical Decision Making and Contemporary Managers - Essay Example The Enron scandal a few years back and the JP Morgan failure are merely tips of the iceberg in the sense that they clearly point towards the fact that many times the managers in the corporations, moved by self-interest or a more than rational commitment to the shareholders, do end up resorting to unethical decisions which in the long run have a very destabilizing impact on the economy and the society. Hence, one big challenge facing the managers serving the corporations is to resort to ethical decision making in their day to day professional conduct, irrespective of the pulls and pressures they are always vulnerable to. As per the Oxford Advanced Learnerââ¬â¢s Dictionary, ethics mean ââ¬Å"moral principles that control or influence a personââ¬â¢s behavior (518)â⬠. Going by the fact that managing corporations is a job that is about allocation and distribution of resources, exercise and delegation of legal and financial power, sharing and concealing of information, there is no denying the fact that contemporary managers do many times come across situations which could press them to waver from the established principles and ethics (Pava 17). The ethical challenges faced by managers within an organization could be of many types. For instance, many times the managers have to face a situation which requires them to strike a balance between reducing running costs and the health and safety of the employees. Here, a manager gave to ethical decision making while never cut upon the expenditure that assures the safety and well-being of the employees. ... Also, for instance, in the present age of technology and IT revolution, managers are required to respect the information pertaining to customers, while at the same time resorting to an optimal use of the available information to maximize sales and profits. No wonder, these calls for a dedicated ethical decision making and the weighing of the decisions taken in the light of the set ethical benchmarks. As employees, shareholders and customers expect the companies to be ethical and above board, a failure of the management in this area my mar the reputation and viability of a corporation in a serious way. Going by this, the most important question that comes to mind is that what can the managers do to act in an ethical way? First and foremost, a manager, to be able to act in an ethical way must have an internal map dedicated to ethical decision making. If a manager adheres to any religion, it is really good as it could serve as a source of deciding as to what is right or wrong. However, managers who are not given to religious affiliations could also draw inspiration from the available secular sources to develop a personal ethical compass that could guide them during their course of decision making. The next thing that could go a long way in promising ethical decision making on the part of the managers is that corporations should make sure that junior managers do always have access to senior mentors within the organization who have a reputation for ethical decision making (Sims 209). This will allow the young managers to have a practical exposure to the challenges involved in ethical decision making and will prepare them to be the leaders of the future. Besides, in their day to day working, the senior management should make it a point to encourage ethical
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