Sunday, October 20, 2019

Al Capone essays

Al Capone essays In January 1899, Gabriel and Theresa Capone were awaiting the birth of their new son, unaware that he would eventually become one of the most notorious gangsters of all time. On the seventeenth of that month, their child Alphonse, later known as Al, was born. He grew up in a rough neighborhood and was a member of two "kid gangs," the Brooklyn Rippers and the Forty Thieves Juniors (www.chicagohistory.org/history/capone.html). He enlisted, as a waiter-bouncer for Frankie Yales Harvard Inn at Coney island in the summer of 1917, where his face was scarred in a knife attack by Frank Gallucia( " . Capone was later forced to move to Chicago when he became wanted by the police for attempted murder. He began working for a former acquaintance Johnny Torrio, who handled a local vice lords assets. The murder of the vice lord, rocketed Capone from his current position of a lowly bouncer all the way to a place in history as one of the Prohibition eras most prominent underworld bosses and one of the most treacherous gangsters of all time. Capone combined many different gangs, including the... gang, who introduced the Thompson submachine gun (into) gang warfare, to form the Chicago Syndicate, or Outfit( " . After Torrio was shot in the Chicago Beer Wars and he retired in New York, Capone inherited the Syndicate. The five-year war eventually erupted in a brutal massacre at 2122 North Clark Street on February 14, 1929. Capone gangsters lined up six members of a rival gang and an innocent bystander and machine-gunned them. The intended target was not even present at the time. This atrocity, cunningly named the Valentines Day Massacre, awoke a feeling of public indignation in all of America. To complicate Capones life further he was declared Public Enemy Number One by the Chicago Crime commission. They intended to turn the public even more against him. ...

Saturday, October 19, 2019

Accounting for Managers

Managers frequently use CVP Analysis and Budgeting to screen business plans by evaluating a firm’s cost structure and sales volume needed to generate profit. Mountain Views Hotel is planning to open a â€Å"Boutique Hotel† accommodation in the Blue Mountains area that runs a Food and Beverage operation serving breakfast as part of the guest experience. Your team is expected to develop a successful business plan including making recommendations for improvement in future years. The Report will be written as if it were being presented to potential investors in the business. Use the Balanced Score Card approach to present key assumptions and justify them by research and analysis undertaken.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Discuss critically key results that would impact on your future decision-making including a fully supported explanation of how you could improve this business by making any changes.  Ã‚  Ã‚   Make recommendations to the proposed investors including ideas for the next steps to progress the business concept. Prepare your analysis as an authentic business report.   The Australian tourism and hotel industry have significant contribution on GDP (Gross Domestic Product) of Australian. As per Price Water cooper house Report of 2009 it is estimated there are 6807 hotels employing almost 188000 people in Australia. The market outlook indicates that the hotel industry has matured because the numbers of hotels have declined over the years and also the income growth of the industry has been minimal.   But the situations are seen improving as the 2015 data suggests that both domestic and international visitors have increased. There has been 8.2% growth in international visitors and 7% growth in domestic visitors (Hall, 1991). In this report a business plan is developed for Mountain View Hotel analyzing the business opportunity of Boutique Hotel in Blue Mountains (Hardiman & Burgin, 2011).   For this purpose the hotel industry of Australia, tourism opportunity in Blue Mountains and the projected financial data of the proposed Boutique hotel are analyzed to develop an effective business plan and also to evaluate the investment decision. The objectives of the â€Å"Mount Boutique Hotel† for first few years are: The mission of Mount Boutique Hotel is to become the preferred choice of customers in Blue Mountain area. Mountain View is a well known hotel chain that is currently running a restaurant in Blue Mountain. It is planning to open a boutique hotel in Blue Mountain. The international and domestic visitors are expected to surge giving a positive outlook for the overall hotel industry. As per the economic forecasts data it is expected that international visitors will grow by 5.3% per annum for next three years. This growth in tourism numbers will have a positive impact on the Australian Hotel Industry. The demands for hotels are expected to grow by 3% per annum in next three years. There is an increasing demand supply disparity in hotel industry as a result it is expected that room rate will grow by 2.9% by 2018 (Anderson, 2006). It can be concluded that Hotel Industry of Australia is looking good and it is the opportune moment to make investment in this sector.   The Blue Mountains is just two hours away from Sydney and it is a perfect holiday destination for anyone looking for a break from hectic life style. The blue Mountain offers spectacular scenic beauties like Three Sisters at Echo point, dinning, shopping, spa, bush walking and other natural attraction (Hudson & Lang, 2002).   It is an ever growing tourist destination with tremendous growth potential. From an hotelier point of view the current market scenario offers an excellent investment opportunity in Blue Mountain. There is a growing optimism in hotel industry because of positive macro economic developments. Being in tune with the overall market sentiment Mount View hotel has decided to start a Boutique Hotel in Blue Mountain. Boutique hotels are much smaller in size but they are stylish and unique further it tries to provide separate experience than that of corporate run hotels (Presbury et. al., 2005). The advantages of a boutique hotel are: The above analysis shows that Mount View hotels decision to open a boutique hotel in Mount View is justified. The aim is to become the best in class boutique hotel in Blue Mountains (Bruner, 1998). It is estimated to have total eighty rooms out of which 30 rooms will be high end deluxe rooms and there will be 50 standard rooms.   The deluxe rooms will include king sized bed, a desk, a mirror and a color television. Further the bathroom of the deluxe room will be of four to five meters with a sink, toilet and shower. The total estimated cost for starting the Boutique hotel is $754800.00. The details are given in the table below. To fund the project a mortgage loan of Rs. 500,000.00 is to be obtained at 8% per annum.   The remaining fund of 254,800.00 is to be provided by Mountain Views hotel. The viability of any business plan is determined by analyzing its projected financial performance.   The business plans are often screened for determining their financial viability by using cost volume profit analysis (Scapens, 1985).   The CVP (Cost Volume Profit) analysis helps in determining the effect that costs and volume has on profit. The Cost Volume Profit (CVP) analysis are often performed to determine the future activity and to provide valuable insight on: There are certain assumptions that are made while performing CVP (Cost Volume Profit) analysis (Drury, 1992), they are: The cost function is a process of dividing the total costs into fixed costs and Variable Costs (Binswanger, 1974). The total cost can only be ascertained after the estimated financial statement is prepared. The projected financial statements are prepared on the basis of certain assumptions and they are: The first step of performing the Cost Volume Profit Analysis is to estimate the cost functions. On the basis of the projected financial statement each cost is determined as either fixed or variable costs.   In the projected financial statement of Mount Boutique Hotel the estimated variable costs is $ 2234605.00 which is $96.49 per unit and the estimated fixed cost is $3153904.00.   The estimated fixed costs include Direct Labor costs of $803,040.00; overhead costs of $1696084.00; selling expenses of $259850.00 and administrative expenses of $394950.00. The estimated variable costs include direct material of $88.49 per unit and over head of $8.00 per unit.   The contribution is calculated by deducting Variable costs from sales. So the contribution margin ratio is that part of the sales that exceeds variable costs (Garrison et. al., 2003). It can be used to pay fixed costs. The contribution margin ratio measures operational efficiency, a higher ratio suggests higher efficiency. In the projected financial statement of Boutique hotel estimated sales is $6995325.00 and estimated variable costs is $2234605.00. The contribution margin comes to $4,460,720.00 that is 66.60% which is very high. It suggests that only 33.40% of total sales cover the variable costs and the remaining 66.6% is used to meet the fixed costs and earn profit. It can be reasonably concluded that any sudden increase in cost will not affect the profitability of the hotel because it has high contribution margin ratio which is a very healthy sign for any business.   The break even sale represents that level of sales where the profit is zero. At this level total sales revenue is equals to total variable costs and the contribution margin is equal to fixed costs (Blocher et. al., 2008). The break even sale is an important level because sales below this level will result in losses and sales above this level will lead to profits. In the projected financial statements of Mount Boutique hotel total fixed costs are $3153904.00 and the variable cost per unit is 192.60 so the break even sale comes to $4733857.83. The total estimated sale is $6695325.00 and the 70.70% of it is Break even sales. This means that business needs to achieve at least 70% of the estimated sales to attain no profit no loss situation otherwise it will make losses. This is a very high percentage and implies that there is a very heavy burden of fixed costs on the business.   It is suggested that business should re estimate its fixed costs structure and try to reduce the Break even sales to 50%.   The hotel should cut down fixed costs by $4399091.00 to attain the targeted break even sales.   The margin of safety is that part of the total sales that is above Breakeven Sales. It is calculated by deducting breakeven sales from total sales. The Margin of safety is a valuable indicator of profitability of an organization (Shih, 1979). It also indicates to the management how reduction of revenue will affect the break even of the organization. The higher the Margin of safety the better it is for the business. Because a low Margin of safety suggests increase in fixed costs, extra discounts or increase in prices by suppliers. So it is important to monitor margin of safety ratios. In the projected financial data of Mount Boutique hotel the total expected sales is $6695325.00 and the break even sales is $4733857.38 so the margin of safety is $1961467.62. The margin of safety ratio comes to 29.30% of total sales. It is suggested that Margin of safety ratio should be improved. It can be done by improving sales or reducing breakeven point.  Ã‚   The Operating Leverage is the analysis of relationship between fixed costs and variable costs. It is calculated by dividing contribution margin by income from operations. The operating leverages are high for companies that have large fixed costs in their total operation costs. A higher operating leverage suggests that every increase in sales will multiply profits when the breakeven point is reached (Lev, 1974). But if breakeven sales are not reached then higher operating leverage will intensify losses. So with high operating leverage a high level of risk is involved. In the estimated financial statement of Mount Boutique hotel the contribution margin is $4460720.00 and Income from operations are $1306816.00 so the operating leverage comes to 3.4 times.   This means that Contribution is 3.4 times more than income from operation so it can be derived that fixed costs are 2.4 times of income from operation which is very high. So it is suggested to take necessary measures to reduce fixe d costs.   The overall projected financial statement of Mount Boutique hotel indicates that it is a high return low risk business opportunity for any investor. The high breakeven sales and low Margin of safety is due to higher fixed costs (Alexander, 2001). The burden of higher fixed costs is due to the amortization of start up costs in initial years as it gets completely amortized then fixed costs will certainly come down thus improving the margin of safety and break even sales figure. The market analysis has shown that it is an opportune moment for any investor to enter into tourism sector. The expected growth figures are very attractive and it is also estimated there will be a shortage of supply as the increase in demand is much higher than that of supply (Jennings, 2001). If the overall macroeconomic views are considered then globally major economies are improving so it is expected that international visitors will surge in coming years. The Mount Boutique hotel will be one of its kinds in Blue Mountains. It will offer a unique experience to its visitors because of its prominent location and customized services. Further the staffs and managements are also experienced and every one of them has a valuable insight in the Hotel industry. In the light of the above analysis it can be concluded with certainty that investment in Mount Boutique will be profitable.   Alexander, C. (2001).  Market models: A guide to financial data analysis. John Wiley & Sons. Anderson, B. A. (2006). Crisis management in the Australian tourism industry: Preparedness, personnel and postscript.  Tourism Management,27(6), 1290-1297. Binswanger, H. P. (1974). A cost function approach to the measurement of elasticities of factor demand and elasticities of substitution.  American Journal of Agricultural Economics,  56(2), 377-386. Blocher, E., Chen, K. H., & Lin, T. W. (2008).  Cost management: A strategic emphasis. McGraw-Hill/Irwin. Bruner, R. F., Eades, K. M., Harris, R. S., & Higgins, R. C. (1998). Best practices in estimating the cost of capital: survey and synthesis.  Financial Practice and Education,  8, 13-28. Drury, C. (1992). Cost-volume-profit analysis. In  Management and Cost Accounting  (pp. 205-235). Springer US. Garrison, R. H., Noreen, E. W., & Brewer, P. C. (2003).  Managerial accounting. New York: McGraw-Hill/Irwin. Hall, C. M. (1991).  Introduction to tourism in Australia: impacts, planning and development. Longman Cheshire. Hardiman, N., & Burgin, S. (2011). Canyoning adventure recreation in the Blue Mountains World Heritage Area (Australia): The canyoners and canyoning trends over the last decade.  Tourism Management,  32(6), 1324-1331. Hudson, S., & Lang, N. (2002). A destination case study of marketing tourism online: Banff, Canada.  Journal of vacation Marketing,  8(2), 155-165. Jennings, G. (2001).  Tourism research. John Wiley and sons Australia, Ltd. Lev, B. (1974). On the association between operating leverage and risk.Journal of financial and quantitative analysis,  9(04), 627-641. Presbury, R., Fitzgerald, A., & Chapman, R. (2005). Impediments to improvements in service quality in luxury hotels.  Managing Service Quality: An International Journal,  15(4), 357-373. Scapens, R. W. (1985). Cost—Volume—Profit Analysis. In  Management Accounting  (pp. 59-74). Macmillan Education UK. Shih, W. (1979). A general decision model for cost-volume-profit analysis under uncertainty.  Accounting Review, 687-706. Accounting for Managers Gola and Costa set for establishing a business of selling fruit juices. The location of the shop is inside Shopping Arcade and nearby a supermarket. Their plan is to provide fresh juices to their customers, earn a significant amount of profits and sell off the same in the future course of time.   They will follow just in time for inventory management. Gola is under the impression that they will be successful in earning profits by controlling their cost as he believes that for running a successful business, only profitability is the foremost criteria. Posta believes that their business will be successful due to their choice of location and due to the eating habits of the people. Since there has been a significant shift in the eating habits, people have become more conscious for their healthy well-being and this was one of the reasons why both the entrepreneurs had propagated such kind of idea of business. As an Aspiring MBA graduate studying accounting for managers and being there friend, I can make them understand and analyse many other aspects apart from profitability and location of business. Since I am specializing in the field of Management and Finance I can help them in some statistical analysis which they are significantly missing on their part. Before setting of the business, it is very important to discuss the kind of industry in which they are supposed to enter a detailed analysis is required to be done right from the point of financial investment to related cost both fixed and fluctuating , expected return in fair terms. It is also relevant that they search for their competitors and analyse their business as for how they are creating an impact in the business environment. The location of the business, which they have decided is quite favourable. However, to achieve the same, both of them have to make a significant investment in terms of leasing. It refers to borrowing the property against paying for its value for a significant period of time. For this, they have to enter into an agreement with the lessor of Shopping Arcade. It is equally important that they understand the terms and conditions of leasing properly and should have a lease term of 5 years so that they can cover all their cost during this period of time (BusinessDictionary.com, 2016). For the purpose of investment, they need to have availability of funds. It is required that they approach a bank who can arrange for their finance. They need to convince the bank regarding their potential profitability of business. For this, they should have the significant backup plan on paper which is able to prove with reasonable estimates and assumptions that their prospective business is a successful plan for the future. It is also important that they should be aware of the cost of capital which will be required in their leasing terms. After arranging the significant amount of loan and arranging the same for the lease the next part is to analyse various types of cost associated with their business. Cost can be divided into fixed and variable component. For example, fixed cost will be the lease amount which is to be spread for the period of 5 years cost. Blending machines, refrigerators, furniture, benches washing up sinks, falls into fixed cost.   Variable cost will be the cost of raw materials like all those fruits which will be purchased on a daily basis. Fixed costs remain the same irrespective of the level of output while variable cost changes as per the level of output. Variable cost can increase or decrease as per the level of production but fixed cost remains the same throughout the level of production (Boundless, 2016).   After analysing all the significant cost, the next component is the break-even analysis. Break even analysis refers to the function where it is required to determine what is required to sell on a monthly or annual basis in order to cover the cost of doing the business. Like, if fixed cost is $2, 00,000 and expected contribution will be $4, break even will be $50,000. This means they will earn profits after covering $50,000(Cleverism, 2016). Setting up of standards and its importance: It is also required to set a standard for sales. This will act as a benchmark for their business as how much is required to earn in order to cross the level of breakeven point and earn a significant share of profit. By setting up standard it can be later compared with the actual sales figure. Like, for first quarter sales expected is $15,000 but actual sales was $18,000. Thus, it is a favourable condition for them as actual has exceeded its standards. With the actual figure and standards, variances can be computed for the future relevance (AllBusiness.com, 2016). The reason behind the setting up of a standard is equivalent to setting up of short term goal which will be quite helpful in achieving a long-term goal for the business. For cost, monthly expected expenditure is $10,000 but actual came to $12,000. Reason for extra $2,000 will be analysed and corrective action to be adopted for the same. Budgeting helps us to identify unnecessary expenditures and in making us adaptable towards the frequent changing financial position of the business. Budgeting ensures that we will have sufficient amount of money in order to meet the requirement of the business. It will be advisable to Gola and Costa that they should understand the essence of budgeting and implement the same for the success of their business. The concept of budgeting will help Gola and Costa immensely. It is an important tool which will control the flow of money in their business. It will also ensure that their business will turn out to be very effective and efficient in the long run ( Mymoneycoach.ca, 2016). One of the main reasons behind the term of the lease is to cover all kind of fixed cost during that period. Since it is the plan of Gola and Costa to sell off their business in future, it is required that their business should run in scientific and profitable manner. For this, they need to understand the relevance of documentation in terms of recording finance, lease papers terms of bank loans etc. The prospective buyer will analyse the business in his own way. Unless and until he finds it’s economically viable, he will not take over the business. Now, economic viability can be analysed by way of proper maintenance of records, lease papers, bank loan’s terms, and conditions etc. He will analyse that whether the said business was profitable or not. Whether the bank loan taken has been paid off and all other statutory dues or complied with or not. Lease papers will also be verified. This needs to be understood by Gola and Costa since the beginning of their business. It is very important that they should keep in mind since the beginning regarding selling off their business in the future course of time. This will drive them more proactively to achieve their short term plan which is in the form of standards. By achieving the short-term standard, they will be able to achieve their ultimate aim, i.e. profitability. Unless and until the business is not profitable, it won't remain attractive for the prospective buyer to take over the same in future.   It is also important that the business gains popularity amongst the consumers. This will help in creating the brand image for Gola and Costa and will it yield in terms of goodwill while selling off the business. Both the buyer and seller will be in a profitable position if a business has developed a brand image of its own in the market. The whole process is beyond the concept of capital investment decisions. It involves the role of management accounting as in terms of setting targets and achieving the same, producing raw materials i.e. inventory management, handling the customers and creating a favourable image in front of them etc. So, apart from having the knowledge of finance, it is equally important that Gola and Costa should be aware regarding management accounting and other important aspects. With the help of the above-stated concept, it will help Gola and Costa to have the efficient and effective setup of business. To conclude, it is required that Gola and Costa should not only rely on the concept of profitability or location of business. They should be quite aware regarding the concept of break-even analysis, an estimate of sales and setting up of targets, different types of cost involved and their implications, importance of budgeting in their business, arrangement of investment with the help of a loan from bank and requirements for selling off their business in future. By following these above concepts of finance and management accounting, they will surely succeed in their attempt for a successful venture (Debitoor.com, 2016). AllBusiness.com. (2016). Creating a Budget and Sales Forecast | AllBusiness.com. [online] Available at: https://www.allbusiness.com/creating-a-budget-and-sales-forecast-977-1.html [Accessed 11 Dec. 2016]. Boundless. (2016). Types of Costs. [online] Available at: https://www.boundless.com/economics/textbooks/boundless-economics-textbook/production-9/production-cost-64/types-of-costs-240-12338/ [Accessed 11 Dec. 2016]. BusinessDictionary.com. (2016). What is a lease? definition and meaning. [online] Available at: https://www.businessdictionary.com/definition/lease.html [Accessed 11 Dec. 2016]. Cleverism. (2016). Break-Even Analysis: What, Why, and How. [online] Available at: https://www.cleverism.com/break-even-analysis/ [Accessed 11 Dec. 2016]. Debitoor.com. (2016). Management accounting - What is management accounting? | Debitoor. [online] Available at: https://debitoor.com/dictionary/management-accounting [Accessed 11 Dec. 2016]. Mymoneycoach.ca. (2016). What is Budgeting and Why is it Important? | My Money Coach. [online] Available at: https://www.mymoneycoach.ca/budgeting/what-is-a-budget-planning-forecasting [Accessed 11 Dec. 2016]. End your doubt 'should I pay someone to do my dissertation by availing dissertation writing services from

Friday, October 18, 2019

Manage change task 3 Research Paper Example | Topics and Well Written Essays - 2000 words

Manage change task 3 - Research Paper Example The change includes installing new systems in the company and to also make drastic changes to the overall processes in a number of areas of the company. The need for change has been included in the following section. Need for Change: With the changing environment and the growing competition, there is a high need for the company to implement change. This will assist the company improve itself, as well as cater to the needs of the new clientele. During any crisis period, companies evaluate themselves and work towards improving their condition to help cope up with the changing environment and also to keep up the overall performance. Similarly, here the company has evaluated the environment and is focused on developing and improving the current position by improving its internal processes and overall working. Here this is a strategic step taken by the company to meet the competition and to also manage the financial crisis period effectively. SWOT Analysis: The company’s major stre ngth lies in the fact that it has a number of employees who are well versed and highly experienced in the field. Here it is important to note that the company has been performing well, which allows them to implement change in the current time of issue. The weakness of the company however is the lack of technical knowledge to keep up with the new clients. Here the company finds the clients systems very complicated and hence needs to follow the contract agreements. If the knowledge was a little higher here in this field, then the company could have equally participated and put down their agreement criteria as well. The threats that the company faces here is the lack of newer clients and also high competition that is being faced. Also, aspects like the uncertain future, together all these provide a major form of threat to the company. Also, in terms of the opportunities, the company has a wide range of opportunities to implement better systems and to work towards improving the overall processes of the company. Here although the period involves a low number of customers, this can be used to the company’s benefit and here the company can improve their own internal systems and processes. Cost Benefit Analysis: The company plans to implement a system for a total of approx. $60,000. Here the company is planning to spend on a system which has been found to be very un – friendly and has not received the best reviews (Buchan). The company is not only implementing a un – friendly system but is also risking the chances for high levels of resistance from the staff. Here implementing this system will lead the company to achieve the order for 1 million, however will led to loss of older employees who have been in the company for over twenty years. Barriers to Change and Minimization Strategy: There are a few barriers to change that might occur here in the case of the company: a) The employees will resist change, as the change involves the use of a new sys tem and the employees are not very computer savvy. Here to resolve this issue, the main steps that can be taken by the company is to develop a good training program to assist the employees learn the systems and also be more comfortable with the new processes. Another step that can be adopted by the company is to change the teams and to make the individuals with better computer knowledge to come into the team where the new system is being adopted. In order not to lose the older employees they can be given different

MIS Usage in Supply Chain Management (SCM) Research Paper

MIS Usage in Supply Chain Management (SCM) - Research Paper Example As the study outlines the use of management of information system in supply chain management of an organization like the police department helps to straighten value chain operations of the organization. Use of management of information system increases the organization’s competence Due to effect of globalization, organizations are experiencing stiff competition from across the globe. In order for such organizations to survive in a global competitive market, there is a dire need for efficiency in the acquisition and distribution of merchandise. From this discussion it is clear that the use of management of information system in the police department assists the department of defense in ensuring that the soldiers have the suppliers they want at the most appropriate time and at the best price. This will ensure the defense force is adequately equipped at all times. Management of information system increases efficiency of the business The organizations are striving for efficiency in their operations. The desire for achieving the best performance has resulted to complication of the processes through which information flows from suppliers to the consumers. Consequently, business managers are developing data bank to assist them in determining their clients and the specific items that those clients would like to purchase. The use of supply chain management in an organization enables supplier improve the market performance by controlling their inventory and at the same time reinforce their interactions with clients. The police depa rtment requires information regarding the type of supplies needed by the soldiers and the time when those suppliers should be delivered. The use of management of information system in supply chain management in the police department is of great significance for increasing performance of the police officers. The management of information system enables the department of defense to control all the data regarding what the department requires and the time when those supplies are needed.

First amendment Essay Example | Topics and Well Written Essays - 3250 words

First amendment - Essay Example There have been a number of issues posing questions as to the effectiveness and extent of the provisions in the First Amendment. One of such is the Citizens United case popularly referred to as the ‘Citizens United v. Federal Election Commission’, in which the US Supreme Court, following a 5-4 decision, ruled that corporations and unions have similar political speech rights as individuals under the First Amendment. Being a conservative non-profit organization, Citizens United claims its commitment to restoring the control of the United States government to the citizens, as well as to emphasize American principles of limited government, autonomy of enterprise, strong families, and state sovereignty and security. Citizens United produced a documentary named Hillary-with respect to the then Senator Hillary Clinton, which was the main issue of the court case. The Federal Election Campaign Act of 1971, which controls the financing of political campaigns, was amended by the Bi partisan Campaign Reform Act of 2002 (BCRA). Following the amendment, this federal law prevents corporations and unions from spending their general treasury funds towards independent expenditures for a speech referred to as an ‘electioneering communication’, in other words a speech that concerns elections or one that portrays endorsement or disapproval of a candidate in the elections. As defined in the constitution, an electioneering communication ideally refers to any broadcast, cable, or satellite communication that refers to an openly identified candidate for Federal office and is created in 30 days of a major election or 60 days of a common election, (2 U.S.C.  § 441b), and that is publicly distributed (11 CFR  § 100.29(a)(2)). The documentary-Hillary was released at a time when Hillary Clinton was running for the Democratic presidential nomination, and as such, it conveyed opinions on Hillary’s suitability for the presidency. Not only did Citizens United avail the documentary in theatres and on DVDs, but also planned to make it accessible through video-on-demand. Further, Citizens United went ahead to produce television advertisements to endorse the movie and planned to run them on broadcast and cable television. However, the advertisements and the video-on-demand distribution had to be paid for, and as such, Citizens United opted to spend its general treasury funds. Consequently, Citizens United’s production and initiative was reflective of a violation of  § 441b of the constitution. Realizing the looming threat of facing possible civil and criminal charges, Citizens United rushed in to seek an injunction in federal district court, against the Federal Elections Commission (FEC), posing various arguments. First, Citizens United presented an argument claiming that  § 441b is unconstitutional with regard to the movie Hillary; a motion that the District Court denied and instead granted summary judgment to the FEC. In additi on, it argued that, as applied to the movie Hillary and the ads endorsing it, BCRA's disclaimer and disclosure requirements (BCRA  §Ã‚ §201 and 311) are also unconstitutional. According to BCRA

Thursday, October 17, 2019

English Law Essay Example | Topics and Well Written Essays - 1250 words

English Law - Essay Example At the risk of gross oversimplification, one can identify the following strategic positions: (A) Practitioners: In this position are all the people who provide services to individuals and institutions who must orient their behaviour toward the law, providing information about the likely outcome of relationships, deals and conflicts that are legally regulated. (B) Law Appliers: These are the positions officially consecrated for making authoritative interpretations of legal norms in concrete situations. It includes not only judges but also arbitrators and administrative officials, among others. (D) Educators: Someone has to socialize entrants, bind the field together and encode its structural constraints. While primary socialization is the responsibility of the schools in almost all legal fields, socialization is a continuing process and workplace influences are often as important as educational ones. (E) Moral Regulators: Legal professions all have systems that police behaviour and ensure conformity of actors: These include formal mechanisms like accrediting bodies, disciplinary boards, promulgators of legal ethics; as well as workplace influences, informal social networks and the like. (ii) Stakes. ... (iii) Capitals. The players in the legal field deploy various forms of capital. These include economic capital, cultural or informational capital (educational credentials, technical knowledge) and social capital (status acquired both outside and inside the field). The main role players in legal professions in England are barristers and solicitors. Academic requirements for qualifications as a barrister now include a degree - though not necessarily a law degree. Traditionally barristers went to the university but commonly studied some subject other than law. In recent decades however, and especially since the Second World War, a law degree has increasingly become the normal mode of entry to the bar. Over eighty percent of those who enter the bar now possess a law degree. Those who do not obtain a law degree must garner one of the limited number of places in one of the courses run by the universities that give instruction for the Common Professional Examination (CPE) - a one year basic law course after the degree course. Limits on student places for those courses are a restriction on entry not controlled by the profession. In 1975, the bar made a degree a prerequisite for entry, except for a special (and tiny) category of mature entrants. This w as the first effective entry barrier to the bar. Students must obtain a satisfactory pass in each core' subject as well as overall. The vocational course for the practicing bar is run exclusively by the Inns of Court School of Law in London. This course is a prerequisite for practice at the English Bar not only in England, but also as an English barrister in any Member State of the European Community. (Those who intend to qualify as barristers, but not practice, may select a different

Week 4 A 2 Case Study Example | Topics and Well Written Essays - 250 words

Week 4 A 2 - Case Study Example This will also help her to make decision on whether to develop a system which she will use for training or offer training manually. The most important aspect of system development is its implementation. This will require approval from management and users of the system. The system should meet needs of the users and also be cost effective. To ensure this is achieved, Susan should assess its efficiency using rate of return, payback period, or net present value methods. Payback period refer to duration which revenue gained from a project will cover the expenditure incurred for its implementation. It is a simple method to use before decision making. However, this method ignores time value of money. Rate of return method is also useful to calculate the total amount of revenue generated from a project. It is useful when comparing more than one project and is also easy to use. However, it ignores projects with low returns at the initial stages but yielding high returns in the future. It also fails to take into consideration time value of money. Finally, she may decide to use net present value method, whereby she will consider the future returns of a project and value them at present time. This method takes into consideration the entire project lifecycle. However, it difficult to calculate since it requires people with professional accounting