Rhetorical Analysis Of A Thousand Acre By Jane Smiley

This paper will be a unique interpretation coupled with an analysis of rhetoric in A Thousand Acre’s by Jane Smiley. This non-fiction novel is told in third person omniscient and is focused on the point of view of one of the main characters, Ginny Cook. A Thousand Acres was a modern-day retelling of Shakespeare’s King Lear; set on a large farm and small town in Iowa. This setting is important to the plot because it is more realistic compared to a far away mystical land that is detached from its audience. Smiley uses various rhetorical and literary techniques within her book to engage readers while still keeping to the basic storyline previously written by Shakespeare. Smiley’s use of language positively aids the imagery and emotions seen†¦show more content†¦79). This quote shows how Ginny no longer puts her father first and that he Ginny even realizes that she is built off her presence in their community, â€Å"I was so remarkably comfortable with the discipline of making a good appearance!† (Smiley, pg. 701). Smiley uses a lot of imagery to describe what Ginny is feeling and experiencing that is effective at engaging the audience and almost puts them in her shoes. I personally felt as if I was next to Ginny throughout the whole novel due to this imagery and language. Larry Cook, father of Ginny, Rose, and Caroline as well as the main landowner of the thousand-acre farm, is the next character to be analyzed. He is introduced in the book as farmer that is looked up to by his community due to his success. He is the antagonist within the novel and slowly loses his sanity as the story progresses. This loss of sanity is due to Larry’s power and greed that take over him. It begins with his idea to retire and give his land evenly to Rose and Ginny, but after this massive life shift occurs he starts acting irrationally and lashes out at his previous caretakers. The foreshadowing of the major storm aligns perfectly with Larry ’s final breaking point with Ginny, â€Å"His voice modulated into a scream, ‘Or tell me what I can do and what I can’t do. You barren whore! I know all about you, you slut.† (Smiley, pg. 452). After this, Rose talks to Ginny about their father raping them for years,

Nancy Reagan - 1195 Words

Nancy Reagan made an impact on our society, so large that the impact is still lasting today. She is a very special person because of her determination not to give up however hard life may get. She is an example of a hard worker and a very caring person. Nancy was born July 6, 1921. Born as Anne Frances â€Å"Nancy† Robbins Davis Reagan, at Sloane Hospital Flushing Queens, New York. Nancy was born to Kenneth Seymour Robbins and Edith P. Luckett. Her parents got divorced shortly after marriage. Her mom remarried Loyal Davis, and her dad remarried Patricia Brinckerhoff. Nancy considers Loyal Davis as her true father. Loyal Davis was a neurosurgeon. He was well known. When he adopted Nancy, her name was changed to Nancy Davis.†¦show more content†¦One popular negative view on Nancy is that she spent too much money on clothes. When Nancy moved to the White House, she brought new china set. Even though she brought it with private donations, many criticized her for doing thi s. Another impact Nancy made is â€Å"Foster Grandparents†. In this, she introduces older people with kids with disabilities. She said â€Å"It’s one of the best programs I’ve ever seen because it benefits both sides: children, who need love and grandparents, and elderly people, who need to feel wanted.† Nancy displayed many IB profiles in her lifetime, one being caring. She was very caring to most of the people she met. Nancy showed how caring she was when she cared for the welfare of wounded soldiers from the Vietnam War while she was First Lady of California. She was also very caring to her husband because she acted like Ronald Reagan’s bodyguard. She did this because she was very worried after his assassination attempt. His assassination attempt happened on March 30,1981at Washington Hilton Hotel in Washington D.C. Ronald Reagan was shot by John Hinckley Jr. John Hinckley was not found guilty because he was mentally disturbed. Nancy Reagan is s till living. She is eighty-nine years old today. Ronald Reagan died of Alzheimer’s. Before he died, they created an Alzheimer’s research organization, and they donated a lot to it. Ronald Reagan was diagnosed around the time he stopped being president NancyShow MoreRelatedAnalysis Of Nancy Reagan s Just Say No 955 Words   |  4 Pagesrecently read and analyzed a speech given by Nancy Reagan entitled â€Å"Just Say No†. In the late 1980s, around the time that Nancy Reagan gave her speech the U.S was facing a major drug problem. During that time a new drug, cocaine, was recently introduced. Because this new drug was cheap and addictive, youth drug addictions became a major problem. As a result of the drug problems many people spoke out against it, one of these individuals was Nancy Reagan in her Just Say No Speech (Decades of DrugRead MoreAnne Style Of Anne Francis Robbins894 Words   |  4 Pagesthe name Nancy. When Nancy was born her father left her and h er mother. 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Just two months into Reagan’s Presidency, it almost came to an abrupt end with theRead MoreRonald Regan: A Brief Biography731 Words   |  3 PagesRonald Reagan once said â€Å"What I’d really like to do is go down in history as Michelle President who made Americans believe in Michellemselves again.† (World Book Encyclopedia, 185) Reagan first rose to prominence in Michelle United States as a popular film actor. He Michellen turned to politics and became governor of Michelle state of California. That led eight years as Michelle president of Michelle United States. Through it all, Reagan emerged as one of Michelle most popular and influential AmericansRead MoreRonald Reagan And His Career And Changing The World Forever Through Politics1028 Words   |  5 PagesRonald Reagan overcame his poor and deprived childhood by having a successful theatrical career and changing the world forever through politics. Reagan had a poor yet eventful childhood. In Tampico, Illinois, Ronald Reagan was born on February 6, 1911 (Banks 199). He acquired the nickname â€Å"Dutch† because he looked like a Dutchman when he was born (Orr13). Ronald Reagan had one older brother named John Neil Reagan (Boyarsky 164), who was born in late 1908 (Orr 14). Reagan and his brother were polarRead MoreEssay on Ronald Reagan1290 Words    |  6 PagesPresident Ronald Reagan Ronald Reagan was born on February 6, 1911 in Tampico, Illinois (Huckshorn 1). He was born in a small apartment above the Pitney General Store (Life Before 1). John Edward Reagan (his father) was a shoe salesman that was an alcoholic. The first time he saw his son he said, For such a little bit of a fat Dutchman, he makes

A Brief Introduction for Chinese Culture Free Essays

A brief introduction for Chinese culture Cultural background China, as one of the four homes of the world’s earliest civilization, has a recorded history of nearly 4,000 years. Through centuries of migration, merging and development, it has formed a distinctive system of language, writing, philosophy, art and political organization, which came to be recognized as Chinese culture. It originated from Xia, Shang and Zhou dynasty, which was known as slave culture period. We will write a custom essay sample on A Brief Introduction for Chinese Culture or any similar topic only for you Order Now Xia culture represented the early Chinese culture and Zhou culture contributed to the form of more than 2000 years of feudalism culture in China. The May 4th Movement of 1919 was also an important date because it symbolized that it entered into a new culture period. In the spring and autumn and warring-states period, slave society gradually turned into feudalism society and a lot of thinkers sprang up with their immortal work. Among those, Confucianism was the most successful, which helped to build up the norms and values of Chinese people in the following centuries and also was used as a method for emperors to rule the country. However, after the fall of Qing dynasty, the last feudalism dynasty, Confucianism, which was seen as the product of feudalism society lose its dominant position. But its influence still lasts until now. Besides Confucianism, Taoism and Buddhism also once played an important role in ancient Chinese. Nevertheless, nowadays most of Chinese are atheists. Buddhism is the biggest religion in China with a history of about 2,000 years. Then Muslim comes the second. It is popular within minority nationalities such as Hui and Uygur. Christianism and Catholicism are also believed in by some people. However, Taoism as indigenous religion has the fewest followers. Moreover, China is a multi-national country with quiet different 56 groups, in which Han has the largest population. Every group has its own language, customs, festivals and some fixed residence. In order to solve the problems of communication between groups and facilitates management, the government standardized language through popularizing mandarin, which is mostly based on Beijing dialect. Cultural values The development of Chinese values can be divided into two phrases:the former is the traditional cultural values; the latter is modern cultural values, which is affected by the western culture since the 20th century. Confucianism is the core element in traditional values. Deeply influenced by Confucianism , Chinese people tightly adhere to the Doctrine of Mean and try to avoid conflicts. Afterwards, with time going by, Confucianism experienced improvements by combining with Taoism and Buddhism. In this period, Confucianism focused on human, for example, the relationship between human and human, human and nature and so on. Under the influence of the above factors, Chinese traditional values can be concluded into the following aspects: -believe in self struggle ‘Man’s determination can conquer the nature’ is an old Chinese saying. Chinese people believe that through their efforts they can change their life. -emphasis on the art of tolerance Tolerance is another characteristic for Chinese nation. Chinese people won’t be easily infuriated by others. They are used to avoid conflicts and keep peace. It seems to be a little cowardly . But the truth is that many great men succeed because of temporary tolerance . -follow the majority This is still a serious problem in today’s society. Conformist mentality has proved to have negative effect on building up one’s confidence and independence. People are not willing to express its own opinion to keep conformity with the majority and become passive. -respect the old Respect for the old is a Chinese traditional virtue. Not like western individual consciousness, Chinese parents think it’s their duty to look after their children and do all that they can do for them. So when children grow up, they tend to be grateful for their parents’ contribution. As a result, the old enjoy a high position in the family. Moreover, since the old experience much more than the young, young people are willing to listen to their opinions when making decision. -collectivism This means that Chinese, in general, is a collective society that strives for harmony and group belonging, whether to family, friends, work, or country. The Chinese are more willing to suppress their own feelings and needs for the good of the group. This value has been passed down the Chinese culture from folklores where martyrs sacrificed their lives for their community or country ever since the dynastical eras 5,000 years ago. The arrival of western cultural value stroke Chinese traditional culture values and helped to discard some backward or bad parts of traditional values. Moreover, it also brought something new such as freedom, charity, democracy and etc. Cultural norms -saving face and losing face ‘Fcae’ stands for one’s position in a certain social group. It’s related to honor, good reputation or respect. Consequently, loss of face is not simply a form of embarrassment. Saving face is another concept. Chinese people respect a person who is friendly and who carefully avoids hurting the feelings of others. Loud, untactful or boisterous behavior is usually regarded as very poor taste. – greeting When meeting for the first time, a handshake is the most common greeting. In order to express some special esteem, to those elderly people or government officials, a slight bow might be given. -gift When visiting a family it is appropriate to bring a small gift, such as fruits, to the host, especially around New Year’s time. Gifts should be given and received with both hands. It is also a Chinese custom when receiving a gift to thank you for it and then place it to the side without opening it. eating  ·Chopsticks and a soup spoon are common eating utensils. Food is not passed around the table, but remains in the center. The host usually chooses the food for his guests and serves it to them from the central dishes on the table.  ·Refusing to drink is sometimes thought as dishonor to the people who toast to you. -relationship (guan-xi) Guan xi is a Chinese word which means relati onship. One’s guan-xi, is an important factor in the individual’s social status. It is also an important Chinese business element. Having a right guan xi helps companies to minimize the risks, frustrations, and disappointments. Guan-xi relationship, like face behavior, is obligation between individuals for the purpose of maintenance of group integrity. -parents dominant Parents are accustomed to interfering children’s decision and sometimes just determine for them regardless of their own wishes. -look down on girls In some remote areas, the natives still prefer boys to girls. If a family has two children and they can’t afford the education fees for both of them, the boy will have more chance to go to school. Ways of communication -nonverbal communication Chinese is a high context country. Nonverbal communication is as common as verbal communication. Nonverbal communication includes facial expression, tones of voice , gestures, and eye contact. They’re quiet important in Chinese daily life and sometimes it is even more powerful than the verbal interaction. Different gestures have different meanings. Due to different cultural background, even the same gesture has different meaning for people in certain context. -avoid speaking directly Speaking directly is often considered rudeness. Try to be â€Å"diplomatic† and tactful where possible, as the Chinese may be offended by directness in some situations. For example, it is a terrible thing to be criticized in public due to the fact that harmony is highly valued in Chinese society. -conversation tips Find some common areas to talk about such as family, sports and etc. Don’t verbally attack China and be careful about criticizing things there, as many Chinese will feel personally attacked by this. Avoid political arguments, as many Chinese feel reluctant to speak or explore their true opinion about the current government. saying â€Å"Thank you† â€Å"Thank you† is said a lot less than in the West. In a lot of instances, for example when someone opens a door for you or passes the soy sauce, saying â€Å"thank you† is seen as being over polite and without meaning, and is often met with requests for you not to be so polite (over-polite). -saying â€Å"Excuse me† â€Å"Excuse me † is not used as often in China. People are expected to give way naturally to one another on the street or when walking around, without anything being said. Interrupting somebody talking or doing something else to ask a question, make a request, etc. also happens regularly without any warning or apology. -compliments Be careful when complimenting someone’s possessions or somebody because they may think it’s a kind of flattering rather than appreciation. In conclusion, Chinese culture is based on the wisdom of Confucius and quiet different from western culture in many aspects. But nowadays because of the process of globalization, Chinese people are striving to learn from mainstream culture and improve and develop their own culture. How to cite A Brief Introduction for Chinese Culture, Essay examples

Law of Management Competition Policies and Strategies

Question: Describe about the Law of Management for Competition Policies and Strategies. Answer: In the current document discussed below various questions would be answered relating to the competition policies and strategies followed by an organization for the benefit of the people at large; it also give a brief about the cases of negligence done on the part of any organization and reliefs which could be awarded to the plaintiff; at last the standards which prevails in an organization for its employees have been talked about. 1: Kmart is a discount department store retailer in Australia and New Zealand and Kmart Tyre and Auto Service is a provider of retail automotive services, repairs and tyres in Australia. Kmarts vision is to ensure it is where families come first for the lowest prices on everyday items. It was established in1969 with the opening of its first store in Burwood, Victoria. It was the very first discount department store in Australia. It offers the people of Australia the lowest price on everyday items and focus on growing the business through operational excellence, creating adaptable stores, driving a high performance culture and investing in the store network. The corporation aims to deliver profitable growth through increased volumes, enhanced product ranges, expansion of its digital strategy and operational efficiency throughout the business. There has been various strategies of which the three main strategies are as follows: Kmarts strategy remains constant to provide with everyday products at the lowest price; Deliver development and improvement in productivity and efficiencies for further investment; It focuses on creating a stimulating and encouraging work environment so everyone can thrive. These strategies have been adopted in order to promote competition and also to levy the competition and consumer act which has been applicable on all the Australian corporations for leading a corporation in a healthy way. The market is highly concentrated and competition has been anticipated to increase as international retailers to enter the market and existing competitors expand store networks. The market players would want or desire to adopt such policies which the organization has adopted in order to attract more customers. This would automatically promote competition in the market and then they would focus on fulfilling the customer satisfaction in order to be in the market. The organization will remain focused on maintaining its lowest price position and ensure the product pricing architecture continues to deliver value. It also would continue to lead price and value despite increased competition from new entrants, online and existing competition. Australian competition and Consumer Commission has been an organization which promote competition under which it was prescribed under the competition and consumer Act. The main objective of the act was to eliminate any kind of act which restricts the flow of competition in the market. The corporation has been recommended that as it complies with the competition act and laws which have been regarded and imposed on all the organ izations of Australia. So, it should comply with it and also at the same time it should not indulge in any of the acts which would effect the competition for the prevailing market players in the market. As the market should not create such situations that effect the work of others. It has been recognized by the organization that as the organization operates in a complex and dynamic environment with sophisticated and diverse wants and desires if people, both in Australia and through regional and global trades. The organization does not work individually but it has been its employees who put in their efforts as they just keep producing and releasing the products for the customers. They also work from home or any place where they go so that the work would not hamper and the consumers get benefit. At the same time, the inquiry conducting and resourcing authorities of competition and regulatory bodies have strengthened in order to detect any anticompetitive behavior. It focuses on the prosecution and penalties both with more streamlined cooperation among the jurisdictions in enforcement matters of the organization. So the organization should comply with the competition regulations and rules which can help and grant aid to the consumers against any unfair agreement t erms; protecting them against any unconscionable behavior of the corporation and nay misconduct. The organization therefore should make such regulations which protect the society and consumers at large as a satisfied consumer makes the goodwill of the organization to develop in a positive and good way. Competition has also been regarded as the procedure by which the rival business strives to maximize their earnings by developing and offering desirable goods and services to customers. It can also lead to lower cost of resources; better services; better information etc. All the new startup businesses believe that they should discover the needs and wants of the consumer in order to be in the market. Because, it was the consumer only who have the power either to make a company stay or blown away. If the customer would not be happy than the work of the corporation would not prevail in a market. Also, if the strategies made by the organization would properly work and fulfilled than the ot her market players would also do the same and would be boosted up by what has been done by the other organization. 2: Memorandum stating grounds for negligence action against BW To: The Board of Directors, BW From: Manager, Safety Operations, BW Subject: Regarding grounds for a successful case of negligence Date:22ndSeptember2016 cc: In this memorandum the civil liability with the duty in regard to negligence and duty of care would be discussed keeping in mind the incident which occurred. Also some recommendation would be discussed at the end. Negligence can be defined as the act of failing to do what a prudent individual would have done in the situations (Bugg, 2006). In order to institute an obligation, a plaintiff must first establish that the defendant owe a duty of concern towards the plaintiff (Supreme Court of Tasmania, 2016). So, before a plaintiff could recover reimbursement from a defendant for the act of negligence, he must prove three things in regard to the defendant that: He owed a duty of concern; He violated that duty of concern; and Private harm or land damage suffered by the plaintiff was as a result of that violation. In order to determine whether there was a duty of concern or not various factors have to be taken into account by the Court (Hobart Community Legal Service, 2013). The factors include: The type of injury suffered by the plaintiff; The defendants control over the circumstance that gave rise to the injury, and the plaintiffs vulnerability to that injury; The character of the relationship of the plaintiff and defendant, as compared to other duty relationships; Ethical and moral price, including human rights considerations; and Consistency and coherency of lawful morals and relationships. The concept of a duty of concern functions as a control device which allows the court to determine, as a case of policy, the situations in which there should be liability for negligent act (Australasian Legal Information Institute, 2016). Courts have experimented with various approaches to the new cases, developing obligations incrementally, emplaning with due regard to policy considerations (Handford, 1982). In the matter of Donoghue v Stevenson (1932) it was discussed that the modern doctrine of tort law was born out from this case as it concern a right of a customer to claim damages from a manufacturer of bottled ginger beer for nervous shock induced by the discovery of a fermenting snail in the bottle, after its contents had been drunk. It was the case in which extension has been made of the concept of duty of care (The Personal Injury Lawyers, 2016). In the matter of Baltic Shipping v Dillon High Court of Australia (1993) 176 CLR 344 it was held that reimbursement were available where the suffering or disappointment arises from a violation of an express or implied term or the suffering was consequent upon the suffering of a physical harm (Australian Contract Law, 2013). In another matter of Caparo Industries Plc v Dickman [1990] a threefold test was established. It stated that the injury must be reasonably foreseeable; there must be an association of proximity among the plaintiff and defendant; and it must be just, immediate, and rational to oblige a liability. Though, emotional suffering has been recognized as an actionable tort (Australian Law Reform Commission, 2016). It means that the plaintiff could recover reimbursement for emotional suffering caused by injury but only if was escorted by a physical or financial harm (Holme, 2004) (Rajendran, 2004). In the case of Rodrigues v state it was held that the plaintiffs could recover damages for a negligent infliction of emotional suffering as a result of carelessly caused flood reimbursement to their house. In the case of Giller v Procopets it was held by the court that the claimant could recover reimbursement for disturbing suffering in her fair claim for infringement of confidence. Similarly in the matter of Doe v. Australian Broadcasting Corporation it was held that a fair reimbursement can be awarded for contravention of self-assurance for harm and suffering as a part if a larger award for other wrings. As per Division 4 of the civil liability act 2002 section 26H certain limits have been mentioned which were being forced on injuries which occur for any non- economic loss. It states that a court would not be in a place to award injuries for non- financial loss except as allowed by this Division (Australasian Legal Information Institute, 2016). Also, according to Section 26I it has been clearly describes the non-financial loss injuries limited to the employees return amount. Under it a court may award reimbursement for the non- monetary failure up to a maximum of the total amount to which a worker would be allowed as reward under this division of part 3 of the Workers Reimbursement Act 1987. As per it if the worker had received a injury that entitled the worker to reward under that act and that resulted in a degree of enduring harm that was same as the offenders degree of lasting injury (Australasian Legal Information Institute, 2016). When formatting the total amount to which a worker would be allowed for reimbursement under the provision of Workers Reimbursement Act 1987, the sum was to be resoluted under the section as it was in force when the destruction to the lawbreaker was acknowledged (Australasian Legal Information Institute, 2016). According to Division 5 of the act authority has been given to make subtractions from reimbursement under section 26J. As per section 5L of the civil liability act the defendant has no liability for harm suffered from an obvious risk of dangerous recreational activities. Also as per section 5M of the act the defendant have no duty of care for recreational activity where risk warning. Section 5R describes in brief about the standard of contributory negligence as therefore by referring to these sections it can be stated that BW was not liable for the act which was done not by the negligence of the organization and so no damage would be paid off. In the case Action Paintball Games Pty Ltd (in liquidation) v Barker [2013] NSWCA 128 it has been held that a general warning about the risks involved was sufficient, without the need to describe each separate or specific risk or hazard and also on the basis that Action Paintball had given a risk warning to the plaintiff within the meaning of section 5M(1) of the CLA and therefore no duty of care was owed to her. So, it has been highly recommended that the organization should made pertinent reward to the plaintiff for the loss incurred by him due to the steel which broke down due to corrosion. Organization should also purchase new tools for restricting any future danger or harm which could be caused if new machinery would not be adopted. The organization for making the services better can make a disaster organization team in prior for dealing with such mishappening for the future if occur by any means (Bernstein, 2016). 3: The National Employment Standards (NES) are the 10 minimum stipulations and state of affairs of an employment which were mentioned in Part 2-2 of the Fair Work Act, 2009. It applies to the system of the national workplace relations of the workers. NES are the minimum required standards which cannot be overridden by the terms of the organization agreements or awards (Fair Work Commission, 2016). The ten minimum standards which every employment has to follow include the following matters: The employees should work for maximum of 38 weekly hours in addition to rational additional hours; Workers in some situations can make a request for making a change in their arrangements of work (Australian Government, 2016); Parental leaves and connected entitlements should be given up to 12 months for unpaid leave for each employee plus they have the privilege to make a request for an additional 12 months unpaid leave; Annual leaves should be provided which includes 4 weeks paid leave pr year plus an additional week for some shift workers (Fair Work Ombudsman, 2016); Private/ carers leave and compassionate leaves should also be provided which includes 10 days paid private leave; 2 days unpaid carers leave when required; and 2 days compassionate leave unpaid as required; Unpaid leave should be offered for chosen crisis activities and up to 10 days of paid leave for service of Jury; An agent right for the workers as mentioned in a relevant pre-modernized reward, awaiting the growth of a consistent national long service leave standard; On every public holiday a paid off would be given except where logically requested to work; Up to 4 weeks notice of execution plus an additional week for the staff over 45 years of age who have been in the job for at least 2 years and up to 16 weeks division pay on being jobless both based on the span of service (The Australian Workers Union, 2016); and The Fair Work data statement was available from the Fair work Ombudsman (Australasian Legal Information Institute, 2016). As per section 26(4) of the Fair Work Act 2009 applies to the service generally but if it applies subject to the constitutional limitations then it would relate to: All the manager and workers in the state or territory; or All manager and workers in the state or territory except those recognized by an act of the state or territory. Being a HR manager a person should ensure that the corporations comply with the 10 national standards and should not contravene them as per section 44 of the act; ensure terminations dont contravene; and maintain fully complaint time and wages records. HR manager should follow all the national standards but at the same time he should and can ask the workers to work more and can cut off their leaves depending upon the work load for any particular month. But the HR manager should also make such changes as when required as it was not necessary that in the organization all the standards would apply. He should include them while dealing with the employees but also should include those standards which would help the organization and can make some changes and ask the workers to work accordingly For this reason, it does not matter whether or not the regulation also was applicable to other individuals, or if or not an exercise of a power under the regulation affects all the individuals to whom the rule was applicable. Similarly, if any of these points would be violated then he must be punished under section 550 of the act. The HR Manager should understand the problems of the workers and should see that the corporation in which it has been working complies with all the standards which have been made and drafted for the benefit of the working staff. If all the staff would be granted such compliance with the standards then it would make them feel that they work in a safe environment. So the HR should not dispense with such polices which have been specially made fir the employees. References: Australasian Legal Information Institute. (2016) CIVIL LIABILITY ACT 2002. [Online] Commonwealth Numbered Acts. Available from: https://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/ [Accessed on 22/09/16] Australasian Legal Information Institute. (2016) COMPETITION AND CONSUMER ACT 2010 - SCHEDULE 2. [Online] Commonwealth Numbered Acts. Available from: https://www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html [Accessed on 22/09/16] Australasian Legal Information Institute. (2016) FAIR WORK ACT 2009 (NO. 28, 2009). [Online] Commonwealth Numbered Acts. Available from: https://www.austlii.edu.au/au/legis/cth/num_act/fwa2009114/ [Accessed on 22/09/16] Australian Contract Law. (2013) Baltic Shipping v Dillon High Court of Australia (1993) 176 CLR 344. [Online] Australian Contract Law. Available from: https://www.australiancontractlaw.com/cases/baltic.html [Accessed on 22/09/16] Australian Government. (2016) The National Employment Standards. [Online] Australian Government. Available from: https://www.ieuvictas.org.au/files/8613/4214/4413/nes.pdf [Accessed on 22/09/16] Australian Law Reform Commission. (2016)Breach of Confidence Actions for Misuse of Private Information. [Online] Australian Government. Available from: https://www.alrc.gov.au/publications/13-breach-confidence-actions-misuse-private-information/reimbursement -emotional-suffering [Accessed on 22/09/16] Bernstein, J. (2016) The 10 Steps of Crisis Communications. [Online] Bernterin Crisi Management. Available from: https://www.bernsteincrisismanagement.com/the-10-steps-of-crisis-communications/ [Accessed on 22/09/16] Bugg, T. (2006) Negligence and damages personal injury, property damage and pure economic loss. [Online] Law Council of Australia. Available from: https://www.lawcouncil.asn.au/lawcouncil/images/LCAPDF/speeches/20060526Negligenceanddamages.pdf [Accessed on 22/09/16] Fair Work Commission. (2016) National employment standards. [Online] Fair Work Commission. Available from: https://www.fwc.gov.au/awards-and-agreements/minimum-wages-conditions/national-employment-standards [Accessed on 22/09/16] Fair Work Ombudsman. (2016) National Employment Standards. [Online] Fair Work Ombudsman. Available from: https://www.fairwork.gov.au/employee-entitlements/national-employment-standards [Accessed on 22/09/16] Handford, P.R. (1982) Damages for Injured Feelings in Australia. University of New South Wales Journal. [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/au/journals/UNSWLawJl/1982/16.pdf [Accessed on 22/09/16] Hobart Community Legal Service. (2013) Negligence and the Duty of Care. [Online] Hobart Community Legal Service. Available from: https://www.hobartlegal.org.au/tasmanian-law-handbook/accidents-and-insurance/negligence/negligence-and-duty-care [Accessed on 22/09/16] Holme,R. ( 2004) MENTAL SUFFERING DAMAGES FOR BREACH OF CONTRACT. Victoria University of Wellington Law Review. 35. [Online] Available from: https://www.victoria.ac.nz/law/research/publications/vuwlr/prev-issues/pdf/vol-35-2004/issue-3/holmes.pdf [Accessed on 22/09/16] Rajendran, R. (2004) "Told Nervous Shock: Has the Pendulum Swung in Favour of Recovery by Television Viewers?". Deakin Law Review 7319(2). [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/au/journals/DeakinLawRw/2004/31.html [Accessed on 22/09/16] Supreme Court of Tasmania. (2016) NEGLIGENCE FORESEEABILITY: Doctrine Of Law Or Public Policy. [Online] Supreme Court of Tasmania. Available from: https://www.supremecourt.tas.gov.au/publications/speeches/underwood/negligence[Accessed on 22/09/16] The Australian Workers Union. (2016) What are the 10 National Employment Standards (NES)?. [Online] The Australian Workers Union. Available from: https://www.awu.net.au/national-employment-standards [Accessed on 22/09/16] The Personal Injury Lawyers. (2016) What are Emotional Suffering Damages in Personal Injury Cases?. [Online] Available from: https://www.thepersonalinjurylawyers.com.au/What-are-Emotional-Suffering-Damages-in-Personal-Injury-Cases [Accessed on 22/09/16]

Madoff Investment Security LLC Company

Fraud in the financial sector has been evidenced for a long time. Many companies have either suffered bankruptcy, or some have spent a lot of resources trying to fix a fraud case. Such is the case of Madoff Investment because in 2008, it was reported that, the company was running the largest investor fraud scheme (Ponzi scheme) orchestrated by an individual (Shedlock 1).Advertising We will write a custom research paper sample on Madoff Investment Security LLC Company specifically for you for only $16.05 $11/page Learn More Madoff investment securities was a wall street firm run by a successful businessman, Bernard Madoff, who also doubled as NASDAQ chairman, until his conviction in the Madoff fraud case. After the arrest of Bernard Madoff, it was uncovered that the fraud was worth more than $64.8 billion and Madoff investments had accrued liabilities of over $50 billion (Shedlock 1). Due to the magnitude of this fraud, Madoff pleaded guilty to 11 counts of felony, and this assertion subsequently led to his sentencing in a federal court. Until his arrest, Bernard Madoff ran a very successful company which he started, merely by investing $5,000 in Madoff investments, to be among the greatest players in the New York stock exchange (Shedlock 1). However, this flamboyant side of his business life never came close to the scandalous business dealings he did behind the scenes. The Madoff investment scheme led to the loss of billions of dollars in investment money, through illegal wire transfers, securities fraud, mail fraud, money laundering, perjury (and the likes), but surprisingly, half of the investors did not lose any money in the scheme (Brown 2). As a result of the fraud, several ripple effects have been evidenced in other companies, foundations and institutions which had business relationships with Madoff investment. Some organizations such as Robert I. Lappin Charitable Foundation, the Picower Foundation, and the JEHT Foundation h ave temporarily closed business because of the freezing of Madoff’s personal and business assets, because they depended on the investment firm to finance their operations (Brown 2).Advertising Looking for research paper on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Among the third parties faulted for letting Madoff’s fraudulent dealings thrive is the US Securities and Exchange Commission; meaning that, there were mechanisms and institutions in place to check such kinds of illegal financial activities (Jerusalem Post 1). However, in some way, such institutions failed to check the activities of Madoff investment firm; thereby allowing the thriving of fraudulent business transactions in the stock exchange. This goes against the mandate of such regulatory institutions because they are supposed to check the activities of financial companies, with the aim of protecting the interests of investors. Aim/Purpose From the Madoff financial scandal, this study seeks to establish appropriate mechanisms which can be established to minimize, if not completely eliminate, financial fraud in the stock market sector. Conceptual Analysis Madoff’s investment strategy was a blend of several investment strategies meant to cushion its investors’ money against the uncertainties of the stock exchange. One such strategy was the future adoptions strategy which the firm used to cushion its investors’ money against predictable events in the stock exchange; although almost concurrently, the firm was using Madoff’s sales pitch strategy which included purchasing blue chip stocks and taking options contracts which Brown explains as â€Å"Typically, a position will consist of the ownership of 30–35 S P 100 stocks, most correlated to that index, the sale of out-of-the-money ‘calls’ on the index and the purchase of out-of-the-money ‘puts’ on the index† (Brown 2). It was affirmed that, the â€Å"calls† ensured the price of stocks remained high and the â€Å"puts† ensured the price of stocks never went lower than what was anticipated. In interview excerpts done on Madoff, before his widely publicized arrest, he admitted that, he used future contracts on stock indexes and placed â€Å"put† options to see his company easily overcome the 1987 stock market crash in the US, but the biggest cover up to his fraudulent transactions came from a federal law which required companies to pay 5% of their returns (Brown 2).Advertising We will write a custom research paper sample on Madoff Investment Security LLC Company specifically for you for only $16.05 $11/page Learn More This provision allowed the Madoff fraud scheme to thrive because the firm could not be investigated, since it was largely managing charity money. Financial analysts say that, for every $1 billion in foundations deposits ma de with Madoff investments, the firm made $50 million in revenues, and this return was guaranteed because the firm specifically targeted charities to avoid the high rate of withdrawals witnessed with other investment entities (Brown 2). Madoff admitted that since the mid 1990s, his company never traded in the stock exchange and all the profits or returns associated with the firm’s financial books, during the same period, were fabricated; meaning that, the company’s wealth management wing was a complete hoax (Brown 2). Research/Investigation There was a deep sense of secrecy associated with Madoff’s operations because experts note that Madoff investment firm dealt with an exclusive clientele who were offered steady returns (not much) for a long time, as opposed to big returns; although the complexity was envisioned in the fact that, the returns framework adopted by the company to pay its shareholders was too complicated for the normal investor to understand (Tava koli 1). Furthermore, it is often said that, Madoff investment firm never publicly shared their financial investment documents with the public. Most of Madoff investment company’s operations and sales record also seemed to revolve around its founder, Bernard Madoff, as can be seen from his impeccable sales record, which saw the association of big investment firms such as Ascot partners with Madoff Investments. For instance, the association of the firm with Ascot partners saw Madoff investment receive up to $1.8billion in investment money (Chernoff 1). However, Madoff’s sales record was often marred with allegations that, its proprietor sourced clients based on religious and ethnic prejudices, especially based on the fact that, he was Jew and therefore used the same basis to gain trust among most Jewish investors (Marketing Doctor 1). There was also a sense of â€Å"oz† aura in the operations of Madoff investment because it was noted that, many of the companyâ₠¬â„¢s investors feared pulling out of the company because they would not find their way back into the company again (Chernoff 1). Though this aura characterized Madoff’s company operations, there were still a lot of evidences showing an inconsistent record of returns for the company.Advertising Looking for research paper on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More There were more allegations of inconsistent company performances, especially based on the fact that, whenever investors wanted to pull out their money from the investment fund, they always got checks, before their withdrawal (Chernoff 1). This act bred hesitation among the company’s investors to pull out. Moreover, there were instances where the company posted profits when the stock market was poorly performing. There was also unlimited access of Madoff and his investment firm to legislative power, and more so, powerful individuals in Washington (Chernoff 1). This association may not have been evidenced directly, but indeed, the company had access to some of Washington’s â€Å"high and mighty†, through subsidiary investment groups, affiliated with Madoff investments. There were further claims, purporting that the company had special ties with the Securities industry and Financial Market Association because Madoff Bernard sat in the board of the Securities Indust ry Association, which ultimately gave him a lot of access to information regarding the regulation and the intrigues of the stock market (Chernoff 1). In fact, it is reported that, some of Madoff’s family members sat in the board of the Securities industry and Financial Market Association (Chernoff 1). It is further reported that, the Madoff family was consistently making financial donations to the Securities industry and Financial Market Association, and more family ties were evidenced in the executive board of the Securities industry and Financial Market Association, since Madoff’s niece sat as an executive member of the compliance and legal division unit of the institution (Chernoff 1). Furthermore, she was married to a stock exchange commission employee – a relationship which obviously influenced the outcome of investigations into the Madoff financial fraud case (because the husband failed to investigate Madoff effectively) (Chernoff 1). It is important to no te that, the Security exchange Commission was supposed to investigate Madoff investments for allegations of financial impropriety and it unsuccessfully failed to uncover the financial fraud going on in the organization, for more than 16 years (Tavakoli 1). The Madoff family relationships (with some of the stock market independent institutions) are said to have bred the Madoff fraud because it was difficult for the independent institutions (supposed to investigate such frauds) to carry out their functions effectively, if there was internal interference from powerful individuals within the institutions (Tavakoli 1). From the above analysis, we see the apparent weak-points used by Madoff investments to perpetrate its fraud and effectively cover it up for a long time. Recommendations There are many lessons to be learnt from the Madoff investment scandal. From these lessons, several personal and policy changes ought to be initiated. On a personal level, the importance of risk management in any investment scheme cannot be overemphasized (Picerno 1). The common misconceptions among many investors are that, loss is hard to come by, and therefore, investors operate in a manner that predisposes them to financial dangers. Perhaps, one basic common skill to be factored in financial management is common sense. Often, there are many issues that affect an investor’s ability to assess financial risk, and some of these reasons include, ignorance, greed and sometimes, fear. Regardless, it is suggested that, any investor who ignores risk management is not any different from a driver who drinks while driving and expects that nothing will happen (Picerno 1). Sometimes an investor may get away with investing without a risk management plan, but if such a habit is upheld for a long time, the chances of experiencing financial losses are high. From the Madoff investment scandal, it is clear that, investors are supposed to posses very high risk management skills as the first proc ess of investment, before they decide to invest (because of a stock’s performance or any other reason) (The Opinion leaders 1). For instance, during the Madfoff financial streak, the stock market was definitely experiencing a difficult financial time and stock prices were quickly tumbling down. However, Madoff investment exhibited an unfamiliar stock price pattern which represented the investment firm as almost immune to the financial market crash. From this analysis, it therefore becomes clear that, though the investment firm was exhibiting a good stock market performance (while other companies failed in the same regard), 2008 still marked the year of its collapse and therefore the positive stock performance was in vain. Often, risk management is synonymously referred to â€Å"breathing† (in the human body system), and the supportive premise for this assertion is the fact that, it is easier to control risk than is previously thought, but it is not as easy to control r eturns (Picerno 1). For instance, for a stock exchange investor, trading in different equities, it becomes very difficult, if not completely impossible, to control stock returns. However, one cannot compare the risks associated with trading in one security as compared to trading in a pool of equities. Here, we see that, the risk of trading in one security is very high, but such a risk is effectively controlled when trading in several equities. The risk management situation can be further improved if other asset classes, such as bonds, are included in the same investment pool because investors will have more confidence that their investment risks are effectively minimized. From the Madoff scandal, we see that, risk management is an important tool in the successful management of investments, but more importantly, we see that risk management does not come as naturally to investors as it should. The Madoff investment fraud provides such a classic example to this assertion, especially af ter Wall street Journal (cited in The Wall Street Journal 1) provided this example: â€Å"A woman, we are told, lost virtually her entire investment portfolio, valued at $2 million. To quote from the story, in 2001, acting on the advice of her broker, she poured something close to her life savings into a hedge fund linked to Madoff. By October 2008, her account statement said her investment was valued at $3.8 million, according to the Journal. On Dec. 11, Mr. Madoff was arrested and confessed to a $50 billion Ponzi scheme. She lost the money† (The Wall Street Journal 1). From this analysis, we see that, it is very important for investors to have a risk management plan to safeguard their investments in the stock market. Undertaking this initiative would also reduce the chances of investment companies collapsing with investors’ funds Also, from the previous analysis of Madoff’s operational strategies, we can establish that, Madoff investment managed to hide its fi nancial fraud because of the ties it had with independent institutions that were supposed to investigate it. For instance, there were concerns voiced to the securities exchange commission about Madofff investments and its allegations of making excessive profits, without justifying its means (Binyamin 1). Such concerns were not effectively addressed, probably because Madoff’s family had substantial influence on the Securities exchange council. In this regard, it is important to establish that, institutions mandated to investigate investment firms should have complete autonomy from personal interests among investment companies. In other words, persons deemed to have conflicting interests in the running of such independent institutions should not be allowed to sit in their boards. If such a strategy was initially adopted, Madoff investment would not find it easy to cover up the scandal. Finally, though Madoff investments were a private entity, it should not be allowed to operate in a lot of secrecy, especially when the interest of the public is in question. In this regard, a policy should be introduced to legally require such companies to make public their financial statements (if the interest of the public is in question). This minimizes the chances of companies hiding illegal activities. Conclusion This study establishes that, the Madoff scandal thrived because of several weaknesses of system. The fact that Madoff had a lot of influence in the activities of the security exchange commission and Securities industry and Financial Market Association, posed a barrier to effective investigation of the activities of Madoff investment firm. Furthermore, the secrecy in which the company operated created a sense of misinformation among the company’s investors and no one knew the formula used by the company to generate â€Å"strange† profits. To this extent, this study proposes several policy changes to increase the independence of independent institu tions in the running of the stock market, plus remedial actions to improve the transparency of private institutions. On a personal level, this study proposes to investors that effective risk management strategies ought to be practiced whenever investors transact in the stock exchange. A combination of these efforts would minimize the occurrence of financial frauds in the stock market. Works Cited Binyamin, Appelbaum. All Just One Big Lie. 13 December. 2008. Web. http://www.washingtonpost.com/wpdyn/content/article/2008/12/12/AR2008121203970.html?hpid=topnews Brown, Rebecca. How The Madoff Investment Scandal Was Uncovered. May. 2009. Web. http://www.articlesbase.com/law-articles/how-the-madoff-investment-scandal-was-uncovered-927189.html#axzz4x9xbWBIg Chernoff, Allan. What drove Bernie Madoff. 5 January. 2009. Web. http://money.cnn.com/2008/12/26/news/companies/understanding_Madoff/?postversion=2008122608 Jerusalem Post. Madoff Investment Scandal. nd. 2011. Web. http://www.jpost.com/t opic/Madoff_investment_scandal Marketing Doctor. Learning From A Ponzi Scheme – Madoff Knew His Target Market. 18 December. 2008. Web. http://blog.marketingdoctor.tv/2008/12/18/marketing-advisory-madoff-knew-his-target-market.aspx Picerno, Jim. The Madoff Scandal: What Are the Lessons Learned? 23 December. 2008. Web. Http://Www.Greenfaucet.Com/?Q=Node/4971 Shedlock, Mike. Biggest Fraud in History $50 billion Madoff Ponzi Scheme. 13 December. 2008. Web. http://www.marketoracle.co.uk/Article7769.html Tavakoli, Janet. Madoff Deserves Lots of Company. 9 March. 2009. Web. http://www.tavakolistructuredfinance.com/TSF11.html The Opinion leaders. Lessons from the Madoff Scandal: Deciding Which Funds Are  Worth an Investment. 30 December. 2008. Web. http://seekingalpha.com/article/112568-lessons-from-the-madoff-scandal-deciding-which-funds-are-worth-an-investment The Wall Street Journal. The Madoff Case: A Timeline. 12 March. 2009. Web. http://online.wsj.com/article/SB11296695423127 2304.html?mod=googlenews_wsj This research paper on Madoff Investment Security LLC Company was written and submitted by user Amber K. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Summary about Romanesque architecture period

Summary about Romanesque architecture period Romanesque architecture period is one of the most cherished periods in the history of architecture. During this period, several buildings were constructed which have remained fascinating in Europe and attractive to people around the world. This essay gives a summary of the Romanesque architecture period, highlighting some of the major events which took place during this period including historic buildings and structures which continue to symbolize this period today.Advertising We will write a custom essay sample on Summary about Romanesque architecture period specifically for you for only $16.05 $11/page Learn More According to historic findings and recordings, Romanesque architecture thrived during the Medieval or Middle Ages and was highly associated with Normans. In general, Romanesque architecture usually refers to structures which were constructed and used from 800 AD to 1100 AD (Sacred Destinations 1). It has arguably been mentioned that this type of a rchitecture generates major confusion as it relates closely to the architectural designs during the Roman Empire. Notably, Romanesque architecture was originally designed by the Normans after the fall of the Roman Empire. Of importance is the fact that the history of Romanesque architecture was primarily linked to the dedication of people to religion, a fact that resulted into the construction of several churches in England which adopted Romanesque design. Many people who visited the Holy Land admired magnificent architectural work done by the Byzantine Empire. This admiration caused a revolution in architecture, castle building ideas and engineering during the Romanesque architecture period (Browne 4). As mentioned above, the existing interest in religion during Romanesque time necessitated construction of buildings which could conveniently accommodate huge crowds in places like Santiago. Due to huge crowds flocking these places, basilicas were unable to hold them resulting into th e need to have the buildings designed to have the shape of a cross. Additionally, architects adopted this design because they wanted to do away with wood as the main construction material (Castles 1). They therefore began using stones, groin and barrel vaults to make ceilings for most of the churches. Although this was adopted, ceiling weight overpowered walls forcing architects to pile stones along the walls for the purpose of supporting them and preventing them from being pushed outward. Alternatively, architectures opted to use thick walls which could withstand the heavy weight of ceilings emanating from ceiling stones. This resulted into the use of small windows, making the interior of most churches to be dim (Sacred Destinations 1).Advertising Looking for essay on architecture? Let's see if we can help you! Get your first paper with 15% OFF Learn More Moreover, the Romanesque architecture period has been referred to as the Age of Monasticism during which monastic homes became common as they attracted the attention of religious people and scholars. This period also coincided with the Crusades Age when Christians were determined to restore freedom for Holy Lands (Castles 1). These events promoted economic growth through trade, construction of infrastructure like roads and the expansion of the construction industry to meet extra demand for buildings. In analyzing this period, Norman is also considered as one of the most significant modifications of the Romanesque architecture in Normandy, France. It is believed that the interior of St. Etienne clearly illustrates evidence why Norman architecture remains the most advanced construction design of the period (Sacred Destinations 1). Its interior displays a complex design depicting the Gothic style of construction. Notably, the round Roman arch is gives the main difference between Gothic designs and Romanesque architecture. Although there were other construction styles, Romanesque architec ture influenced construction engineers across Europe. This was common in the construction of churches in England which were later converted into cathedrals (Sacred Destinations 1). Even though a good number of the cathedrals were constructed in different ways, Norman styles were also applied especially in the nave arcades. It is important to mention that the Gothic arches of Winchester Cathedral were developed from Norman piers curved by masonries. This was also witnessed in parts of Italy where churches like the Florence Cathedral was built based on the Gothic style (Castles 1). It comprised of the sturdy columns which portrayed a tailored version of the Corinthians. Architects made use of the pointed vault as it was used together with the semicircular arches. Based on this assumption, many analysts have argued that most facades of Gothic churches in parts of Italy are almost indistinguishable from Romanesque as they have a wide range of similarities. Similarly, the Romanesque peri od was an important time that led to defensive architecture manifested through design and architecture in most parts of Europe. Although these architectural designs were common to churches and monastic buildings, it extended to castles and other buildings during the same period (Sacred Destinations 1). Despite the fact that most of these buildings have been ruined throughout history as a result of war and politics, there are some which have remained intact. A good example is the White Tower found within the Tower of London, constructed by William the Conqueror as his stronghold and residence (Castles 1). In parts of Germany, palaces were mainly built for bishops and rulers as wealthy merchants used Romanesque architecture to build their homes in towns.Advertising We will write a custom essay sample on Summary about Romanesque architecture period specifically for you for only $16.05 $11/page Learn More Based on the above analysis, it is evident that Romanesq ue architecture period was a significant time in the history of several architectural designs. The influence of this period has remained evident from buildings around the world which were constructed during this period. Browne, Edith. Romanesque Architecture. Whitefish, Montana: Kessinger Publishing, 2005. Print. Castles. Romanesque Architecture. Castles, 2011. Web. ancientfortresses.org/romanesque-architecture.htm. Sacred Destinations. Romanesque Architecture. Sacred Destinations, 2011. Web.

Professional ethics Essay Example | Topics and Well Written Essays - 500 words

Professional ethics - Essay Example The professional ethics usually go in line with the moral ethics, placing expectations to the members of the profession to act in a morally permissible manner. Examples of common professional ethics that cut across all professions include loyalty, transparency, integrity, honesty, among others. Some professionals such as medical practitioners have their own universal code of ethics which are observed world-wide by all the members of that profession. All medical doctors have to abide to the ‘Hippocratic oath’, which is their universal form of professional ethics. Professional ethics are very important not only for the professionals but also for the members of the public. They place some responsibilities on members of a certain profession in line with the training and expectations of the society from the professions. For example, professional ethics of a police officer give him or her responsibility of maintaining law and order, preventing crime and ensuring the general wellbeing of the society. It would thus be against the professional ethics of a police officer if a crime is committed in his presence and the officer does not respond to the situation. On the contrary, an ordinary citizen or member of another profession who has no training in law enforcement will not be held responsible for being unable to stop a crime in progress as that is not his/her responsibility. Professional ethics also aid in ensuring optimum service delivery by members of a profession by maintaining discipline within the profession. For example, professional ethics expect members of a profession always to strive to deliver as per the main objectives of the profession without looking at monetary gain. This means that for one to be a member of a given profession, he or she must have a passion and will to serve the people as per what the society expects of them without looking at how much he/she will gain from doing so. For example, it is professional ethics that