Business Law Assignment Essay Example for Free

Business Law Assignment Essay This essay will explain the following four questions. First, would registration with the SEC be required for Dakota Gasworks securities? Second, Did Emerson violate Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5? Third what theory or theories might a court use to hold Wallace liable for insider trading? Finally, under the Sarbanes-Oxley Act of 2002, who would be required to certify the accuracy of financial statements filed with the SEC? Would registration with the SEC be required for Dakota Gasworks securities? Why or why not? Reliant Energy has registered securities and faces a takeover attempt, or third party tender offer, then the SEC’s tender offer rules will apply to the transaction. The filings required by these rules provide information to the public about the person making the tender offer. The company, Dakota Gasworks, is experiencing the takeover so they must file with the SEC its responses to the tender offer. These rules set time limits for the tender offer and provide some protection to shareholders. Did Emerson violate Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5? Why or why not? Moreover, Emerson did violate rule 10b-5 of the Securities exchange act, in where it protects against insider trading; which is the purchase or sale by person with access to information not available to those whom with those they deal or general traders. The person passing the information of the takeover, Emerson, violated this rule by passing information that wasn’t regularly available to general traders. What theory or theories might a court use to hold Wallace liable for insider trading? Furthermore, the theory behind the prohibiting insider trading is that is undermines investor confidence in the fairness and integrity of the securities markets. The SEC claims that finding and prosecuting insider trading violations is one of its enforcement priorities, and all investors need to be aware of the danger in trading from spoken knowledge that is not  publicly known to people who base their trading on this information. Under the Sarbanes-Oxley Act of 2002, who would be required to certify the accuracy of financial statements filed with the SEC? Finally, the intent of the Sarbanes-Oxley Act is to protect investors by improving the accuracy and reliability of corporate disclosures made pursuant to the securities laws, and for other purposes. The Act requires all financial reports to include an internal control report. This is designed to show that not only are the companys financial data accurate, but the company has confidence in them because adequate controls are in place to safeguard financial data. Year-end financial reports must contain an assessment of the effectiveness of the internal controls. The issuers auditing firm is required to attest to that assessment. The auditing firm does this after reviewing controls, policies, and procedures during a Section 4040 audit, conducted along with a traditional financial audit. Under Sarbanes-Oxley Act of 2002, the CEO and CFO of public companies are required to certify the accuracy of financial statements filed with the SEC. References: 1. Miller, Roger Jentz, Gaylord (2010) Fundamentals of Business Law: Summarized Cases 8th Edition, Cengage Learning. 2. The Sarbanes-Oxley Act 2002. (n.d.). The Sarbanes-Oxley Act 2002. Retrieved December 19, 2012 from http://www.soxlaw.com/

Is ADHAD Over-Diagnosed? Essay examples -- Diseases, Disorders

There has been an ongoing debate about whether the mental disorder ADHD (Attention Deficit Hyperactivity Disorder) is over-diagnosed. ADHD is commonly diagnosed in people, more specifically children, who lack the ability to pay attention, are often disruptive, are hyperactive, and impulsive. A medical personnel or a psychologist diagnoses the children using a list of criteria. It is only in recent years that doctors have begun researching better and more effective ways to diagnosis patients using brain scans. It is because of this, that ADHD is over-diagnosed for several reasons: the different personalities that children can exhibit; parents not taking responsibility as parents; and the lack of proper ways to identify ADHD. Each child is specifically unique in his or her own way. As a result, each child learns and acts differently. When a child is hyperactive or does not pay attention, parents are often worried that their child may have ADHD. However, that child may be a highly active child by nature and in need of exercise and a way to burn of all of that energy. In addition, various research has been done on the effects of the child’s age upon entering the classroom. To research the effect age could potentially have on children, a study was done in British Columbia that focused on 930,000 children between the ages of 6 to 12, from the years 1997 to 2008. They found that those born in December, typically some of the youngest in the class, â€Å"were 30 percent more likely to be diagnosed and 41 percent more likely to be treated with ADHD medication that boys born in January† (Dotinga). The research also showed similar results for girls. Although, the article claims that the findings, â€Å"†¦don’t prove definitively that any kids are... ...ot. Works Cited "Attention Deficit Disorder." - Symptoms, Causes, Diagnosis and Treatment by Medicalook. Medicalook. Web. 21 Mar. 2012. Dotinga, Randy. "Youngest Kids in Class More Apt to Get ADHD Diagnosis: Study." HealthDay Consumer News Service 05 Mar. 2012: Consumer Health Complete - EBSCOhost. Web. 21 Mar. 2012. Kanarek, Robin B. "Artificial Food Dyes And Attention Deficit Hyperactivity Disorder." Nutrition Reviews 69.7 (2011): 385-391. Consumer Health Complete - EBSCOhost. Web. 21 Mar. 2012. Kirkpatrick, LaVonne. "ADHD Treatment And Medication: What Do You Need To Know As An Educator?." Delta Kappa Gamma Bulletin 72.1 (2005): 19-29. Education Full Text (H.W. Wilson). Web. 26 Mar. 2012. Peacock, Judith. "Chapter Three: How Is ADHD Diagnosed?." ADD & ADHD. 19. Capstone Press, 2002. Consumer Health Complete - EBSCOhost. Web. 26 Mar. 2012.

Evolutionism Essay

Essay Critically discuss the Nineteenth Century theory of Evolutionism in relation to the social development of cultures. special development of cultures. Anthropology originated in the late 18th and 19th centuries. Missionaries, traders and travellers in Africa, North America, the pacific and elsewhere provided the first great anthropological works. Anthropology is the holistic study of the biological, social and cultural aspects of mankind, paying particular attention to the relationships between our physical and cultural natures and between culture and the nvironment. Anthropology is basically the study of the human species and its immediate ancestors. Early thinkers’ such as Hume, Smith and Montesquieu wrote about primitive institutions which they argued about amongst themselves. Their conclusions were not based on any scientific that could be tested but from principles found in their own culture. They laid the foundations for modern social anthropology believing that universal laws found in nature could be applied to human society. The thinkers were concerned with social evolution and progress. The term evolution was opularized during the 19th century by Herbert Spencer to mean cultural evolution. Evolutionists were those who believed that the cultures and life forms being studied are evolving toa particular form. Evolutionism is the idea that this universe is the result of random cosmic accidents, life arose spontaneously through chemical processes and all life forms are related and share a common ancestor. Evolution is a process of formation, growth and development from generation to generation. Socio- cultural evolutionism describes how cultures and societies have changed over time. In the nineteenth century Edward B. Tylor maintained that culture evolved from simple to complex and all societies passed through three basic stages of development which was originally suggested by Montesquieu. The three stages are called the lines of human progress which states that man evolved from savagery to barbarism and finally to civilization. Man became civilized after discovering pottery. To account for cultural variation different societies were at different stages of evolution. Simpler people of the day had not yet reached higher stages. Some ocieties were more evolve than others. Evolutionists believed Western Europe had evolved from a backward society to a more advanced society. Simpler contemporary societies were thought to resemble ancient societies. More advanced societies exhibited traces of earlier customs that survived in present day cultures, this was known as ‘survival. ‘ Pottery is an example of survival, earlier people made their cooking pots out of clay, today pots are most often made with metal because they are most durable but dishes are preferred to be made out of clay. Tylor correlates the hree levels of social evolution to types of religion: savages practicing animatism, barbarians practicing polytheism, and civilized man practicing monotheism. Tylor includes knowledge, belief, art, morals, law, custom and any other capabilities and habits acquired by man as a member of society,† Tylor believed that because of the basic similarities common to all peoples, different societies often find the same solutions to the same problems independently. Tylor also noted that different cultural traits may spread from one society to another by a simple means of diffusion hich means the borrowing by one culture of a trait belonging to another as the result of contact between the two societies. Lewis H. Morgan was one of the most influential evolutionary theorists of the nineteenth century. In his book Ancient Society, he divided the lines of human progress into the three stages and further divided savagery and barbarism into upper, middle and lower segments. Each stage was distinguished by technological development and connected in patterns of subsistence, marriage, family, and political organization. Middle savagery was arked by the acquisition of a fish diet and the discovery of fire, upper savagery by the bow and arrow, lower barbarism by pottery, middle barbarism by animal domestication and irrigated agriculture, upper barbarism by the manufacture of iron, and civilization by the alphabet. Morgan believed family units became smaller and self contained as society became more developed. Johann J. Bachofen developed a theory of evolution of kinship systems which was agreed upon by Morgan. Morgan believed in the theory of ‘primitive promiscuity,’ which means that human society had o sexual prohibitions and no real family structure. Primitive promiscuity can be divided into ‘matriliny where descent was traced through the female only, ‘patrilinV where descent was traces through the male only and ‘polyandry were several husbands shred one wife. Morgan believed that family units became progressively smaller and more self-contained as human society developed. However, his postulated sequence for the evolution of the family is not supported by the enormous amount of ethnographic data that has been collected since his time. For xample, no recent society that Morgan would call savage indulges in group marriage or allows brother-sister mating. Modern social anthropologists regard these reconstructions as over amplifications of events that can never be known in detail. The efforts of early writers were only historical enquiries. At this stage it became clear that there was no evidence which could detail the earliest stages of society and few societies developed in total isolation of other human cultures or outside influence. The evolutionists became unpopular by the nd of the nineteenth century. The school of Diffusionists became popular, they brelieved tahat cultural change and progress were mainly due to borrowing because items of culture were mainly transmitted from one society to another. Despite the errors of the nineteenth century scholars, modern social anthropology owes much to their efforts because of their interest in the social institutions of different societies and the methods used to draw conclusions. The current anthropological view concentrates mainly on the institutionalized aspects (kinship, marriage and religion) of culture taking into ccount systems of belief, values and ideas. Modern anthropology relys mainly on fieldwork which is the gathering of data which organizes, describes, analyzea and interprets to build and present that account which may be in the form of a book, article or film. The latest investigations regarding early humans is that mankind civilization through the slow gain of knowledge. Reference: * Introduction to anthropology 101 (course book 2010) * Culture vs civilization http://www. edward]ayne. com/culture/fallacy. html http://www. as. ua. edu/ant/Faculty/murphy/436/evol. htm * Wikipedia

Genetic Effects of Intensive Breeding Essays - 4289 Words

What is Intensive Breeding? Intensive breeding is a breeding system which aims to get a specific desired genetic trait from a species. Intensive breeding is done in order to get various genetic variations (Colour variation – Figure 1) within a certain population, which will eventually lead to an economic incentive higher than that of an original colour variation species. Intensive breeding has got its advantages and disadvantages. Selection for a rare trait is desired for the monetary benefit, where many game farmers don’t realise the drastic negative genetic impacts. Hunting has always been a past-time where a lot of enthusiast participate in the hunting of wildlife living in their natural environment. They find pleasure in†¦show more content†¦From the information above, it is entirely logical that intensive breeding projects are being developed to help the conservation of this animal. Some mentionable organisations that aim to conserve the cheetah species are De Wildt in Britz, Pretoria North and Cheetah Outreach in Somerset West. These organisations strive to conserve the particular species in their natural habitat. The average price for a Cheetah auctioned in 2011 was R25 000, where in 2010 the average price for a Cheetah auctioned was R67 292 (Figure 1). In the same way that the conservation of the cheetah is being looked after, the same form of help could be used for the many other critically threatened species. By implementing intensive breeding projects, game farmers can contribute to some of the rare antelope and animal species. Roan antelope are listed as an endangered antelope species. This particular antelope has declined drastically in numbers due to hunting pressures which have occurred in the past. Roan antelope can only be found in areas where there have been intensive conservation efforts made. This species has a gestation period of about 40 weeks, and has a high rate of mortality of up to 80% in the first seven weeks (Groenewald 2014). Shown in Figure 1, the average price of a Roan antelope auctioned in 2012 was R223 650 (Bezuidenhout 2013). Sable Antelope are the most sought after antelope species (Groenewald 2014). This is mostly due to their scimitar horns which can grow upShow MoreRelatedGmo, The Labeling Of Gmos And The Controversy Surrounding Gmos1073 Words   |  5 Pagesgenes are taken from one species and artificially put into another, usually an unrelated species genes. This is done through what is called genetic engineering or GE. Crops can be genetically engineered to withstand applications of herbicide and insecticide. Some crops are even modified to produce insecticide. â€Å"Genetic engineers seek plant resistance to the effects wrought by weeds, insect pests, plant diseases, droughts, and floods. 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The effects of the growing population is at a steady incline of 1.14% per year compared to the rate of agriculturalRead MoreEnvironmental History Of The Oceans And Seas1692 Words   |  7 Pageshighlights human exploitation from aboriginal population to contemporary mismanagement and industrial fishing. Although it was initially believed that aboriginal populations had little to no effect on marine ecosystems because of the â€Å"ecological Indian† myth, scholars have begun to highlight aboriginal societies’ effects on marine ecosystems, creating the â€Å"shifting baseline syndrome.† In Jon Erlandson and Torben Rick’s Human Impacts on Ancient Marine Ecosystems, a collaboration of scholars examine early