A Raisin in the Sun †2 Free Essays

In A Raisin in the Sun by Lorraine Hansberry, Beneatha needs to get familiar with her legacy. She needs to draw nearer to her underlying foundations, and find out about it. The line, â€Å"How can something regular be offbeat? † (Hansberry 80 Act two Scene 1), flaunts a cautious tone. We will compose a custom exposition test on A Raisin in the Sun †2 or then again any comparative point just for you Request Now This statement is said after George reveals to her that her normal hair looks whimsical. Her preventiveness over her hair demonstrates her assurance to be in contact with her legacy. Beneatha trim her hair since she thought it was excessively Caucasian looking. By Beneatha doing this it gives her assurance. Beneatha, notwithstanding, isn't the main individual earnestly. Ruth, much the same as Beneatha, has assurance. Ruth has the assurance to hold her family in line, and to do what is best for them. Ruth, alongside assurance, has being solid as a character characteristic. She is anticipating another infant, and is concluding whether to get a premature birth or to keep the infant. â€Å"When the world gets terrible enoughâ€a lady will do anything for her family. The part that’s as of now living† (Hansberry 75 Act 1 Scene 2). Mother says this regarding Ruth to Walter when she figures ruth will dispose of the infant by getting a fetus removal. By considering and settling on this choice it shows Ruth’s assurance and how solid she is. Similarly as Mama stated, a lady will take the necessary steps for her family. Later on in the play Ruth chooses to keep the child and not get the premature birth. Walter has assurance, just as willfulness. Hardheadedness is a type of a solid character attribute. Walter must be quite solid willed to be as obstinate as he is with needing to open an alcohol store with a portion of his mates. As a result of Walter’s difficult assurance, he has been quarreling with Ruth over opening an alcohol store with his amigos. He anticipates opening it with the protection cash that Mama is getting. Ruth and Mama both don't imagine that it is a smart thought. Walter knows this and in this manner after realizing this his willfulness appears. â€Å"Man state to his lady: I got me a fantasy. His lady state: Eat your eggs† (Hansberry 33 Act 1 Scene 1). In this piece of the play Walter is informing Ruth regarding his plan to open the alcohol store, yet Ruth won't hear him out. Walter understands this and begins to get somewhat protective and obstinate about it. In this manner beginning to some degree a battle with Ruth. His protectiveness over his fantasy shows his assurance. Much the same as Beneatha, Ruth and Walter, Mama has assurance too. Mother needs to keep the family together. She doesn't need the family to continue battling. As a result of this assurance to shield the family from battling, and to keep them together, she goes out and purchases a house with her protection cash that is in Clybourne Park. At the point when Walter discovers he is vexed about it. Sonâ€youâ€you comprehend what I done, don’t you? Iâ€I just observed my family self-destructing today†¦ We couldn’t of gone on like we was today. We was going in reverse ‘stead of forwardsâ€talking ’bout murdering children and wishing each other was dead†¦ When it gets like that in lifeâ€you just got the opportunity to accomplish something bigge r†¦ † (Hansberry 94 Act 2 Scene 1). In this statement Mama is attempting to clarify why she did what she did to Walter. This statement shows Mama’s energy and her assurance to shield her family from self-destructing. Everybody has assurance. In A Rasin in the Sun by Lorraine Hansberry; Mama, Ruth, Walter, and Beneatha all have a novel assurance. Mother and Ruth both have assurance to shield their family from self-destructing. The two of them need what is best for the family. Beneatha was resolved to become familiar with her legacy. Walter was resolved to open an alcohol store. Before the finish of the play everything was settled and worked out. Ruth had chosen to keep the infant, and they all chose to move into the house in Clybourne Park. It was an upbeat completion for the extremely decided Younger family. The most effective method to refer to A Raisin in the Sun †2, Essay models

History of bootlegging Essay Example for Free

History of bootlegging Essay 1. Foundation on Bootlegging It has been said that â€Å"at its genuine level music has a place with everyone†. To guarantee responsibility for has been the subject of much examination since music, all things considered, is accessible to every person through our feeling of hearing. Keeping up control or ownership of â€Å"our† music isn't as obvious as dispensing our privileges to our territory or property. To tune in to a tune another person has composed, for example, doesn't really establish taking or intruding on somebody else’s property. The most ideal approach to guarantee our privilege and title over our melodic manifestations is to get a copyright over the first piece. However it isn't remarkable for an audience or a music sweetheart or fan to record a main tune or an especially vital show joined in. Individuals record melodies, shows, and recordings and save such accounts for individual use, or make duplicates thereof to provide for their companions. Tunes and recordings are additionally effectively downloaded from the Internet. Fans additionally record various tunes and exhibitions, from various collections or shows, into one CD or online play rundown to make their very own assortment. The issue is when such accounts are disseminated and sold for benefit without the craftsman and the record company’s assent. For the most part, copyright infringement including melodic manifestations might be recognized into three distinct sorts : 1) proficient fake chronicles (unapproved duplication of sound and fine art) 2) proficient privateer accounts (unapproved duplication of the sound, however with unique work of art, typically sold as â€Å"greatest hits† aggregations 3) contraband chronicles (unapproved recording of live exhibitions) Bootlegging, as it was customarily characterized, includes â€Å"the unlawful appropriation or creation of alcohol and other exceptionally burdened goods† In the 1920s, the United States had a Prohibition against liquor, therefore individuals turned to bootlegging, or purchasing and selling an illicit item, from racketeers. Composed wrongdoing comprising of packs and mobsters in Chicago and New York, for example, Al Capone, were profoundly associated with bootlegging. In the music business, music bootlegging includes the taking and exchanging of unapproved live chronicles of live melodic entertainers either from show or studio outtakes. Contraband music collections are accounts moved from tape to vinyl or CD. They become a contraband item when a racketeer attempts to make a curio or when a non-business recording is changed into a business item as a LP or a CD. Contraband chronicles are generally managed without the artist’s assent ; in any case, making an account of a show isn't unlawful in essence. Albeit an individual can't legitimately record a formally discharge CD or tape on to a clear tape, the person may make an unapproved recording of a show and save it for individual use. Nonetheless, the offer of such an account is considered illegal. The issues with bootlegging is that it forestalls the craftsman and the record organization from keeping up quality authority over their item , and it keeps them from gathering their eminences on their right side to their music. 2. Changes in Copyright Laws Copyright is characterized as â€Å"a type of security gave by the laws of the United States (title 17, U. S. Code) to the creators of ‘original works of authorship’† . The U. S. has passed noteworthy copyright laws to secure an artist’s right to their unique manifestations. These manifestations incorporate melodic works, however scholarly, sensational, aesthetic and certain scholarly manifestations. The U. S. Constitution itself gives that â€Å"the Congress will have power†¦ to advance the advancement of science and helpful expressions, by making sure about for restricted occasions to writers and innovators the select right to their individual compositions and disclosures. † The State along these lines permits Congress to pass copyright laws to secure an artist’s rights to their melodic manifestations. The U. S. Copyright Act was changed in 1976 with the goal that it presently covers new innovative headways and stretched out the term of security to cover the life of the creator in addition to 70 additional years. Copyright laws permit the creator, craftsman, or whoever holds the copyright to a creation to sue the individuals who encroach on their copyrights for harms. The complainant needs to demonstrate encroachment of copyright by a) demonstrating responsibility for copyright and b) replicating by the infringer-respondent. In consistence with its Constitutional order of securing unique works of origin, the Congress has passed a few laws concerning music copyright encroachment, theft and bootlegging. A portion of the pertinent laws will be talked about in this segment. The Audio Home Recording Act permits music retailers to sell all simple and advanced chronicle designs. It likewise gives a purchaser the option to utilize such chronicles gave such use is to non-business purposes, and in such cases, no copyright encroachment claim might be brought against a buyer. The customer and retailer is likewise excluded from making sovereignty installments on advanced sound account gadgets and media; the weight falls on U. S. makers and shippers just who must compensation for computerized sound gadgets structured or advertised fundamentally for making advanced sound accounts for private use, regardless of whether these are consolidated in some other gadget. These sovereignty installments are controlled and checked by the U. S. Register of Copyrights and the Librarian of Congress, with the returns split between the included craftsmen and the record organization, or between the musicians and music distributers, contingent upon the conditions. Melodic craftsmen or performers in this manner get sovereignties which depend on record deals and airplay during a recommended period. The U. S. is additionally a signatory of both the World Intellectual Property Organization Copyright Treaty and the Performances and Phonograms Treaty. As per these universal understandings, the U. S. Congress passed the Digital Millennium Copyright Act which makes it a wrongdoing to a wrongdoing to dodge hostile to theft estimates incorporated with a large number of today’s business programming and even most music CDs. The Act additionally confines the copyright encroachment obligation of ISPs for transmitting data over the Internet, yet requires that ISPs evacuate copyright encroachment materials found in users’ sites. In spite of authoritative acts and proposed charges by benevolent individuals from the U. S. Congress, and law set somewhere around the U. S. Preeminent Court, infringers despite everything discover a method of getting around copyright laws by conjuring the â€Å"fair use† precept. The U. S. Code gives that people in general is qualified for the â€Å"fair use† of copyrighted material. â€Å"Fair use† is â€Å"a benefit to utilize copyrighted material in a sensible way without assent, despite the copyright imposing business model conceded to the proprietor. † A copyrighted unique creation might be duplicated for reasons for analysis, news announcing, remark, instructing, grant and research. The Code further gives that there are four factors in deciding if there is â€Å"fair use† of a copyrighted material or not : 1) the reason and character of the utilization, including whether such use is of business nature or is for charitable instructive purposes ) the idea of the copyrighted work itself 3) the extent and generosity of the copyrighted work really utilized without power 4) the potential financial inconvenience on the estimation of the work brought about by such unapproved use thereof. What makes it particularly hard to authorize the copyright is that data is so promptly accessible through the Internet. As music is downloaded kindness of advanced innovation, customers are going to the Internet to get their music as opposed to going out to music stores to purchase the CDs. Bootlegged collections are additionally effectively transmitted and shared through the Internet. Advanced innovation permits customer to imitate indistinguishable duplicates of computerized music records, most ordinarily in pressure arrangements, for example, MP3s. Such computerized headways not just make ready for progressively across the board bootlegging, however for music theft too. 3. Headways in Piracy Technology: File Sharing Piracy, as prior talked about, is separated from bootlegging in that the previous include the unapproved duplication of the sound, however with unique craftsmanship. Robbery includes the propagation and appropriation of duplicates of unique chronicles. Progressions in advanced innovation have permitted music theft to create at a disturbing rate. MP3s empower buyers to pack digitized music into littler documents, while tearing programming permits them to duplicate music from CDs, store these on their hard drives, and afterward convert these records into compacted positions. Computerized document proliferation gadgets, similar to CD players, thusly permit shoppers to compose these records into a CD and basically make their own collections and gatherings of copyrighted manifestations. Distributed (P2P) systems have additionally permitted expanded music scattering, just as record sharing, as presented by the scandalous Napster programming organization. P2P arranges fundamentally offer clients to get to the hard drives of different clients anyplace on the planet by the establishment of a bit of programming. These systems permit clients to look, duplicate and move music documents ordinarily through MP3 records. After Napster, ensuing P2P systems variant, as KaZaA and Grokstar, which are by and large known as the FastTrack suppliers, permit clients to get to different individual PCs as opposed to getting to only one single, brought together database of music records. The computerized sound workstation (DAW) then again, permits clients to enjoy â€Å"sampling† †unique music accounts, changed over from simple to advanced organization, which clients can import, cut, duplicate, layer and

How To Write A Strong Thesis Statement

How To Write A Strong Thesis Statement EP 34: How To Write A Strong Thesis Statement EP 34: How To Write A Strong Thesis Statement Have you ever read the introduction to an essay and asked, So what? This is likely because it did not have a strong thesis statement. This week Cath Anne will walk you through the process of writing a strong thesis statement and then give you 3 tips on how to take your thesis statement to the next level! Join us on Episode 34! Looking for study tips, help with essay writing, or advice on how to be a better student? Welcome to The Homework Help Show, a weekly show where we teach, assist, and offer valuable insights for student life. From study hacks to writing tips, discussions about student mental health to step-by-step guides on academic writing and how to write a resume, weve got you covered. Want your questions answered? Write them below or join the conversation on social media using the hashtag #askHHG TRANSCRIPT: Cath Anne: [00:00:05] Hi there and welcome back to our channel. My name is Cath Anne and this is Episode 34 of The Homework Help Show. On The Homework Help Show we provide you with valuable content for your academic and student life. Just a quick reminder before we do jump into the content for today. Join me every Monday at 7:00p.m. Eastern Standard Time on Instagram live. I will check in and have a little chat and remind you guys to check out our upcoming videos. Love to see you guys there. Cath Anne: [00:00:40] This week we will be reviewing how to take your thesis statement to the next level. If youre interested, we reviewed how to write an effective thesis statement in Episode 3 of The Homework Help Show. So, check that out. We will link it in the description box below. This week we will review the fundamentals of writing a thesis statement and then I will give you three steps to take your thesis statement to the next level. Oh yeah, and we might talk a little bit about pizza. Cath Anne: [00:01:13] What? Wait for it. Okay lets get started. Cath Anne: [00:01:19] Have you ever read the opening paragraph of a paper and asked, So what? If so this is probably because the paper didnt have an effective statement. Thesis statement. Dont underestimate the value of a good thesis statement. It tells your reader what to expect and what youll be arguing throughout the course of your paper. Cath Anne: [00:01:42] Okay, so how do we write a goods thesis statement? This is where we talk about pizza. Cath Anne: [00:01:50] Step number 1: pick a topic. To write an effective thesis statement you first need a topic for your paper. Todays topic pizza! Now that you have a topic for your paper. Think about what you want to discuss. Cath Anne: [00:02:08] This is where you start to begin to develop your thesis statement. Cath Anne: [00:02:13] Step number 2: Be specific. Lets begin to develop some ideas about pizza. Cath Anne: [00:02:23] A lot of people love pizza. The problem with this thesis is that its not very specific. Can we make it more specific by asking, who eats pizza? Why do they eat pizza? Who loves pizza? And why do they love it? Cath Anne: [00:02:42] Lets get more specific. University students love pizza because most pizza places deliver. Thats a bit better but readers are still going to ask, So what?. You really want to make sure that people care about your pizza argument. [00:03:07] So, lets keep trying. You havent yet included your opinion about pizza and we all know you love pizza. [00:03:17] Step 3: be arguable. The most recent revision, University students love pizza because most places deliver does not argue anything. It just states of fact. Think about how you can create an argument about pizza. What is it that you want to say about pizza? Imagine that youve been cramming all night at the library and you decide to order some food with your friends. One of your friends suggests McDonalds and you feel very strongly that you should order pizza. [00:03:56] How would you convince them to order pizza? Lets try another revision. University students love pizza because its convenient. Now were getting a little bit closer. We have a specific statement, and it makes an arguable point. We are still missing some information though, it doesnt explain why it is convenient and it doesnt tell the reader the key points of the paper. [00:04:29] Moving on to Step 4: create a mini outline of the paper. A thesis statement will provide readers with a clear outline of what they can expect in the remainder of the paper. When readers see the thesis statement as is, they will understand the subject and the argument. But they wont know what to expect in the remainder of your paper. [00:04:53] Lets do another revision. University students like pizza because it is convenient, healthy, and cheap. [00:05:05] This thesis statement seems pretty good, right? It includes a topic. The point is arguable. It gives a mini outline of what to expect. [00:05:17] However, the wording is not appropriate for an academic paper. You still have to revise and make sure that it is clear and academically appropriate. [00:05:29] Step 5: choose the right words. Were almost finished, I promise. Lets look at the thesis statement as is: University students like pizza because it is convenient, healthy, and cheap. [00:05:46] Ask yourself these questions to refine your thesis statement: [00:05:51] Do all students like pizza? Are the words cheap and healthy the most effective words to get your point across? [00:06:01] Lets try another revision. Many university students love pizza because it is budget friendly, convenient, and a relatively healthy option. Now thats a thesis statement. It includes a topic. Your argument. It is clear specific, arguable and it provides the reader with a mini outline of your paper and of course now it is worded effectively. That thesis statement deserves celebration. Lets order some pizza. [00:06:42] Okay, while we wait for the pizza, we have written an effective thesis statement. Now, lets talk about three ways to take your statement to the next level. Make sure you do your research prior to writing a thesis statement. Being familiar with the information out there well help you to find a legitimate argument and be familiar with the topic that youre discussing. It will make it way easier for you to write an effective thesis statement. Dont bury your thesis statement in the body of your first paragraph. You wanted to be at least the second to last sentence or the very last sentence in your introduction paragraph. Finally be creative and use your own words when you copy another persons opinion or argument you are risking the chance of plagiarism. Writing a well crafted original thesis statement will get you good points with your professor and make you stand out as a student. [00:07:56] Okay. So, I hope that was a benefit to you. I dont want to hold you up. Youre probably waiting for your pizza. If you do have any questions, please let me know in the comments below. If you want to listen to any more of our content, weve also linked all of our social media platforms in the description box. Definitely check those out. If you did like this video, please give it a thumbs up and make sure you subscribe to your channel so you can stay in the loop. Thats it for this week guys. I hope to talk to you soon. I hope this is a benefit. Take care. How To Write A Strong Thesis Statement EP 34: How To Write A Strong Thesis Statement EP 34: How To Write A Strong Thesis Statement Have you ever read the introduction to an essay and asked, So what? This is likely because it did not have a strong thesis statement. This week Cath Anne will walk you through the process of writing a strong thesis statement and then give you 3 tips on how to take your thesis statement to the next level! Join us on Episode 34! Looking for study tips, help with essay writing, or advice on how to be a better student? Welcome to The Homework Help Show, a weekly show where we teach, assist, and offer valuable insights for student life. From study hacks to writing tips, discussions about student mental health to step-by-step guides on academic writing and how to write a resume, weve got you covered. Want your questions answered? Write them below or join the conversation on social media using the hashtag #askHHG TRANSCRIPT: Cath Anne: [00:00:05] Hi there and welcome back to our channel. My name is Cath Anne and this is Episode 34 of The Homework Help Show. On The Homework Help Show we provide you with valuable content for your academic and student life. Just a quick reminder before we do jump into the content for today. Join me every Monday at 7:00p.m. Eastern Standard Time on Instagram live. I will check in and have a little chat and remind you guys to check out our upcoming videos. Love to see you guys there. Cath Anne: [00:00:40] This week we will be reviewing how to take your thesis statement to the next level. If youre interested, we reviewed how to write an effective thesis statement in Episode 3 of The Homework Help Show. So, check that out. We will link it in the description box below. This week we will review the fundamentals of writing a thesis statement and then I will give you three steps to take your thesis statement to the next level. Oh yeah, and we might talk a little bit about pizza. Cath Anne: [00:01:13] What? Wait for it. Okay lets get started. Cath Anne: [00:01:19] Have you ever read the opening paragraph of a paper and asked, So what? If so this is probably because the paper didnt have an effective statement. Thesis statement. Dont underestimate the value of a good thesis statement. It tells your reader what to expect and what youll be arguing throughout the course of your paper. Cath Anne: [00:01:42] Okay, so how do we write a goods thesis statement? This is where we talk about pizza. Cath Anne: [00:01:50] Step number 1: pick a topic. To write an effective thesis statement you first need a topic for your paper. Todays topic pizza! Now that you have a topic for your paper. Think about what you want to discuss. Cath Anne: [00:02:08] This is where you start to begin to develop your thesis statement. Cath Anne: [00:02:13] Step number 2: Be specific. Lets begin to develop some ideas about pizza. Cath Anne: [00:02:23] A lot of people love pizza. The problem with this thesis is that its not very specific. Can we make it more specific by asking, who eats pizza? Why do they eat pizza? Who loves pizza? And why do they love it? Cath Anne: [00:02:42] Lets get more specific. University students love pizza because most pizza places deliver. Thats a bit better but readers are still going to ask, So what?. You really want to make sure that people care about your pizza argument. [00:03:07] So, lets keep trying. You havent yet included your opinion about pizza and we all know you love pizza. [00:03:17] Step 3: be arguable. The most recent revision, University students love pizza because most places deliver does not argue anything. It just states of fact. Think about how you can create an argument about pizza. What is it that you want to say about pizza? Imagine that youve been cramming all night at the library and you decide to order some food with your friends. One of your friends suggests McDonalds and you feel very strongly that you should order pizza. [00:03:56] How would you convince them to order pizza? Lets try another revision. University students love pizza because its convenient. Now were getting a little bit closer. We have a specific statement, and it makes an arguable point. We are still missing some information though, it doesnt explain why it is convenient and it doesnt tell the reader the key points of the paper. [00:04:29] Moving on to Step 4: create a mini outline of the paper. A thesis statement will provide readers with a clear outline of what they can expect in the remainder of the paper. When readers see the thesis statement as is, they will understand the subject and the argument. But they wont know what to expect in the remainder of your paper. [00:04:53] Lets do another revision. University students like pizza because it is convenient, healthy, and cheap. [00:05:05] This thesis statement seems pretty good, right? It includes a topic. The point is arguable. It gives a mini outline of what to expect. [00:05:17] However, the wording is not appropriate for an academic paper. You still have to revise and make sure that it is clear and academically appropriate. [00:05:29] Step 5: choose the right words. Were almost finished, I promise. Lets look at the thesis statement as is: University students like pizza because it is convenient, healthy, and cheap. [00:05:46] Ask yourself these questions to refine your thesis statement: [00:05:51] Do all students like pizza? Are the words cheap and healthy the most effective words to get your point across? [00:06:01] Lets try another revision. Many university students love pizza because it is budget friendly, convenient, and a relatively healthy option. Now thats a thesis statement. It includes a topic. Your argument. It is clear specific, arguable and it provides the reader with a mini outline of your paper and of course now it is worded effectively. That thesis statement deserves celebration. Lets order some pizza. [00:06:42] Okay, while we wait for the pizza, we have written an effective thesis statement. Now, lets talk about three ways to take your statement to the next level. Make sure you do your research prior to writing a thesis statement. Being familiar with the information out there well help you to find a legitimate argument and be familiar with the topic that youre discussing. It will make it way easier for you to write an effective thesis statement. Dont bury your thesis statement in the body of your first paragraph. You wanted to be at least the second to last sentence or the very last sentence in your introduction paragraph. Finally be creative and use your own words when you copy another persons opinion or argument you are risking the chance of plagiarism. Writing a well crafted original thesis statement will get you good points with your professor and make you stand out as a student. [00:07:56] Okay. So, I hope that was a benefit to you. I dont want to hold you up. Youre probably waiting for your pizza. If you do have any questions, please let me know in the comments below. If you want to listen to any more of our content, weve also linked all of our social media platforms in the description box. Definitely check those out. If you did like this video, please give it a thumbs up and make sure you subscribe to your channel so you can stay in the loop. Thats it for this week guys. I hope to talk to you soon. I hope this is a benefit. Take care.

Identity In The Handmaids Tale by Margaret Atwood and The...

Identity In The Handmaids Tale by Margaret Atwood and The Remains of the Day by Kazuo Ishiguro The Remains of The Day and The Handmaids Tale are two novels from opposing ends of the fictional literature spectrum. On one side we have THT a novel set within a dystopian future using relationships between characters to emphasise the strictness of the regime currently being operated in Gilead most fitting would the relationship between The Commander and Offred. In a totally different end of the metaphorical literature spectrum we have TROTD which sets its main characters†¦show more content†¦Harvard university in Boston, Massachusetts where the dreaded wall offers its sick service just outside the campus) where men are in charge of society using women plainly for reproductive purposes therefore being a patriarchal orientated society. Again with Steven s we also have this male dominated hierarchal society but its entirely circled around a single most significant symbol, as we see that Stevens applies the same standards of greatness to the landscape of England as he does to himself. He feels that this English landscape is beautiful due to its restraint, calm, and lack of spectacle-the same qualities Stevens successfully cultivates in his own life as a butler aspiring to greatness. This use of setting in both novels is important as it gives Stevens and Offred noticeably pressuring conditions in which their relationships must triumph, blossom and most importantly evade. TROTD tells the story of an elderly English butler named Stevens as he confronts disillusionment through a recalled life spent in service with his long remembered memories viewed against a backdrop of war and the rise of Fascism. THT Offred is a handmaid in the Republic of Gilead, a totalitarian and theocratic state that has replaced the United States of America. Because of dangerously low reproduction rates, Handmaids are assigned to bear children for elite couples that have troubleShow MoreRelatedA Postmodernist/Posthumanist Reading of Kazuo Ishiguro’s, Never Let Me Go Using Fredric Jameson’s Theory of Postmodernism and Late Capitalism.4659 Words   |  19 PagesA Postmodernist/Posthumanist reading of Kazuo Ishiguro’s, Never Let Me Go using Fredric Jameson’s theory of Postmodernism and Late Capitalism. Posthumanism neologism is used to describe what comes after humanism and the question of what it means to be human. It is often and most frequently used to describe a dystopian life form that is created and crafted by humans themselves. Posthumanism is not to be confused with postmodernism, although their paths do cross intrinsically throughout this essay

Sample of Nursing Health History - 1063 Words

Nursing Health History Nursing health history is the first part and one of the mostsignificant aspects in case studies. It is a systematic collection ofsubjective and objective data, ordering and a step-by-step processinculcating detailed information in determining client’s history, healthstatus, functional status and coping pattern. These vital informationsprovide a conceptual baseline data utilized in developing nursingdiagnosis, subsequent plans for individualized care and for the nursingprocess application as a whole. In keeping the private life of my patient and in maintaining confidentiality, let me hide for with the pseudonym of Patient B. Patient B was born on December 19, 1992. She didn’t know herparents but she has relatives†¦show more content†¦A thorough record of relevant dates is important in determining relevance of past illnesses or events to the patient s current condition. Past and current medical history includes details on medicines taken by the patient, as well asallergies, illness, hospitalizations, procedures, pregnancies, environmental factors such as exposure to toxins or carcinogens, and health maintenance habits such as self breast examination or immunizations. An example of a line of questioning might be: †¢ How are your ears? †¢ Are you having any trouble hearing? †¢ Have you ever had any trouble with your ears or with your hearing? If the patient indicates a history of auditory difficulties, this would prompt further questions about medicines, surgeries, procedures, or associated problems related to their current or past condition. 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As a healthcare providerRead MoreNurse Patient Ratio1710 Words   |  7 PagesPresently in the health care field there is a push for safe nurse to patient ratios in acute care settings to provide quality and safe practices that will reduce the risk of complications and adverse effects as the acuity of patients continue to increase. As patients are staying in acute care facilities for less time, resulting in the need for continued care after discharge. The fluctuation of higher rates of acuity of patients in the skilled nursing facilities and nursing home setting is placingRead MoreAnnotated Bibliography : Dependability And Transferability966 Words   |  4 PagesDependability and Transferability No sample questions were revealed. It would have been beneficial to evaluate dependability if it was identified which input from the subjects required follow-up questions or when did the unstructured interview reach saturation. 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According to Ricci (2013), â€Å"Preeclampsia can be described as aRead MoreNurse : A Nurse As A Person Who Is Trained For Care For Sick Or Injured People?1118 Words   |  5 Pagesusually works in a hospital or doctor s office. This definition is a limited view of nursing means; a nurse is more than just a trained person that takes cares of a sick person (Nurse, n.d). What are the specific responsibilities for the role of the RN? †¢ Looks at health history of a patient and takes vital signs- during the start of a visit the nurse may have you fill out a questioner or may ask your health related questions. They will also take the vital signs and report any irregularity to the

Victorian Age Free Essays

string(130) " a mother the right to petition the court for access to her minor children and custody of children under seven and later sixteen\." The Victorian Age 1832-1900 Even idleness is eager now, eager for amusement; prone to excursion-trains, artmuseums, periodical literature, and exciting novels. (George Eliot) General Info About the Time †¢ Enormous changes occurred in political and social life in England and the rest of the world †¢ The scientific and technical innovations of the Industrial Revolution, the emergence of modern nationalism, and the European colonization of much of Africa, the Middle East, and the Far East changed most of Europe †¢ Far-reaching new ideas created the greatest outpouring of literary production the world has ever seen A Time of Change †¢ London becomes most important city in Europe †¢ Population of London expands from two million to six million †¢ Shift from ownership of land to modern urban economy †¢ Impact of industrialism †¢ Increase in wealth †¢ World’s foremost imperial power †¢ Victorian people suffered from anxiety, a sense of being displaced persons in an age of technological advances. Queen Victoria (1819-1901) Reign: 1837-1901 †¢ The longest reign in British history †¢ Became queen at the age of 18; graceful and self-assured had a gift for drawing and painting †¢ Throughout her reign, she maintained a sense of dignity and decorum that estored the average person’s high opinion of the monarchy after a series of horrible, ineffective leaders †¢ 1840-Victoria married a German prince, Albert, who became not king, but Prince-consort †¢ After he died in 1861, she sank into a deep depression and wore black every day for the rest of her life The Growth of the British Empire †¢ England grew to become the greatest nation on earth †¢ Empire included Canada, Australia, New Zealand, Hong Kong, Singapore, South Africa, Kenya, and India †¢ England built a very large navy and merchant fleet (for trade and colonization) †¢ Imported raw materials such as cotton and silk nd exported finished goods to countries around the world †¢ By the mid-1800s, England was the largest exporter and importer of goods in the world. We will write a custom essay sample on Victorian Age or any similar topic only for you Order Now It was the primary manufacturer of goods and the wealthiest country in the world †¢ Because of England’s success, they felt it was their duty to bring English values, laws, customs, and religion to the ? savage? races around the world The Early Victorian Period 1830-1848 †¢ In 1830, the Liverpool and Manchester Railway opened, the first public railway line in the world. †¢ By 1850, railway lines connected England’s major cities †¢ By 1900 , England had 15,195 lines of railroad and an nderground rail system beneath London. †¢ The train transformed England’s landscape, supported the growth of commerce, and shrank the distance between cities. The Industrial Revolution †¢ Factory systems emerged †¢ The shift in the English economy moved away from agriculture and toward the production of manufactured goods †¢ Great Exhibition of 1851-Prince Alberthoused in the Crystal Palace (made of glass and iron) exhibited hydraulic presses, locomotives, machine tools, power looms, power reapers, and steamboat engines The Crystal Palace †¢ Erected to display the exhibits of modern industry and science at the 1851 Great Exhibition One of the first buildings constructed according to modern architectural principles †¢ The building symbolized Victorian industry the triumphs of Social and Political Reform †¢ 1832-First Reform Act-extended the vote to most middle-class men †¢ 1833-Britain abolished slavery/Factory Act-regulated child labor in factories †¢ 1834-Poor Law-Amendment applied a system of workhouses for poor people †¢ 1871-Trade Union Act-made it legal for laborers to organize to protect their rights The Reform Bill of 1832 †¢ Transformed English class structure †¢ Extended the right to vote to all males owning property †¢ Second Reform Bill passed in 1867 Extended right to vote to working class The Time of Troubles 1830’s and 1840’s †¢ †¢ †¢ †¢ †¢ Unemployment Poverty Rioting Slums in large cities Working conditions for women and children were terrible The Mid-Victorian Period 1848-1870 †¢ A time of prosperity †¢ A time of improvement †¢ A time of stability †¢ A time of optimism Religious Movement in Victorian England †¢ Evangelical Movement: emphasized a Protestant faith in personal salvation through Christ. This movement swept through England. Led to the creation of the Salvation Army and YMCA. †¢ Oxford Movement (Tractarians): sought to bring the official English Anglican Church closer n rituals and beliefs to Roman Catholicism Religious Debate †¢ Evangelical movement emphasized spiritual transformation of the individual by conversion and a moral Christian life. †¢ Their view of life was identical with Dissenters. †¢ The High Church emphasized the importance of tradition, ritual, and authority †¢ The Oxford Movement led by Newman †¢ The Broad Church wa s open to modern ideas. Challenges to Religious Belief †¢ Science – Huxley – Darwin- the Origin of Species and The Descent of Man †¢ Higher Criticism – – – – Examination of the Bible as a mere text of history Source studies Geology Astronomy Thoughts†¦ John Stuart Mill (1806-1873) – Utilitarianism: the object of moral action was to bring about the greatest good for the greatest amount of people. Utilitarianism failed to recognize people’s spiritual needs – Liberalism: governments had the right to restrict the actions of individuals only when those actions harmed others, and that society should use its collective resources to provide for the basic welfare of others. Also encouraged equal rights for women †¢ Charles Lyell (1797-1875): Showed that geological features on Earth had developed continuously and slowly over immense periods of time †¢Charles Darwin (1809-1882): Introduced the survival of the fittest theory †¢ Adam Smith- 18th century economist, held that the best government economic policy was to leave the market alone—to follow a laissez faire or ? let it be? policy of little or no government intervention †¢ Herbert Spencer (1820-1903): Applied Darwinism to human society: as in nature, survival properly belongs to the fittest, those most able to survive. Social Darwinism was used by many Victorians to justify social inequalities based on race, social or economic class, or gender The Late Victorian Period 1870-1901 †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ Decay of Victorian values British imperialism Boer War Irish question Bismarck’s Germany became a rival power United States became a rival power Economic depression led to mass immigration Socialism The Role of Women †¢ The Woman Question †¢ Changing conditions of women’s work created by the Industrial Revolution †¢ The Factory Acts (1802-78) – regulations of the conditions of labor in mines and factories †¢ The Custody Act (1839) – gave a mother the right to petition the court for access to her minor children and custody of children under seven and later sixteen. You read "Victorian Age" in category "Essay examples" †¢ The Divorce and Matrimonial Causes Act – established a civil divorce court †¢ Married Women’s Property Acts Educational Opportunities for Women †¢ First women’s college established in 1848 in London. †¢ By the end of Victoria’s reign, women could take degrees at twelve university colleges. Working Conditions for Women – Bad working conditions and underemployment drove thousands of women into prostitution. – The only occupation at which an unmarried middle-class woman could earn a living and maintain some claim to gentility was that of a governess. Victorian Women and the Home †¢ Victorian society was preoccupied with the very nature of women. †¢ Protected and enshrined within the home, her role was to create a place of eace where man could take refuge from the difficulties of modern life. Literacy, Publication, and Reading †¢ By the end of the century, literacy was almost universal. †¢ Compulsory national education required to the age of ten. †¢ Due to technological advances, an explosion of things to read, including newspapers , periodicals, and books. †¢ Growth of the periodical †¢ Novels and short fiction were published in serial form. †¢ The reading public expected literature to illuminate social problems. Literary Culture †¢ Typical middle-class families read together in the evenings – wives or daughters read aloud to the rest of the ousehold †¢ Magazines containing serialized novels and poems †¢ General literacy meant there was an enormous amount of printed material produced during the period – 97 percent of both sexes able to read by 1900 The Golden Age †¢ English novel – Most popular form – new books, especially fiction, were still a luxury – Publishers inflated prices †¢ readers would rent novels and narrative poems †¢ commercial circulating libraries †¢ larger and steadier income than individual sales †¢ Also popular: – Poetry – serious nonfiction – ? Improving? works on: †¢ Religio n †¢ Science †¢ Philosophy †¢ economics. Visual Aid Illustrations Helped unpracticed readers to follow the story. – 1875 wood engravings gave way to photogravure – 1880s photographs to replace hand-drawn works †¢ Colored illustrations – hand-tinted at first, †¢ often by poor women and children working at home †¢ chromolithography soon made colored reproductions of artwork possible. †¢ British publishing – gradually transformed itself into a modern industry †¢ worldwide distribution and influence. – Copies of The Times circulated in uncharted Africa – illustrations torn from magazines adorned bushmen’s huts Reader’s Taste †¢ Readers’ tastes varied according to: – class – income – education. †¢ Upper-class The well-educated but unintellectual – small portion of the Victorian reading public. †¢ Working-class – literacy rates †¢ fa r below the general standard – increased as  » working hours diminished  » housing improved  » public libraries spread. Working-class Tastes The appetite for cheap literature steadily grew †¢ religious tracts †¢ self-help manuals †¢ reprints of classics †¢ newspapers †¢ sensational entertainment: – â€Å"penny dreadfuls? †¢ Varney the Vampire – ? shilling shockers† †¢ serials, †¢ bawdy ballads †¢ police reports of lurid crimes The Middle Class †¢ largest audience for new prose and poetry †¢ produced the authors to meet an ncreasing demand for books: – Edify – Instruct – entertain Serialization †¢ 1860s most novels were serialized in weekly or monthly magazines †¢ allowed for an author to alter the shape of his narrative based on public response to earlier installments. †¢ Later changed to Three volume works †¢ publishers and libraries required authors to produce â€Å"three deckers? , †¢ † long novels packaged in three separate volumes that tripled rental fees Victorian Drama †¢ More prominent in the ? late? (1871-1901) period †¢ European drama is very heavy and serious – Chekhov – Ibsen †¢ English drama is lighter – Gilbert Sullivan – Oscar Wilde Literary Responsibility Close relationship authors shared with their public had its drawbacks: †¢ writers had to censor their content †¢ meet the prim standards of â€Å"circulating library morality. † †¢ Any hint of impropriety was aggressively ferreted out by publishers and libraries. – Even revered poets such as Tennyson and Barrett Browning found themselves edited by squeamish publishers. †¢ The abuses of the past came under closer scrutiny – literature becomes the vehicle that helps to reform social inequalities. †¢ period was a time of sustained peace – domestic issues could be addressed. Victorian Literature †¢ Four types of writing were opular during the Victorian Era: – Realist – Naturalist – The Novel – Poetry Realism †¢ The attempt to produce in art and literature an accurate portrayal of reality †¢ Realistic, detailed descriptions of everyday life, and of its darker aspects, ap pealed to many readers disillusioned by the ?progress? going on around them. †¢ Themes in Realist writing included families, religion, and social reform Naturalism †¢ Based on the philosophical theory that actions and events are the results not of human intentions, but of largely uncontrollable external forces †¢ Authors chose subjects and themes common to the lower and middle classes Attentive to details, striving for accuracy and authenticity in their descriptions The Novel †¢ Major authors: – Dickens – Brontes – George Eliot – Thomas Hardy Emily Bronte †¢ Considered a ? woman’s genre? – Female protagonists – Large female audience Charlotte Bronte †¢ Most novels serialized Charles Dickens †¢ The novel was the dominant form in Victorian literature. †¢ Victorian novels seek to represent a large and comprehensive social world, with a variety of classes. †¢ Victorian novels are realistic. â⠂¬ ¢ Major theme is the place of the individual in society, the aspiration of the hero or heroine for love or social position. The protagonist’s search for fulfillment is emblematic of the human condition. †¢ For the first time, women were major writers: the Brontes. Elizabeth Gaskell, George Eliot. †¢ The Victorian novel was a principal form of entertainment. Poetry †¢ Alfred, Lord Tennyson (1809-1892): Most popular Victorian poet. He wrote narrative poems †¢ Robert Browning (1812-1889): raised the dramatic monologue to new heights— making it a vehicle for deep psychological probing and character study †¢ Elizabeth Barrett Browning (1806-1861): with Robert, one of literature’s greatest love affairs. Wrote love sonnets valued for their lyric beauty Victorian Poetry †¢ A reaction to, as well as a subdued continuation of Romanticism †¢ Passion is more tempered, more ? grownup? †¢ Perfection of the dramatic persona, in which the author speaks to the reader in another’s voice – Sought to represent psychology in new ways. †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ †¢ 1848: 1850: 1851: 1860: 1876: 1877: 1886: 1888: 1901: Women begin attending University of London Life Insurance introduced Gold discovered Florence Nightingale founds school for nurses Alexander Graham Bell patents the telephone Thomas Alva Edison patents the phonograph Wimbledon opens Jack the Ripper stalks London’s East End Queen Victoria dies How to cite Victorian Age, Essay examples

Ateneo Law Entrance Exam Reviewer free essay sample

Corporate Compliance Answer Book. book Page 29 Thursday, June 17, 2010 4:20 PM 2 Implementation of Effective Compliance and Ethics Programs and the Federal Sentencing Guidelines Steven D. Gordon* How should a company go about designing and implementing a compliance program? While other chapters address the specifics of compliance programs in particular industries, this chapter considers issues relating to designing and implementing compliance and ethics programs generally. The biggest influence on the design and implementation of a compliance program is guidance from the U. S. Sentencing Commission contained in the Federal Sentencing Guidelines that apply to companies convicted of federal criminal offenses. The Sentencing Guidelines set standards that have become the * The author wishes to acknowledge Jennifer Dure, Michael Manthei, Christopher A. Myers, and Jonathan Strouse for their contributions to this chapter. 29 Corporate Compliance Answer Book. book Page 30 Thursday, June 17, 2010 4:20 PM Q 2. 1 CORPORATE COMPLIANCE ANSWER BOOK norm for virtually all companies, even though relatively few will ever be prosecuted or convicted. In fact, the most useful benefit from using the Guidelines to design and implement a compliance and ethics program is that it can help companies avoid investigations and convictions in the first place. In addition to complying with the Sentencing Guidelines, if the company is publicly held, it must comply with the SarbanesOxley Act of 2002. And if the company is a federal government contractor or subcontractor, the Federal Acquisition Regulation (FAR) comes into play. Other compliance requirements apply to other industries. Fortunately, these various guidelines and requirements do not conflict and, instead, tend to complement each other. Sentencing Guidelines Basics.. 30 Components of an Effective Compliance Program .. 32 Designing and Implementing a Compliance Program 34 Relevant Factors and Considerations 34 Requirements; Risk Areas. 35 Code of Conduct. 41 Compliance Program Administration 44 Training.. 50 Audits . 52 Reporting Systems/Whistleblowing/Non-Retaliation. 54 Rewards/Discipline 56 Sentencing Guidelines Basics Q 2. 1 What are the Federal Sentencing Guidelines? Since 1991, the sentencing of corporations and other business entities convicted of federal criminal offenses has been governed by the Federal Sentencing Guidelines (â€Å"Sentencing Guidelines†), established by the U. S. Sentencing Commission. These Sentencing Guidelines were mandatory, but in 2005, the Supreme Court ruled that it is 30 Corporate Compliance Answer Book. book Page 31 Thursday, June 17, 2010 4:20 PM Compliance Programs U. S. Sentencing Guidelines Q 2. 2. 1 unconstitutional to apply them in mandatory form. The Court left them intact as voluntary guideposts that federal courts should consult but are not bound to follow. 1 In addition to providing guidance on how convicted companies should be sentenced, the Sentencing Guidelines also contain detailed guidance from the Sentencing Commission on what it means to have an â€Å"effective† compliance and ethics program. This guidance, contained in chapter eight of the Guidelines Manual, 2 is used by hundreds of companies to design and implement their compliance programs and is also the standard used by many government agencies to evaluate company compliance and ethics programs. Q 2. 2 How do the Sentencing Guidelines relate to an effective compliance program? A company convicted of a federal offense is eligible for a reduced sentence under the Sentencing Guidelines if it has an effective compliance and ethics program and the offense occurred despite the program. 3 The Sentencing Guidelines spell out the basic elements of an effective compliance program. 4 Additionally, a prosecutor might exercise his or her discretion not to bring criminal charges if the company has a compliance program that meets the Sentencing Guidelines’ requirements. Q 2. 2. 1 Why should my company care about the Sentencing Guidelines if it conducts business honestly and is unlikely ever to face criminal prosecution? If the business is a corporation, its management probably has a duty to ensure that the business has an adequate compliance program. The Delaware Chancery Court, in the leading Caremark decision,5 held that corporate management has such a duty under Delaware law in light of the Sentencing Guidelines. Also, having an effective compliance program can show that the corporation was not at fault if an employee does engage in criminal or unethical conduct. Even ethical companies get investigated. In the event of an investigation, enforcement authorities will look at a variety of factors to determine whether there has been wrongdoing, who is at fault, and whether to bring criminal, civil, administrative, or no claims against 31 Corporate Compliance Answer Book. book Page 32 Thursday, June 17, 2010 4:20 PM CORPORATE COMPLIANCE ANSWER BOOK Q 2. 3 the company. Among the most significant factors influencing these decisions is whether the company has a compliance program that meets the Sentencing Guidelines’ requirements. Components of an Effective Compliance Program Q 2. 3 What policies and procedures should my company implement to meet the Sentencing Guidelines’ requirements? You are required to have written standards and procedures. After performing a thorough assessment of your company’s legal, compliance, and reputational risks, you should create policies addressing those risk areas. The number and types of standards and procedures a company requires depend on a number of factors, including the industry in which the company operates. Q 2. 3. 1 What are the elements of an effective compliance program that will satisfy the Sentencing Guidelines? The Sentencing Guidelines state that the two fundamental elements of an effective compliance and ethics program are: (1) (2) exercising due diligence to prevent and detect criminal conduct; and otherwise promoting an organizational culture that encourages ethical conduct and a commitment to compliance with the law. 6 Q 2. 3. 2 What specific steps must our company take to create an effective compliance program? The Sentencing Guidelines provide that, at a minimum, a company must do the following in order to have an effective compliance and ethics program: (1) (2) Establish standards and procedures to prevent and detect criminal conduct. Ensure that the company’s governing authority (board of directors, etc. ) understands the content and operation of 32 Corporate Compliance Answer Book. book Page 33 Thursday, June 17, 2010 4:20 PM Compliance Programs U. S. Sentencing Guidelines (3) (4) (5) (6) (7) Q 2. 3. 2 the program and exercises reasonable oversight with respect to its implementation and effectiveness. Specific senior manager(s) shall have overall responsibility to ensure the implementation and effectiveness of the program. Specific individuals shall be delegated day-to-day operational responsibility for the program and shall be given adequate resources and authority. They shall report periodically to senior management and shall have direct access to the board of directors or a subgroup thereof. Keep bad actors out of managerial ranks (or other key positions). Reasonable steps should be taken to screen out persons whom the company knows, or should know through the exercise of due diligence, to have a history of engaging in illegal activity or other misconduct. Take reasonable steps to communicate periodically and in a practical manner its standards and procedures to its officers, employees, and, as appropriate, its agents, by conducting effective training programs and otherwise disseminating information. Take reasonable steps to (a) ensure that the program is followed, including using monitoring and auditing to detect criminal conduct; (b) evaluate periodically the program’s effectiveness; and (c) have a system whereby employees and agents may report or seek guidance regarding potential or actual criminal conduct without fear of retaliation (although a mechanism for anonymous reporting is not required). Promote and enforce the program through appropriate incentives and disciplinary measures for engaging in criminal conduct and for failing to take reasonable steps to prevent or detect criminal conduct. Take reasonable steps to respond appropriately to criminal conduct and to prevent further similar criminal conduct, including making any necessary modifications to the compliance and ethics program. 7 33 Corporate Compliance Answer Book. book Page 34 Thursday, June 17, 2010 4:20 PM CORPORATE COMPLIANCE ANSWER BOOK Q 2. 3. 3 Q 2. 3. 3 Is there a standard compliance program that most companies can use? No. There is no â€Å"one-size-fits-all† solution. The Sentencing Guidelines recognize that an effective program must be tailored to the particular company. The Sentencing Guidelines require a company to engage in periodic risk assessments in designing, implementing, and modifying its compliance and ethics program. 8 Each company must examine the nature of its business and its own prior history to determine what sorts of criminal conduct pose the greatest risk, and then take steps designed to prevent and detect such misconduct. For example, if your company employs sales personnel who have flexibility in setting prices, you must have established standards and procedures designed to prevent and detect price-fixing. If you employ sales personnel who have flexibility to represent the material characteristics of a product, you must have established standards and procedures designed to prevent fraud. Your company should prioritize the risks that you face in terms of the severity of the criminal conduct and its likelihood of occurring, and tailor your compliance and ethics program accordingly. 9 Designing and Implementing a Compliance Program Relevant Factors and Considerations Q 2. 4 Are industry practice and standards considered in assessing the effectiveness of a compliance program? Yes. The Sentencing Guidelines recognize that the particulars of an effective compliance and ethics program are likely to be affected by applicable industry practice or the standards called for by any applicable governmental regulation. For publicly traded corporations, applicable governmental regulations would include the requirements of the Sarbanes-Oxley Act of 2002. A company’s failure to incorporate and follow applicable industry practice or to comply with applicable government regulations will weigh against a finding 34 Corporate Compliance Answer Book. book Page 35 Thursday, June 17, 2010 4:20 PM Compliance Programs U. S. Sentencing Guidelines Q 2. 5 that its compliance program is an effective one. 10 For healthcare companies the Department of Health and Human Services, through its Office of Inspector General, has issued a number of very specific compliance program guidances targeting specific business sectors such as hospitals and pharmaceutical manufacturers. Q 2. 4. 1 Does the company size matter? Size is a relevant factor in structuring a compliance and ethics program. A large company generally should devote more formal operations and greater resources to its program than a small company. Q 2. 4. 2 †¢ †¢ †¢ What are the differences between compliance programs for large companies and small companies? The governing authority in a small company may directly manage the compliance and ethics efforts. A small company may train employees through informal staff meetings and monitor them through regular â€Å"walkarounds† or continuous observation during normal management. A small company may use available personnel, rather than separate staff, to carry out the compliance and ethics program. 11 Requirements; Risk Areas Q 2. 5 When it comes to putting a compliance program together, where do we start? A first step is to determine whether the compliance program must satisfy the mandates of the Sarbanes-Oxley Act12 in addition to the Sentencing Guidelines. Sarbanes-Oxley, if applicable, imposes fairly detailed requirements that focus on the company’s internal control over financial reporting and its disclosure controls and procedures. A good compliance program should also address the prevention of other employee misconduct that may impose civil liability on the company or that may victimize the company itself. The foundation for designing a good compliance program is to identify the principal risks of misconduct that must be safeguarded 35 Corporate Compliance Answer Book. book Page 36 Thursday, June 17, 2010 4:20 PM CORPORATE COMPLIANCE ANSWER BOOK Q 2. 5. 1 against. This is a task that requires input from counsel and senior management. The effectiveness of the compliance program likely will be directly proportional to the time and effort invested in designing it. Q 2. 5. 1 What are the most common risk areas that we may need to address in our compliance program? Consider the following fifteen areas: 1. Accounting practices. Sarbanes-Oxley has made internal control over financial reporting and disclosure controls and procedures the foremost risk area for every public company. It also spells out in detail the procedures that must be used to address this risk area. Private companies must also protect against the risk that an officer or employee may â€Å"cook† or alter the books in order to boost performance or hide problems. Common examples include improper revenue recognition, intentional overstatement of assets, or understatement of liabilities, as well as false entries to cover up employee embezzlement and theft, or expenditures for improper or illegal purposes such as bribes. 2. USA PATRIOT Act. The PATRIOT Act aims to cut off sources of financing for terrorists by strengthening anti-money laundering laws. The PATRIOT Act greatly expanded the definition of â€Å"financial institutions† covered by anti-money laundering laws to include not only banks, savings associations, and credit unions, but also securities broker-dealers; investment companies; hedge funds; commodities brokers; mutual funds; issuers or redeemers of travelers checks; operators of credit card systems; insurance companies; telegraph companies; loan or finance companies; automobile, airplane, and boat dealers; real estate brokers; persons or companies involved in real estate closings and settlements; currency exchanges; money transmitters; pawn brokers; travel agencies; dealers in precious metals, stones, or jewels; and casinos. 13 36 Corporate Compliance Answer Book. book Page 37 Thursday, June 17, 2010 4:20 PM Compliance Programs U. S. Sentencing Guidelines Q 2. 5. 1 The PATRIOT Act requires that â€Å"each financial institution shall establish anti-money laundering programs† unless the Treasury Department issues a specific exemption. These programs must include written policies and procedures; a designated compliance officer; employee training; and periodic auditing and monitoring. 14 Further, financial institutions must implement special account opening procedures and â€Å"Know Your Customer† due diligence. 15 In addition, banks, securities broker-dealers, money services businesses, and casinos are required to file reports of suspicious transactions with the Treasury Department’s Financial Crimes Enforcement Network. 16 Finally, all persons (not only financial institutions) who receive in excess of $10,000 in cash in one transaction, or two or more related transactions, in the course of their trade or business are required to file a currency transaction report. 17 3. Conducting business with suspected terrorists. Following the September 11 attacks, Executive Order 13224 mandated creation of a list of persons, entities, and groups believed to be connected with terrorism. This order bans anyone in the United States from conducting any business with any person, entity, or group on the list, which is maintained by the Treasury Department’s Office of Foreign Assets Control (OFAC). 18 The OFAC list is constantly updated and now is quite lengthy, consisting of thousands of names, aliases, and â€Å"doing business as† designations. Businesses, particularly those with some international component, must ensure that they are complying with the provisions of the Executive Order. Specifically, before entering into or continuing any financial relationship, businesses should check the identities of existing and potential clients and customers against the latest OFAC List. 4. Conflicts of interest; corporate opportunities. Conflicts of interest are an issue for every company. The code of ethics mandated by Sarbanes-Oxley specifically requires a company to promote the ethical handling of actual or apparent conflicts of interest between personal and professional relationships. 19 Common breeding grounds for conflicts of interest include employee relationships with the company’s suppliers and outside employment. 37 Corporate Compliance Answer Book. book Page 38 Thursday, June 17, 2010 4:20 PM Q 2. 5. 1 CORPORATE COMPLIANCE ANSWER BOOK The corporate opportunity doctrine forbids employees, officers, and directors of a company from (i) taking for themselves personally opportunities that are discovered through the use of corporate property, information, or position; (ii) using corporate property, information, or position for personal gain; and (iii) competing with the company. Analytically, this doctrine is a subset of conflicts of interest. The New York Stock Exchange (NYSE), however, has proposed to amend its rules so that each issuer listed on the Exchange would be required to adopt a code of conduct that addresses, under separate headings, both conflicts of interest and corporate opportunities. 20 Further, Sarbanes-Oxley, in order to strengthen protections against conflicts of interest, prohibits public companies from making personal loans to any director or executive officer. 21 5. Bribes, kickbacks, improper payments, inappropriate gifts. Improper payments to government officials are a potential issue for many companies, especially if the government is a customer or if the business is subject to significant government regulation. Giving bribes or gratuities to U. S. government officials is prohibited by federal law,22 and bribery of foreign government officials is prohibited by the Foreign Corrupt Practices Act. 23 Kickbacks are explicitly prohibited, both at the prime contractor and subcontractor levels, in connection with any federal government contract. 24 Kickbacks also are prohibited in exchange for the referral of business for which payment is made under federal healthcare programs, such as Medicare and Medicaid. 25 In addition, a number of states have criminal commercial bribery statutes that prohibit payments to influence the conduct of an agent or employee with respect to the affairs of the agent’s employer. 26 6. Antitrust issues. Antitrust issues such as price fixing, collusive bidding, and market allocation are a concern in many industries. 38 Corporate Compliance Answer Book. book Page 39 Thursday, June 17, 2010 4:20 PM Compliance Programs U. S. Sentencing Guidelines 7. Q 2. 5. 1 Confidential information and trade secrets. For many companies, protection of confidential information and trade secrets is a significant issue. In the healthcare industry, protection of individual health information is critical. Often such information may be a key company asset and, under Sarbanes-Oxley, the safeguarding of company assets is one of the elements of internal control over financial reporting. 27 In order to protect its proprietary data and trade secrets, a company must take the requisite steps to preserve confidentiality. At a minimum, this includes reminding employees, during the course of their employment and upon their departure, of their continuing duty to safeguard such information. In addition, written confidentiality agreements may be desirable. Further, companies must ensure that they do not become liable for misappropriating trade secrets belonging to their competitors or third parties. Employees should be warned against acquiring a competitor’s confidential or trade secret information—and against bringing such information with them from a prior employer when they join the company. 8. Product safety. If the company manufactures or processes tangible products, especially consumer goods, then product safety may well be a key risk area. Indeed, in highly regulated industries that implicate public health and safety, such as food and drugs, product safety is likely to be the single most important risk issue. Where public health and safety are implicated, defective products may trigger strict criminal liability for the company as well as its senior managers. 28 9. Workplace safety. In industries such as manufacturing, construction, or extraction of natural resources, workplace safety may be a significant issue. 10. Environmental issues. For many businesses, compliance with environmental laws is a significant concern. Some environmental statutes are drafted in such sweeping terms as to create something approaching strict criminal liability in the event of a violation. 29 39 Corporate Compliance Answer Book. book Page 40 Thursday, June 17, 2010 4:20 PM Q 2. 5. 1 CORPORATE COMPLIANCE ANSWER BOOK 11. Government contracts issues. As detailed in chapter 15 on government contractors, new mandatory compliance and ethics program requirements went into effect on December 12, 2008, for many government contractors and subcontractors. The new requirements amend the Federal Acquisition Regulation (FAR) and are modeled to a large extent on the Federal Sentencing Guidelines criteria for effective compliance and ethics programs. 30 In addition to the specific elements of a compliance and ethics program that must be implemented, the new FAR provisions also require mandatory reporting of violations of federal criminal law, violations of the civil False Claims Act, and â€Å"significant† overpayments. Companies engaged in contracting with the federal government are especially vulnerable to liability for business misconduct. A number of statutes impose civil liability upon government contractors for engaging in fraudulent conduct or failing to comply with applicable procurement and contracting rules. 31 Further, an array of criminal statutes may be applied to contractors who engage in fraud or other misconduct. 32 The most common types of fraud encountered in government contracting include defective pricing, cost mischarging, product substitution, progress payment fraud, antitrust violations, kickbacks, bribery, gratuities, and conflicts of interest. 33 12. Insider trading. Another risk for publicly held companies is that directors, officers, or employees may engage in insider trading in the company’s shares. The NYSE considers this risk so significant that it identifies insider trading as one of the issues to be addressed by the code of conduct it has proposed for listed companies. 34 13. International business practices. U. S. laws that may create significant risks for companies engaged in international business include export control laws and the Foreign Corrupt Practices Act (FCPA). Export control laws and regulations prohibit the export of certain commercial products, strategic goods, defense articles and their related technologies, and the furnishing of 40 Corporate Compliance Answer Book. book Page 41 Thursday, June 17, 2010 4:20 PM Compliance Programs U. S. Sentencing Guidelines Q 2. 6 defense ser vices, unless licensed by the appropriate federal agency—either the Department of Commerce or the Department of State. Note that an â€Å"export† can occur anywhere when equipment or technical data is released or made available to a foreign person, whether within the United States or abroad. The FCPA prohibits bribery in the conduct of business abroad. In general, the FCPA prohibits corrupt payments to foreign officials or political parties (whether made directly or through intermediaries) for the purpose of obtaining or keeping business. 35 14. Employee relations. Discrimination and harassment issues are a concern for virtually all employers. Federal statutes and regulations forbid discrimination in the workplace based on race, color, sex, religion, national origin, marital status, age, or disability. 36 Discrimination or harassment can subject a company to civil liability for compensatory damages and, in cases involving malice or reckless indifference, to punitive damages as well. 37 15. Other issues. There are a number of additional issues that are less common but very significant to particular businesses or industries. Certain highly regulated industries, such as banking and healthcare, face numerous compliance risks that derive from the specialized laws and regulations that govern their conduct. Other businesses, though not highly regulated, may have particular attributes that create significant compliance risks. For example, marketing organizations are vulnerable to charges of fraudulent sales techniques. Compliance programs must be designed to combat these risks. Code of Conduct Q 2. 6 Is a code of conduct a required part of a compliance program? A code of ethical conduct is a centerpiece of a compliance program. The Sentencing Guidelines and Sarbanes-Oxley now make a 41 Corporate Compliance Answer Book. book Page 42 Thursday, June 17, 2010 4:20 PM CORPORATE COMPLIANCE ANSWER BOOK Q 2. 6. 1 code of ethics virtually mandatory for all companies. Furthermore, both the NYSE and NASDAQ have proposed rules that would mandate that listed companies adopt codes of business conduct and ethics. 38 Sarbanes-Oxley effectively requires every publicly traded corporation to adopt a code of ethics that applies to its principal executive officer, principal financial officer, principal accounting officer or controller, or persons performing similar functions. 39 Q 2. 6. 1 What are the legal requirements for a code of conduct? Sarbanes-Oxley mandates that the code consist of written standards that are reasonably designed to deter wrongdoing and to promote: (1) (2) (3) (4) (5) honest and ethical conduct, including the ethical handling of actual or apparent conflicts of interest between personal and professional relationships; full, fair, accurate, timely, and understandable disclosure in reports and documents that a registrant files with, or submits to, the SEC and in other public communications made by the registrant; compliance with applicable governmental laws, rules, and regulations; the prompt internal reporting of violations of the code to an appropriate person or persons identified in the code; and accountability for adherence to the code. 40 The Sentencing Guidelines impose more general requirements for a code of conduct. They require that the company establish standards and procedures to prevent and detect criminal conduct, and take reasonable steps to communicate periodically and in a practical manner its standards and procedures to all employees and agents by conducting training programs and otherwise disseminating information. Q 2. 6. 2 What are the elements of a good code of conduct? A corporate code of ethical conduct should accomplish several distinct, but related, objectives: 42 Corporate Compliance Answer Book. book Page 43 Thursday, June 17, 2010 4:20 PM Compliance Programs U. S. Sentencing Guidelines Q 2. 6. 2 1. Address, in a direct, practical manner, the compliance risk issues that are relevant to the particular company. The code should alert employees to the principal risks and spell out their duty to avoid them. Some of the most effective codes follow up their discussion of the relevant standards with sample questions and answers applying the standard(s) to common situations that employees are likely to encounter. 2. Identify the personnel who administer the company’s compliance program, from the senior executive(s) in charge of the program down through any lower-level contact personnel. In addition, the code should outline the system for reporting suspected misconduct. Employees and agents must be able to report or seek guidance regarding potential or actual criminal conduct without fear of retaliation. Furthermore, it is desirable (and sometimes required) that the system permit confidential, anonymous reporting. 41 The code should state unequivocally that any employee may contact compliance personnel to discuss potential violations of the code without fear of retribution and, if applicable, that anonymous reporting is an option. The code should encourage employees to contact compliance personnel whenever an ethical issue arises and they are uncertain about whether or how the code applies. 3. Announce that employees who violate code provisions will be sanctioned for their misconduct, indicating the range of sanctions that may be applied. The sanctions may range from a reprimand for minor or unintentional violations up to termination for cause for serious violations. The Sentencing Guidelines note that disciplinary actions sometimes may need to be taken not only against the actual offender but also against individuals who fail to take reasonable steps to prevent or detect the misconduct. 42 Thus, the code should also state that an employee who witnesses a violation and fails to report it may be subject to discipline, as may a supervisor or manager to the extent that the violation reflects inadequate supervision or lack of diligence. 4. Be distributed to all company employees and agents in writing and/or by making it available on the company’s website. Many companies require that employees certify that they have received and read the code of conduct. Some companies make this an annual 43 Corporate Compliance Answer Book. book Page 44 Thursday, June 17, 2010 4:20 PM CORPORATE COMPLIANCE ANSWER BOOK Q 2. 6. 3 ritual. Such certifications can provide useful evidence of the company’s good faith and diligence if an issue ever arises. However, the certifications can end up undercutting the company’s position if they are incomplete or out of date. Thus, if a company decides to utilize employee certifications, it must diligently monitor them to ensure that they are complete and up to date. Q 2. 6. 3 How many codes of conduct should a company have? Sarbanes-Oxley mandates a code of ethics only for a select group of senior corporate officials: a company’s principal executive officer, principal financial officer, principal accounting officer or controller, or persons performing similar functions. In contrast, the Sentencing Guidelines and the proposed NYSE and NASDAQ rules require a code that is broadly applicable to a company’s officers, employees, and (as appropriate) agents. For most companies, it would seem simplest to have only one code of conduct that applies to all officers, employees, and agents, and that either applies the Sarbanes-Oxley standards to all such persons, or else â€Å"adds on† the specific Sarbanes-Oxley requirements for the specified senior officers who are subject to them. Multiple codes of conduct applicable to different groups of officers and/or employees are likely to breed problems for the company. Compliance Program Administration Q 2. 7 How do we administer and enforce a compliance program? 1. Establish comprehensive written policies and procedures that implement the Code of Conduct and that address the specific risk areas you have identified. 2. Conduct effective training programs and otherwise disseminate information about the compliance program to officers and employees. 3. Establish and publicize a system for reporting violations. 44 Corporate Compliance Answer