Business& Law Assignment Example | Topics and Well Written Essays - 1500 words

Business& Law - Assignment Example Tribunals gained full judicial mandate in the twentieth century, initially they composed of one chairperson and two experts in the relevant field. Tribunals were perceived to be more user friendly compared to courts due to their low cost and speed. The independence of tribunals got a major boost by the enactment of the human rights act 1998, which provided their full mandate in determining civil rights and criminal charges. This however, raised concern and prompted Sir Andrew Leggatt to draft the 2001 review. This review proposed the removal of tribunals from their sponsoring bodies and a department under the Lord Chancellor be tasked with the responsibility for policy and operations. This department would not engage in any disputes before the tribunal. The 2001 review further proposed the placement of all tribunal members under the leadership of a senior president to advice, support, and improve information which would help users to represent themselves where possible. The proposals were accepted and the Tribunal Courts and Enforcement Act 2007 was drafted and a harmonized Tribunals service was formed in April 2006 for all UK tribunals. A tribunal council under 2007 Act was established and tasked with reviewing the administrative justice system (ADAMS A, 2006). Reasons for Formation of Tribunals Before the Second World War, various tribunals were created to deal with issues such as War pensions, unemployment benefits, and old age pensions etc. However, in 1957 the tribunal system was under scrutiny by the Franks Committee. Frank suggested that tribunals were cheap, easily accessible, less complex and employs expert knowledge. It is known that the growth of Tribunals took place in an ad hoc form to deal with specific needs and demands (ADAMS A, 2006). Types of Tribunals Tribunals are part of the civil justice system. Some Tribunals function under local authorities or under government institutions. Tribunals exist in various forms depending on the case at hand. They include; First-Tier Tribunal/ the Upper Tribunal The First-tier Tribunal deals with appeals against government and public departments decisions. The Upper Tribunal based on the law hears appeals from the First-tier Tribunals. The Tribunal judges are qualified and the members of the Tribunal are specialists in various fields such as doctors, accountants, ex-service personnel etc (ADAMS A, 2006). Education Tribunals They are formed to resolve disputes that arise between parents and the school system concerning their children. They include: School Admission Appeal Panel These panels exist for parents whose children are denied admission to their preferred school. It cuts across primary, secondary, and maintained grammar schools. The admissions authority has the role of admitting a child and complying with parent’s preference unless doing so would jeopardize the efficiency and proper learning of other children. The school has to have an admission limit beyond which injustices would arise (ADAMS A, 2006). School Exclusion Appeal Panels Parents have the right to appeal whenever their children are excluded from school. The powers of the panel will depend on the nature and length of the exclusion. Not every disciplinary case amounts to exclusion, for example offences committed away from the school site or exclusion based on medical grounds. The panel’s options include upholding exclusion or directing reinstatement (ADAMS A, 2006). Special Educational needs and disability

Salvador Dalis Critical Paranoia Essay Example | Topics and Well Written Essays - 1500 words

Salvador Dalis Critical Paranoia - Essay Example Dali’s images - his bent watches, his figures, half-human, half chest of drawers – have made him the most famous of all Surrealist painters†. Like many Surrealists, Dali often painted the images he saw in dreams or in nightmHe deliberately cultivated delusions similar to those of paranoiacs in the cause of wresting hallucinatory images from his conscious mind. Like many Surrealists, Dali often painted the images he saw in dreams or in nightmares, but determining which was dream and which was simply his way of pushing social conventions remains difficult to determine. â€Å"Surrealism attempts to further our understanding of the human condition by seeking ways of fusing together our perceived conscious reality with our unconscious dream state† and Dali was a master. His philosophy of art involved embracing the inner animal and exposing the hidden insanity that lurks at the core of every human. Through Dali’s use of line, color, space, shape and other elements, Dali continuously presents unified dreamscape images that successfully combine concepts of the mind while presenting several sides of change from an emotional perspective. His final works often force viewers to consider them from both a distracted metaphysical perspective as in the dream-state as well as from the conscious state in which knowledge can be known and thus related to the overall presentation. His brilliant means of maintaining balance and harmony by repeating patterns through various elements serve to keep his paintings in a constant state of precarious stability that remains perfectly in tune with the message he is trying to convey. He ends up evoking a feeling much like one might feel if they were the spinning coin, standing on its edge and just waiting to find out which way it was going to drop.

Impact of Commodity Prices on Agriculture Industry

Impact of Commodity Prices on Agriculture Industry Cheryl Crispo Question 1(i). If there is a shortage in workers in the agricultural sector, wages will increase to attract and keep staff. This causes a shift in both the derived and primary supply curves occurs upward and to the left thereby decreasing quantity and increasing price. The change in prices on farm is reflected in both derived supply and primary supply curves are shown below in Figure 1. The margin is not significantly altered between the retailer and the farmer as it is shared between them (University of New England, 2014, pp. 10 Annotated Notes). Figure 1 Change in Labour Costs The primary demand and derived demand curves are not affected by the change in labour (input) price. Question 1(ii) Retail margins should be considered to have a greater margin for a number of reasons. Firstly, retailers may have anticipated price changes and have already elevated their price so a small increase can be absorbed readily and menu costs would be low. Secondly, cost increases may immediately be passed on to consumers whilst cost decreases are not passed on for a period of time. Lastly, the buying power of the retailer is much stronger than an individual farmer (or possibly even an industry agent) this may force the farmer to accept a lower price increasing the retailers margin. Question 2 The AECL is a voluntary organisation for egg producers in Australia (Australian Egg Corporation Limited). The AECL is attempting to utilise its membership in a cartel arrangement by â€Å"encouraging† their members to decrease the supply of eggs to market. The Australian Consumer and Competition Commission frown on cartel type arrangements as they are anti-competitive and are attempting, illegally, to control supply. Non-members can still produce as many eggs as they wish without this restriction. This in turns encourages members of the cartel to produce more or break the rules to remain competitive in the market. Question 3 The article outlines a number of key issues in respect to future productivity of the Australian agricultural sector. Research and Development It has been noted that the level of publicly funded research and development into agricultural commodities has decreased over the past few decades. Research and development is paramount to the ever increasing demand for agricultural commodities to fuel an ever increasing population in the long run. Methods to improve technology to decrease production costs, increase yields, and possibly more importantly to improve the effect on the environment and manage the risk of climate change. This improvement may entail improving the efficiency of the farm: i.e. using the less inputs to obtain an equivalent volume of output or altering the size of the farm so that scale efficiecieces can be utilised. With scarcity of resources such as land, water and also crop choice, the choice of commodity being produced with limited resources needs to be researched and evaluated: drought resistant crops, irrigation or other methods that will produce high yields, do not provide excessive externalities to the environment but also cam stand up to the changing climate of Australia need to be considered. Research and development comes at a significant cost, but the returns on the investment can be up to 40%. This research comes also at a significant time cost: the time spent on finding new production methods can be very extensive, take a long time to implement (depending on the production life cycle) and even longer time to have the outcome truly realised. Resource competition As with all resources, there is a finite amount of resources for production: whether it be available land, labour or capital, there will always e competition to achieve the highest amount of utility from a resource. If an employee can receive better wages working in the mines, then agricultural labour will shift as more employees leave for other industries. The wages of the existing (and new) agricultural workers will increase and the number demanded will decrease. From the farmers point of view, if a particular commodity is receiving a higher net price, the decision will be made to produce the commodity that will provide the greater profit, whether it be wheat, beef or mining or a combination of all three to maximise the profit to the farmer. The higher prices received by mining is a significant factor in farmers choosing mining over agriculture. The mining resource boom has also led to the Australian dollar being valued more highly in foreign exchange markets. Other sectors have not faired so well with this boom: they may receive a decrease prices for domestic commodities in the international markets. The Environment and Climate Change Climate change, and the environment in general, is a very complex, misunderstood, controversial and political issue that will plague the agricultural industry for many years to come. Its true effects cannot be measured readly – for example, has the effect on agriculturall output been due to climate change, poor management or a cyclical or unexpected series of events naturally occurring in natire? As mentioned previously, research and developmemt can assist farmers to improve the technical efficiency of farms but is often not included in productivity calculations. The risk from the environment can be mitigated (i.e. floods, drought, pests etc.) but these risks need to be established before production begins. Is it noted that figures within the article were devoid of climate change effects: externalities both positive and negative were also excluded. It appears that even though the environment is pivotal to agricultural production the long term effects are not taken into consideration. Therefore standard productivity calculations appear to be biased towards production inputs and only partially represent the actual productivity of the farm in question. The Total Factor of Production (TFP) The TFP figure can be misleading if all factors of production are not considered as a whole. An individual farm may produce multiple commodities (i.e. wheat and cattle) to doversify their risk and maximise profit. The TFP measure does not segregate the factors of wheat production and the factors of cattle productin: the technology such as irrigation systems, skilled (or unskilled) labour, farm equipment (tractors), grain / feed storage may habe dual purposes. By isolating specific on-farm functions only a partial analysis can be formed: there may be significant interdependencies between the commodities (i.e. the land may be left fallow for 1 season to allow the cows to fertilise therefore the land is regenerated and fertilised and less chemicals are required once planting resumes on this land). The standard TFP equation does not indicate from where the productivity gains (losses) originate from: it is only a measure of how much is changed. There are a number of aspects to consider, as mentioned previously, including scale and technical inefficiencies. The farmer can review the output to establish whether with the same inputs, that outputs could increase. Secondly, the farmer could also research, ecoomtrically, that the same output could be achieved by having a smaller land size. Maximum output is not always best when the quality is not at an acceptable standard. As farmers are profit maximisers they need to look deeper into their production methods to improve their profits and efficiency. International Efficiency Productivity is undoubtedly of the most significant issues in internatopnal competitiveness. Resource usage both on the domestic and internatoomal stages, is to use inputs efficiently within the agricultural sector so as to maximise revenue, but also keep the resources in the hands of farmers not other industries. In comparison to other sectors in the economy, from 198-2011 agriculture has been the highest growth rate by far. It is interesting to note that the growth rate for all sectors has been steadily decreasing since 1986 with a few minor exceptions. Has the lack of Australian research and development in these sectors contributed to only 0.9% increase over 25 years? It is also clear that the methods of evaluating productivity need to be taken into consideration when reviewing or analysing productivity data. The two institutions mentioned, ABS and ABARES are using difference performance criteria and sectoral data. When analysing different domestic and international segments, the performance criteria should be the same to avoid potential analysis errors. Conclusion Commodity prices will always be volatile – it is the nature of agriculture. It is noted that government intervention, that has been prevalent in the past, may not be necessary to maintain adequate food supply. The future of Australian agriculture is healthy, however steps must be take to ensure that appropriate and targeted research and development is increased rather than removed to ensure an adequate food supply but also ensure that the resources required are not depleted through transferrance to another industry or through environmental degradation.

The Breakfast Club :: essays research papers

The Breakfast Club Five teenagers who don't' know each other spend a Saturday in detention at the suburban school library. At first they squirm, fret and pick on each other. Then after sampling some marijuana, a real encounter session gets underway. The stresses and strains of adolescence have turned their inner lives into a minefield of disappointment, anger and despair. The catalyst of the group is Bender (Judd Nelson), a rebellious working-class punk who seethes with rage and attacks his peers with sarcasm. A cigar burn on his arm is a sign of the abuse he receives at home. Andrew (Emilio Estevez) is a Varsity letterman in wrestling. He's spent most of his youth trying to measure up to his father's machismo image of him. This entails winning in athletic competition and preying upon weaker peers. He and Bender clash. Brian (Anthony Michael Hall) is an unhappy honors student who wishes he could be accepted as a person and not valued just as a brain. Upset over a poor grade in shop, Brian has contemplated suicide rather than live with the ire of his disappointed parents. Allison (Ally Sheedy) is the eccentric of the group. "My home life is unsatisfactory," she confides. Living in her own fantasy world, Allison can't really tell the difference between the truth and the lies she fabricates. These teenagers don't like or respect their parents very much. One asks: "My God, are we gonna be like our parents?" Another in the group replies: "When you grow up, your heart dies." But the storm clouds over their lives are really the result of rigid high school caste systems. Despite an inappropriate music-video sequence and a phony up-tempo finale, The Breakfast Club offers a breakthrough portrait of the pain and misunderstanding which result from the social hierarchy created by youth themselves. The lookers and the jocks are popular and can do whatever they want — except relate to those outside their social circle of winners.

Accounting Information Systems Research Paper Essay

Abstract The Sarbanes-Oxley Act of 2002 (SOX) was enacted into law in 2002 in the wake of corporation financial reporting scandals involving large publicly held companies. SOX instituted new strict financial regulations with the intent of improving accounting practices and protecting investors from corporate misconduct. SOX requires corporate executives to vouch for the accuracy of financial statements, and to institute and monitor effective internal controls over financial reporting. The cost of implementing an effective internal control structure are onerous, and SOX inflicts opportunity costs upon an enterprise as executives have become more risk adverse due to fears of incrimination. The Public Company Accounting Oversight Board (PCAOB) was created by SOX to oversee the accounting process and dictate independence requirements for auditors and auditing committees. The PCAOB proposed regulations must be approved by the SEC before they are enacted. Since the passage of SOX, the IT department has become critical in designing and implementing the internal controls in company accounting information systems. The Information Technology Governance Institute (ITGI) created a framework called Control Objectives for Information and Related Technology (COBIT) to provide guidance for companies to implement and monitor IT governance. Accounting Information Systems Research Paper The Sarbanes-Oxley Act of 2002 changed the landscape of corporate financial reporting and auditing. In the wake of corporate reporting scandals, Congress decided the accounting profession was unable to self-regulate, and The Sarbanes-Oxley Act of 2002 was signed into law. The law addresses corporate greed and dishonesty by requiring companies to implement extensive internal control procedures to deter fraud and hold corporate executives accountable. The Public Company Accounting Oversight Board is the enforcement arm of the legislation, and is under the authority of the SEC to oversee accounting and auditing processes. Public companies are required  integrate internal controls in their accounting information systems to ensure data validity and security. The Sarbanes-Oxley Act of 2002 In the aftermath of several corporate financial reporting scandals involving large publicly held companies such as Enron, WorldCom, and Tyco, the United States Congress passed the Sarbanes-Oxley Act of 2002 and enacted it into law on July 30, 2002. The Sarbanes-Oxley Act (SOX) takes its name from its two primary congressional sponsors, Representative Michael Oxley (R-OH) and Senator Paul Sarbanes (D-MD) (Hoffman, 2005, p. 3). SOX instituted new strict financial regulations with the intent of improving accounting practices and protecting investors from corporate misconduct. The law is intended to protect stakeholders from corporate greed, fraud, and misleading financial reporting. SOX legislation tackles several important concerns including corporate responsibility, internal controls, auditor independence, financial disclosures, criminal and fraud liability, conflicts of interest, and corporate tax returns (Moffett and Grant, 2011, p. 3). Under the law, independent auditors and corporate officers of publicly traded companies must affirm both the accuracy of the financial statements and their supporting processes and data (Hoffman, 2005, p. 3). The law requires corporate officers to vouch for the effectiveness of the company’s internal controls and to be honest and transparent in financial reporting. SOX is organized under eleven titles, with the majority of the compliance principles written under sections 302, 401, 404, and 409 (A Guide to the Sarbanes-Oxley Act, 2006). Section 302 requires company officers to certify the truthfulness and completeness of quarterly and annual reports. Additionally, the signing officers are responsible for establishing and maintaining the internal controls, and must have evaluated the effectiveness of the controls within 90 days prior to certifying the financial statements (Hoffman, 2005, p. 4). Section 401 of SOX requires corporations to issue financial statements that are compl ete and accurate and include all material off-balance sheet obligations or liabilities (A Guide to the Sarbanes-Oxley Act, 2006). This regulation was instituted to prevent public corporations from hiding liabilities from investors, and thus artificially inflating stock prices. Section 404 requires public companies to establish internal controls and report annually on their effectiveness over financial  reporting. The CFO and CEO are held personally responsible for the internal controls via the requirement to sign a statement certifying the adequacy of the internal control system (Moffett and Grant, 2011, p. 3). Additionally, the company’s independent auditor must issue an attestation regarding management’s assessment of the internal structure as part of the company’s annual report (Bloch, 2003, p. 68). Material changes to a company’s financial condition or operations must be disclosed to the public in a timely manner under the provisions of Section 409. Rapid disclosure applies to all types of company information – i.e. product recalls, personnel changes, or loss of a major customer (Hoffman, 2005, p. 4). Internal Controls Effective internal controls protect a company’s assets, maintain compliance, improve operations, prevent fraud, and promote accuracy in financial reporting. In 1992 the Committee of Sponsoring Organizations of the Treadway Commission (COSO) designed an internal control framework of five components: the control environment, risk assessment, control activities, information and communication, and monitoring (Moffett et al, 2011, p. 3). Companies use this framework to implement internal control systems tailored to their own needs. No internal control system is infallible, however, effective controls provide reasonable assurance company assets are protected and financial reporting is accurate. Section 404 compliance. Section 404 mandates that Securities and Exchange Commission (SEC) registered companies implement and maintain adequate internal control procedures for financial reporting, and also appropriately assess and report on the internal controls’ effectiveness (Conway, 2003, p. 19). Company executives and audit committees are expected to take an active role in defining and evaluating the internal control structure and procedures. The COSO internal control framework is widely accepted as the best criteria for evaluation of a company’s internal control structure. Documentation of internal control procedures is essential to the evaluation process. Documentation provides evidence that controls have been identified and can be monitored. All relevant financial statement assertions and each of the five COSO internal control components should be documented. When documentation is lacking or nonexistent, independent auditors will report either a significant deficiency or material weakness in internal control (Conway, 2003, p. 19). Furthermore, documentation provides evidence that management applies wisdom to protecting company assets and instills integrity in financial reporting in a way that is pleasing to the Lord, as affirmed in Proverbs 24:3, â€Å"By wisdom a house is built, and through understanding it is established† (New International Version). Internal controls should be evaluated to determine whether they are operating effectively and to substantiate management’s assertion on the adequacy of the controls. Internal control testing and results should be documented, with deficiencies noted and remediation plans identified (Conway, 2003, p. 19). Upon completion of the evaluation process, management prepares its assertion on the effectiveness of internal control over the financial reporting process. As part of the independent audit, the external auditor will test and evaluate the internal control system, and subsequently attest to management’s assertion regarding internal controls. Section 404 impact on small business. One of the biggest concerns to small firms is the onerous cost of implementing Section 404 on internal controls. Companies have seen audit fees increase by as much as 30% due to tougher accounting and auditing standards required by SOX (Solomon & Bryan-Low, 2004). In addition to external auditing expenses, the cost of hiring employees to create, implement and monitor Section 404 compliant internal controls can be burdensome to small businesses. In addition to the financial burden created by SOX compliance, SOX imposes significant opportunity cost on corporations by making executives more risk-adverse by instilling in managers a fear of incrimination (Vakkur, McAfee, & Kipperman, 2010, p. 19). SOX inflicts extremely punitive measures on corporate executives to include penalties, incrimination, private litigation, and potential labor market penalties (Ahmed, McAnally, Rasmussen & Weaver, 2010, p. 354). When managers’ time is consumed with regulatory compliance, they are not focused on new-product development or growing the business, resulting in lower profits and reduced marketplace competitiveness. The PCAOB The Public Company Accounting Oversight Board (PCAOB) was created by the Sarbanes-Oxley Act to oversee the accounting process and dictate independence requirements for auditors and auditing committees (Kim, 2003, p. 236). In order to curb the system of accountants’ self-regulation, only two of the five members of the PCAOB may be current or former certified public accountants. The PCAOB conducts annual quality inspections of accounting firms that audit more than one hundred companies and triennial inspections of all other accounting firms (Kim, 2003, p. 241). The PCAOB has the authority to conduct special inspections of accounting firms at any time, and can impose sanctions on an accountant or accounting firm if the Board finds unreasonable failure to supervise any person associated with auditing or quality control standards (Kim, 2003, p. 241). The SEC maintains authority over the PCAOB, and must approve PCAOB proposed regulations in order for them to become effective. PCAOB Pronouncements Pronouncements related to accounting information systems. Auditing Standard No. 12, â€Å"Identifying and Assessing Risk of Material Management,† addresses the auditor’s requirement to understand the company’s information system, including related business processes, relevant to financial reporting. This includes understanding transactions that are significant to the financial statements, and the procedures by which these transactions are initiated, authorized, processed, recorded, and reported. The auditor is to obtain understanding of related accounting records, supporting information, and specific accounts that are used to initiate, authorize, process and record transactions. The auditor should understand how the information system captures events and conditions that are important to the financial statements and how information technology affects the company’s flow of transactions. Additionally, the auditor should become knowledgeable about the companyà ¢â‚¬â„¢s period end financial reporting process, including general ledger procedures, application of accounting principles, procedures used to process and record journal entries and adjustments, and procedures for preparing financial statements and related disclosures (Auditing Standard No. 12, 2010). Pronouncements related to internal controls. Auditing Standard No. 5, â€Å"An Audit of Internal Control over Financial Reporting that  is Integrated with an Audit of Financial Statements,† establishes requirements and provides direction for audit engagements of management’s assessment of the effectiveness of internal control over financial reporting that is part of a financial statement audit. Effective internal control over financial reporting provides reasonable assurance regarding the reliability of financial reporting and related financial statements. The auditor is required to plan and perform the audit to obtain appropriate evidence about whether material weaknesses exist in the internal control over financial reporting. General standards apply in the audit, including technical proficiency as an auditor, independence, due professional care, and professional skepticism. The auditor prepares and signs a report expressing whether the company maintained effective internal control over financial reporting that is dated and issued in conjunction with the report on the audited financial statements (Auditing Standard No. 5, 2007). Auditing pronouncements. SOX authorized the PCAOB to establish auditing and professional practice standard to be employed by registered public accounting firms. Auditor compliance is mandatory. On an interim basis, the PCAOB has adopted the generally accepted auditing standards as described in the American Institute of Certified Public Accountants’ Auditing Standards Board’s Statement on Auditing Standards No. 95, Generally Accepted Auditing Standards, in existence on April 16, 2003 (Auditing, 2003). Ethics and independence pronouncements. In accordance with Rule 3520, the registered accounting firm and auditors must be independent of the firm’s audit client throughout the audit and the engagement period. In accordance with Rule 3500T, the registered accounting firm and auditors shall comply with ethics standards as written in AICPA’s Code of Professional Conduct Rule 102, and interpretations and rulings as in existence on April 16, 2003 (Ethics & Independence, 2003). Quality control pronouncements. In April 2003 the PCAOB adopted as interim quality control standards the AICPA’s Auditing Standards Board’s Statements on Quality Control Standards, as in existence on April 16, 2003. The section requires that certified public accounting firms shall have a system of quality control for its accounting and auditing practice that ensures services are completely delivered and adequately supervised. Firm personnel are to comply with applicable professional standards and the firm’s standards of quality (Quality Control, 2003).  Attestation pronouncements. In April 2003 the PCAOB adopted as interim attestation standards the AICPA’s Auditing Standards Boardâ₠¬â„¢s Statements on Standards for Attestation Engagements, related interpretations, and statements of position as in existence on April 16, 2003. The practitioner shall have adequate training and proficiency in the attest function and the subject matter. The practitioner shall maintain independence in mental attitude, and exercise due professional care in the engagement. Work shall be adequately planned and supervised, and sufficient evidence shall be obtained to support a reasonable basis for the conclusion expressed in the report (Attestation, 2003). Future PCAOB pronouncements. The PCAOB is considering including an Auditor’s Discussion and Analysis (AD&A) with an auditor’s report. The AD&A could include information related to the audit, including audit risks, audit procedures and results. It could also include discussion related to the auditor’s views of management’s judgments and estimates, accounting policies and practices, and difficult issues. (Current Activities, 2013). SOX and PCAOB Impact on Accounting Information Systems The SOX requires that companies evaluate the effectiveness of both the design and operation of internal controls (Holmes & Neubecker, 2006, p. 25). Because of the reliance on accounting information systems for financial transactions and reporting, internal controls must be built into in the accounting system infrastructure in order to provide reasonable assurance that financial reporting is valid, complete, and free of fraud. Damianides (2005) stresses, â€Å"IT will be crucial to achieving this objective and establishing the foundation for a sound internal control environment.† Prior to SOX, there were no definitive requirements on the extent of accounting system information technology controls a company was expected to implement. Prior to SOX, wise managers and companies that placed high importance on integrity had already instituted internal control procedures. The bible speaks to this concept of being good stewards of the property entrusted to us. As noted in Proverbs 27:2 3, â€Å"Be sure you know the condition of your flocks; give special attention to your herds† (New International Version). Once SOX became law, more attention was given to internal controls that should be inherent in accounting information systems. Accounting  transactions from inception to disposition are automated, resulting in a direct relationship between IT effectiveness and operational effectiveness in companies (Holmes et al., 2006, p. 25). The chief information officer plays a critical role in SOX internal control compliance. IT professionals are tasked to provide accurate, visible, and timely information while ensuring the protection and security of information systems (Damianides, 2005, p. 77). IT governance is a process whereby a company’s IT system sustains and supports company goals and objectives (Gelinas, Dull, & Wheeler, 2012, p. 264). The Information Technology Governance Institute (ITGI) created a framework called Control Objectives for Information and Related Technology (COBIT) to provide guidance for companies to implement and monitor IT governance. The five key elements of the COBIT framework are: strategic alignment, service delivery, resource management, risk management, and performance measurement (Kepczyk, 2012, p. 5). Strategic alignment is the integration of the IT infrastructure into an enterprise’s strategic plans. Service delivery refers to the IT systems ability to securely provide information system access on any company-approved device from any location, on-site or remote. Resource management is the proactive monitoring and control of IT hardware and software costs, proactively applying cost-benefit analysis. Risk management encompasses the identification of threats and vulnerabilities to IT infrastructure, with proactive actions taken to mitigate potential impacts. Lastly, performance management is process of determining the acceptable levels of network performance and monitoring adherence through such tools as balanced scorecards and benchmarks (Kepczyk, 2012, p. 5). Businesses that apply biblical wisdom to learning and understanding legal requirements and how to implement them will be successful in overcoming the tactical challenges of complying with the law. We are reminding in Proverbs 1:5, â€Å"let the wise listen and add to their learning, and let the discerning get guidance.† Conclusion The Sarbanes-Oxley Act of 2002 is the most significant legislation concerning market regulation since the Exchange Acts of 1933 and 1934 (Holmes et al., 2006, p. 27). Public corporations are most impacted by the stringent internal control requirements. The PCAOB oversees accounting processes and auditing requirements. Companies that are successful in establishing and maintaining effective internal controls automate them within their accounting information systems. As the automation in business processes is continually growing, managers are challenged to ensure transactions are valid, security is strong, and reports are accurate and valid. References A Guide to the Sarbanes-Oxley Act. (2006). Addison-Hewitt Associates. Retrieved April 30, 2014, from http://soxlaw.com Ahmed, A., McAnally, M., Rasmussen, S. & Weaver, C. (2010). How costly is the sarbanes oxley act? Evidence on the effects of the act on corporate profitability. Journal of Corporate Finance, 16, 352-369. Attestation. (2003). Retrieved April 30, 2014, from www.pcaobus.org Auditing. (2003). Retrieved April 30, 2014, from www.pcaobus.org Auditing Standard No. 5. (2007). Retrieved April 30, 2014, from www.pcaobus.org Auditing Standard No. 12. (2010). Retrieved April 30, 2014, from www.pcaobus.org Bloch, G. (2003). Sarbanes-oxley’s effects on internal controls for revenue. The CPA Journal, 73(4), 68-70. Retrieved from http://search.proquest.com/docview/212294542?accountid=12085 Conway, R. (2003). Sarbanes-oxley, section 404: Achieving compliance. Orange County Business Journal, 26(15), 19. Retrieved from http://search.proquest.com/docview/211081168?accountid=12085 Current Activities. (2013). Retrieved April 30, 2014, from www.pcaobus.org Damianides, M. (2005). Sarbanes-oxley and IT governance: new guidance on IT control and compliance. Information Systems Management, 22(1), 77-85. Retrieved from http://search.proquest.com/docview/214122540?accountid=12085 Ethics & Independence. (2003). Retrieved April 30, 2014, from www.pcaobus.org Gelinas, U., Dull, R., & Wheeler, P. (2012). Accounting information systems (9 ed.). Mason, OH: Cengage/South-Western. Hofman, S. (2005). Beyond sarbanes-oxley requirements. ISeries News, 1-6. Retrieved from http://search.proquest.com/docview/219592654?accountid=12085 Holmes, M. & Neubecker, D. (2006). The impact of the sarbanes-oxley act of 2002 on the information systems of public companies. Issues in Information Systems, 7(2), 24-28. Retrieved from http://iacis.org/iis/2006/Holmes_Neubecker.pdf Holy Bible, New International Version ®, NIV ®. (1973, 1978, 1984, 2011). Retrieved from http://www.biblica.com Kepczyk, R. (2012). Raising your IT governance awareness. The Practicing CPA (Online), 40(8), 4-5. Retrieved from http://search.proquest.com/docview/1115475024?accountid=12085 Kim, B. (2003). Sarbanes-Oxley Act. Harvard Journal on Legislation, 40, 235-252. Retrieved from http://heinonline.org.ezproxy.liberty.edu:2048/HOL/Page?collection=journals&handle=hein.journals/hjl40&type=Image&id=241 Moffett, R. & Grant, G. (2011). Internal controls and fraud prevention. Internal Auditing, 26(2), 3-12. Retrieved from http://search.proquest.com/docview/863454394?accountid=12085 Quality Control. (2003). Retrieved April 30, 2014, from www.pcaobus.org Roman, H. K. (2012). Raising your IT governance awareness. The Practicing CPA (Online), 40 (8), 4-5. Retrieved from http://search.proquest.com/docview/1115475024?accountid=12085 Solomon, D. & Bryan-Low, C. (2004). Companies complain about cost of corporate-governance rules. Wall Street Journal, February 10. Retrieved from http://search.proquest.com/docview/398856653?accountid=12085 Vakkur, N., McAfee, R. & Kipperman, F. (2010). The unintended effects of the sarbanes-oxley act of 2002. Research in Accounting Regulation, 22(1), 18-28. Retrieved from http://dx.doi.org/10.1016/j.racreg.2010.02.001

Dalit Empowerment in India Essay

Dalits movement for empowerment started way back during second half of the nineteenth century with reformatory efforts to uplift the backward groups of Indian society, especially ‘Dalits’. Later on, it turned into seeking state intervention and generating the idea of paying special attention to Dalits/untouchables. Dalits/Untouchables have been described as â€Å"The oppressed of the oppressed and lowest of the low†, who have not been benefited from the opening up of modern economic, social, political and cultural opportunities. It is said say that at present, millions of people, belonging to Dalit community have been the victims of discrimination, violence, exploitation, untouchability, poverty, illiteracy, ignorance, other hate crimes and consequential disabilities for a very long time. They are treated as lesser human beings. Dalit’s movement for empowerment was initiated by non-Brahmins of South India. It had economic and social thrusts. It demanded education and land for backwards and freedom from caste rigidities. Some economically strong but educationally backward non-Brahmins groups resisted the hold of Brahmins on land, wealth, jobs in government and education. Access of modern education to all and spree of Reform Movements of early 19th century led anti Brahmin currents to gain momentum. By the end of the 19th century, it turned into a political movement. Non-Brahmin leaders, supported by other backward communities – Muslims, Indian Christians, untouchables and tribals, desired to secure a place for themselves in modern callings, to obtain legal rights and position of power through govt.’s intervention. They succeeded in fixing up quotas for them in the state Government jobs. During 1874 and 1885, Mysore state reserved 20% of middle and lower level jobs in the police department for Brahmins and 80% for Muslims, Non-Brahmins Hindus and Indian Christians. From Government jobs, it spread to educational field too, in order to prepare non-Brahmins for Government jobs. Around 1909, for the first time, the lowest strata of non-Brahmin Community or the service class, earlier known as Shudras, was conceptualized politically under the name of untouchables, when the Census Commissioner suggested excluding untouchables (comprising of about 24% of the Hindu Population and 16% of the total population at that time) from Hindu fold for forthcoming 1911 Census. The proposal had divided non-Brahmin Community into two Backwards and untouchables. Also, it had immediately increased the importance of untouchables in political circle, in social circle, and in their own eyes too. It had also made numbers important in taking political decisions. The suggestion to exclude untouchables from Hindu population was not acceptable to prominent National Hindu leaders at any cost, for whom continuous decline of the number of Hindu population had already been a matter of concern. Granting special electorate to Muslims had already weakened the National movement of Independence. They were concerned that such a proposal was made intentionally to divide Indians. That was a crucial point. Since then, the assertion of Dalit leaders has travelled a long distance and has passed through various stages. The whole of 20th century, especially the first and last two decades have been especially important for political empowerment of Untouchables/Dalits. Different terms have been used for Dalits at different points of time. Each one assumed importance, as Dalit movement has passed through various stages – ‘Shudras’, ‘Outcasts’ and ‘Panchamas’: Till the beginning of 20th Century, the lowest strata of Hindu Community were known as Shudras, Panchamas or outcastes. Existence of Shudras (at present referred as untouchables/Dalits) was recognized, as early as, Pre Mauryan Period (6th century BC to 3rd century BC). Though given a lower status, they were always an integral part of Hindu society. In ancient India, Shudras performed essential social and economic tasks as well as in agricultural sector. Segregation of lower castes in Hindu Society was not based on economic status or their incapability to do any intellectual work, but on cultural grounds – unclean habits, in-disciplined life style, speaking foul and abusive language etc. Conquered groups or individuals, groups engaged in menial or unclean occupations, groups clinging to the practices, which were not considered respectable, persons born illegitimately or the groups engaged in anti-social activities were treated as Shudras and were given lowest status in the society. Breaking the caste rules meant loss of caste, meaning complete ostracism or having no place in the society. Permanent loss of caste – out-caste- was considered to be the greatest catastrophe for an individual, short of death penalty. By the beginning of Christian era, the out-castes themselves developed caste hierarchy and had their own out-castes. In Western and Southern parts of India, they were kept outside the four Varnas. In the Northern and Eastern parts of India, they were very much belonged to fourth Varna â€Å"Shudra†, which was divided into two parts pure or non-excluded and excluded or untouchables. In ancient India all the social groups were placed more or less as a series of vertical parallels. All of the people living in a local area, whether high or low were bound together by economic and social ties and had a strong bond of mutual dependence. They cared and supported each other in fulfilling different kind of their needs. Socially, Shudras were supposed to do all sorts of menial work and serving the upper castes of the three Varnas. Respect to a person or group was never given on the basis of material success or control of power. There was hardly any room for any section of society to consider itself, as being placed in greater or lesser disadvantageous position with reference to another. Concept of forwards or backwards or feeling of exploitation of lower strata by upper castes was almost non-existent at that time. Many studies have shown that Hindu system always kept masses reconciled, if not contended in the past. Hindu Dharma taught the people that instead of holding others responsible, for all their sufferings, exploitation and miseries it was their own â€Å"Adharma† (immoral behaviour), â€Å"Alasya† (laziness) and Agyan (ignorance) which were to be blamed. It never prevented Shudras or others to rise in the scale of society or to earn respect of the society. In many parts of the country, people belonging to lower strata held position of power/superior status or earned respect of Hindu society. Many warrior kings of Shudra and tribal origin sought Brahmins’ help to acquire Kshatriyas status for themselves. Many Shudras were accepted and revered as philosophers or spiritual teachers. All troubles of lower strata of society started after the downfall of Hindu Raj and old Hindus values. Continuous invasions by Turks, Afghans and Mughals who earlier drained out the wealth of the nation to foreign lands and afterwards made India their homeland and ruled the country for centuries. Feudalistic attitude, extravagance and luxurious life style of rulers and those at the helm of authority, increased the disparity between the rulers and the ruled. Therefore, it can be said that it was not out of malice, but the circumstances, which has pushed Shudras away from the mainstream. The low status and sufferings of Shudras or their exclusion from the mainstream for centuries has gradually stopped growth of their personality and made them completely dependent on others for their livelihood. Centuries old enslavement, ignorance, suppression and ostracism shook their confidence, deteriorated severely their condition and made them to suffer inhuman treatment by other sections of the society. Depressed Class: During the nineteenth Century, in official circles lower castes were addressed as ‘Depressed classes or ‘Exterior classes. British government in India regarded these people as ‘Oppressed of the oppressed and lowest of the low’. Missionaries were trying to convert this section of society into Christianity. British rulers passed many Legislative regulations and administrative orders and declared denial of access to untouchables to schools, well, roads and public places as illegal. Till now, untouchable activities were combined with the intermediate castes’ non- Brahmin movement. But now all these developments inspired them to enter into the political arena under the name of â€Å"depressed class† and desired to a share in political power separately in India. Harijans: The attempt of British rulers in 1911 to exclude untouchables from Hindu population and continuous decline of number of Hindus cautioned the national leaders. In order to retain their Hindu identity, Gandhiji and his followers called them Harijans meaning the â€Å"people belonging to god†. On one hand, Gandhiji tried to create compassion in the hearts of forward communities for Harijans and on the other he appealed to Harijans to observe cleaner habits, so that they could mix up freely with other sections of society. Dalit leaders did not like the word Harijan as it symbolized a meek and helpless person, at the mercy and benevolence of others, and not the proud and independent human being that they were. During this period, the attention of humanitarians and reformers was also drawn towards the pathetic condition of untouchables. They took the path of Sankritisation to elevate them. In order to prevent alienation of untouchables from Hindu community, they drew the attention of forward communities towards inhuman condition of lower strata of society and tried to create compassion in their hearts for downtrodden. They gave top most priority to the abolition of untouchability. They tried to clarify that Untouchability was neither an integral part of Hinduism nor an outcome of Varna/caste system, nor have any religious sanctity, but an external impurity and sinful blot on Hinduism. They laid emphasis on education, moral regeneration and philanthropic uplift. They also appealed to untouchables to observe cleaner habits, so that they could mix up with other sections freely and become proud and independent human beings, which they were. Untouchables By 1909, the lowest strata of Indian society came to be known as untouchables. Emergence of Dr.Ambedkar on the political scene provided the leadership and stimulus to untouchable movement. He insisted to address untouchables just as untouchables. He regarded the terms ‘Depressed classes’, ‘Dalits’, ‘Harijans’ either confusing or degrading and contemptuous. Dr.Ambedkar made it abundantly clear, ‘It was through political power that untouchables were to find their solution, not through acceptance by Hindus’. He gave untouchable movement a national character and a distinct identity during late twenties and early thirties. Other prominent Dalit leaders like Mahatma Phule, Ambedkar or Gopal Ganesh vehemently criticized Hindu hierarchical structure and regarded untouchability as an inevitable concomitant of Varna/caste system. They taught the lower castes to get united and make eradication of caste system their major plank as it engaged them to forced labour or unsavory jobs, imposed many restrictions on them and prevented them from joining the mainstream of the society. According to them, Hindus treated lower castes as lesser human beings, meek and helpless persons, who should always remain at the mercy and benevolence of upper castes. They tried to find the solution of their problems through political power, not through acceptance by Hindus. By 1920’s, numerous caste organizations, especially in the South and West, organized themselves into larger collectiveness by keeping contacts and alliances with their counterparts at other places; formed associations and federations at local and regional levels and emerged as a powerful political force. Together, they demanded special legal protection and share in politics and administration on the basis of caste. In 1928, Simon Commission established their separate identity at national level, independent of intermediate castes as untouchables. It readily accepted their demands through Communal Award of 1932. Gandhiji along with other National leaders regarded it as the â€Å"Unkindest cut of all†, which would create a permanent split in Hindu Society, perpetuate casteism and make impossible the assimilation of untouchables in mainstream. Dr.Rajendra Prasad said, â€Å"The principle of dividing population into communal groups, which had been adopted in the Minto Morely Reforms, had been considerably extended, even beyond what had been done by Montagu Chelmsford Reforms†¦.The electorate in 1919 was broken up into ten parts, now it is fragmented into seventeen unequal bits†¦ Giving separate representations to Schedule Castes further weakened Hindu community†¦ Th e British introduced every possible cross-division†. Untouchables in Independent India: After Second World War emergence of the concept of ‘welfare state’ swept the whole world. Independent India, as a civilized democratic society, considered it its humanitarian obligation to uplift and empower the submerged sections of society. The overwhelming poverty of millions belonging to lower strata of society and their near absence in echelons of power at the time of Independence has led the government to of India to intervene. The Constitution of India has directed the Government to promote social justice and educational, economic and other interests of the weaker sections with special care. It instructed the Government to remove the poverty and reduce inequalities of income and wealth and provide adequate representation to the downtrodden in power echelons through Affirmative Action Program/Reservation Policy. Public facilities, which were denied to untouchables so far, should be made accessible to them. The successive governments both at national as well as provincial levels initiated various Welfare Plans and Policies for employment generation and their social, economic and political growth from time to time. Dalits: Dalit, a Marathi word means suppressed. The term was chosen and used proudly by Ambedkar’s followers under the banner of various factions of Republican Party of India (Formed in 1956). The Mahars of Bombay (8%), Jatavs of UP (Half of the SC Population in UP) and Nadars and Thevars of Southern TN being numerically significant, played a decisive role in taking forward Dalit movement. Maharashtra Dalit movement has a longest and richest experience. In 1972, a distinct political party, in the name of Dalit Panther was formed in Maharashtra. It organized the lower castes under the banner of ‘Dalit’ throughout India. One of the founders of Dalit Panther, Mr.Namdeo Dhasal widened the scope of Dalit by including SC, tribes, neo-Buddhists, landless labour and economically exploited people. Its orientation was primarily militant and rebellious. Dalit Sahitya Movement legitimized and reinforced the use of the term Dalit. Since then, this term is very popular amongst the unto uchables. Earlier, a few leaders of untouchables had at least some regard for the cultural tradition of India. They did not reject Vedic literature or the foundations of Hinduism, out-rightly. Dr.Ambedkar accepted that all parts of Manusmiriti were not condemnable. Gopal Baba Walangkar had said that Vedas did not support untouchability. Kisan Fagoi, another Mahar leader of pre-Ambedkar era had joined Prarthna Samaj. But present Dalit leaders are vehemently against cultural traditions of India, which according to them, are based on inequality and exploitation. There is always a fear of upper caste or intermediate caste backlash. In mid sixties, an aggressive Dalit movement started under the banner of Shoshit Samaj Dal in Central Bihar, which has, presently, become a major center of Naxalite movement. Dal was founded by Jagdeo Mahto, who began to mobilize the lower castes against economic repression and exploitation of women by upper caste feudal elements. The new phase of Dalit assertion is most prominent in the most populous state of UP, where the upper caste domination has been challenged by BSP (Bahujan Samaj Party) formed in 1984 under the leadership of Kanshi Ram and Mayavati. They redefined Dalit politics especially in north India. Their approach to Dalit issues was more socio-political rather than economic. BSP has started pursuing power with militancy since 1990. Of late, BSP has made significant inroads in UP, Punjab and Madhya Pradesh. BSP has borrowed all their phraseology from Dalit Panthers. Most of their utterances are arrogant, revengeful and opportunistic. Political and economic vested interests of its leaders have aroused militancy among discontented youths of different castes and communities all over the nation. They care only for rights and pay scant attention to their duties. There started a cutthroat competition for scarce positions of power and prestige. Once again, the tendency of ‘divide and rule’, as was there during British domination, has emerged in national scenario. The growing desire of Dalits to rule has made them very sure of their friends and foes. Dalit leaders, even after so many years of Independence has identified Upper Castes as their enemy and intermediate castes sometimes as their friends and sometimes as their enemies. Kanshi Ram, a BSP leader initiated a formula of DS4, meaning Dalit Shoshit Samaj Sangarsh Samiti, taking into its fold untouchables, STs, Muslims and OBCs. OBC leaders also know that Dalit parties now control a large vote bank. Therefore, from time to time, they try to please Dalits leaders in order to increase their own political strength. But Dalits are in no mood to play a second fiddle to other national political parties. They are aware of their growing influence and crucial role as a kink-maker in today’s highly competitive and unstable political atmosphere. All the three major national political formations – Congress’s UPA BJP’s NDA and National Front – are wooing frantically Dalit leaders and competing with each other to have a pre or post poll alliance with them. Instead of demanding a share in power structure, equity or social justice, Dalits now want to reverse the power equation and to transform the society by capturing all political power. Their aim is to get hold over the posts of PM-CM (Political Power) through electoral politics and control over administrative authority – the bureaucracy – through Reservations/Affirmative Action Program. There is an elite section amongst Dalits, which protects its turf under the banner of Dalits at the cost of poorest of Dalits. It does not care much to bring Dalit masses into the mainstream. For some, presence and miseries of large number of Dalits is a recipe for Dalit vote-bank, for others enjoying all the benefits of affirmative action programs initiated and implemented by the Government of India and other concessions given to them. Whatever might be the condition of Dalit masses, but the political power and arrogance of Dalit leaders and intellectuals are at rise. And here lies the crux of Dalit politics. Dalits at International platform Dalits are not satisfied even after having growing influence in ballot-box politics and attaining enough places in the government jobs. Since 2001, these activists have been pushing the cause internationally arguing that Indian Dalits are like blacks in US till 1950. They faced problems in workplace, at school and in temples. In 2005, some Dalit leaders belonging to All India Confederation have sought intervention USA, UN and the British and EU Parliaments on the issues of ‘untouchability’. UN recognizes religion, race, language and gender as main causes of inequality in the world. Dalit activists want caste to be included too in this category. They desire to have Global alliance, global involvement and intervention of the international community to put pressure on the government of India to address the problem Dalit marginalization. They feel that globalization and privatization has made it difficult for Dalits, tribals and OBC’s to compete on equal footing or fi nd enough space in the job market within the country or abroad. At the behest of the Republican Congressman from New Jersey, Chris Smith, the US Congress had held a hearing on 6.10. 05 on the subject. A resolution on the issue – â€Å" India’s unfinished Agenda: Equality and Justice for 200 million victims of the caste system† was prepared by the house committee on International Relations and US Human Rights to be tabled in the US Congress. â€Å"Despite the Indian government’s extensive affirmative action policies, which aim to open government service and education to Dalits and tribes, most have been left behind by India’s increasing prosperity†¦. Much much more remains to be done.† The resolution says, â€Å"It is in the interest of US to address the problem of the treatment of groups outside the caste system†¦ in the republic of India in order to better meet our mutual economic and security goals†¦.† So far, intensive lobbying by Dalit groups including followers of Ravidass sect succeeded in getting passed the Equity Bill on March 24, 2010 in the House of Lords. It empowered the government to include ‘caste’ within the definition of ‘race’. In 2001, India was able in keeping caste out of the resolution adopted at 2001 Durban Conference. Along with it, staunch supporters of Human Rights, some Scandinavian countries, Church organisations around the world and Lutheran World Federation have shown interest and expressed their solidarity with Dalits. Recently the comment of UN Commissioner for human rights, Navipillay asking India that â€Å"time has come to eradicate the shameful concept of caste† and proposals of UN Human Rights Council’s or US based Human Rights Watch (HRW) to recognise caste as a form of discrimination ‘based on descent and birth’ appear not to be based on rational understanding of caste system. Their opinion about untouchability is greatly influenced by the lobbying of powerful/influential Dalit leaders and Dalit intelligentsia. No one knows where the Dalit assertion will lead the nation to? It is not the paternalistic policies, (which have failed to yield so far the desired results) that are required for the upliftment and empowerment of submerged sections of society, but there is need to educate, make them aware of their rights and duties, provide enough employment opportunities and other civic facilities like health etc at the grass root level for the sustainable growth of backward communities.