...times, and investigations on voter fraud are all potential issues being discussed by the federal government. If stricter laws go into effect, our nation will erase much of the progress it has made towards equality and will decrease the amount of...
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...Bush won the election for president by winning Florida by a mere 537 votes. Many questions arose during that time regarding disenfranchisement. This included many individuals who were wrongly purged from registration and prevented from voting based on felony convictions that did not exist. Florida is one of the states which has a law permanently disenfranchising anyone with a felony conviction unless pardoned by the governor. Those legally disenfranchised and mistakenly barred from voting were disproportionately African-American. “Laws that disenfranchise because of criminal convictions are the primary means of excluding adult citizens from suffrage in the United States today. In 2010 approximately 5.3 million people could not vote due to criminal convictions.” (Dittmer, 2011) The majority of these individuals are either on probation, parole or have completed their sentences. They remain disenfranchised based on state law. “Due to racial disparities in the criminal justice system, African-Americans are disenfranchised at seven times the national average. The racial effect of these laws is no coincidence...
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...Electronic Voting Literature Review Computer scientists who have done work in, or are interested in, electronic voting all seem to agree on two things: * Internet voting does not meet the requirements for public elections * Currently widely-deployed voting systems need improvement Voting on the Internet using every day PC's offers only weak security, but its main disadvantages are in the areas of anonymity and protection against coercion and/or vote selling. It's such a truly bad idea that there seems to be no credible academic effort to deploy it at all. The Presidential elections of 2000 brought national attention to problems with current American methods of casting and counting votes in public elections. Most people believe that the current system should be changed; there is much disagreement on how such changes should be made. The MIT/Caltech researchers [1] “see a promising future for electronic voting, despite its problems today” (under a few conditions). They advocate using the methods currently in use which result in the lowest average numbers of “uncounted, unmarked, and spoiled ballots,” like in-precinct optical scanning. Their report even proposes a framework for new voting system with a decentralized, modular design. Other researchers have done work in electronic voting; while they may not explicitly mention voting from remote poll sites, their work is nonetheless relevant to any effort at designing or implementing a remote poll site voting system...
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...INTRODUCTION This paper discusses the HealthSouth Case including the activities and subsequent prosecution of its CEO, Richard Scrushy. “During the trial of former HealthSouth CEO Richard Scrushy, federal prosecutors argued that Scrushy must have known something was amiss with HealthSouth’s financial statements since there was a discrepancy between the company’s financial and nonfinancial performance.” Over a ten-year period from 1987 to 1997, HealthSouth enjoyed above–average growth at a rate of 31 percent per year. (Jennings, 2012, 2009, p. 183) This phenomenal growth was due, in part, to a series of mergers and acquisitions let by the efforts of the company’s CEO, Richard Scrushy who ran the company with an iron fist and has at least one recorded conversation directing a CFO to fix the numbers over time. The fraud lasted for seven years and totaled approximately $2.7 billion. Mr. Scrushy denied knowing anything about the fraud, claimed it was all done by the people around him and was ultimately found not guilty of the fraud at HealthSouth but was convicted on bribery and corruption charges. Mr. Scrushy was ordered to pay $2.9 billion in restitution in a civil suit. “From at least 1996 until 2002, HealthSouth senior management perpetrated a financial statement fraud primarily through the use of nonstandard journal entries.” (Carmichael, 2010, p. 64) “Scrushy, once a high school dropout, worked as a gas station attendant and a bricklayer before retuning (sic)...
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...UNIT 2 Answer Key CHAPTER 5 IV. Section 4: Party Organization A. Structure Federalism, nominating B. Organization at the National Level 1. convention 2. chairperson C. State and Local Organization 1. election, caucuses 2. wards Prereading and Vocabulary 2 1. should cut back on expensive government programs Sample definition: Conservatives believe in cutting costs and government programs. 2. came to vote Sample definition: The electorate is the group of people who are allowed to vote. 3. voted at the polling place, elementary school Sample definition: A precinct is a small area from which all the residents report to vote at one location. 4. wards 5. bipartisan 6. nominate 7. Liberals 8. resign CHAPTER 5 Section 1 Reading Comprehension 3 1. Answers for rankings will vary. Historical basis: The two-party system is rooted in the beginnings of the U.S., when the ratification of the Constitution gave rise to the first two parties. Tradition: Most Americans accept the idea of a two-party system simply because there has always been one. Electoral system: Since only one winner per office comes out of each election, voters have only two viable choices—the candidate of the party holding office or the candidate with the best chance of replacing the current officeholder. Voters tend to think of a vote for a minor party candidate as a wasted vote. Republicans and Democrats work together in a bipartisan way to write election laws to make...
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...CHAPTER ONE INTRODUCTION 1.1 Background to the study Structured election process is one of the indicators of stability in Nigeria’s democracy. Elections in Nigeria continue to elicit more than casual interest by Nigerian scholars due to the fact that despite the appreciation that only credible election can consolidate and sustain the country’s nascent democracy, over the years, Nigeria continues to witness with growing disappointments and apprehension inability to conduct peaceful, free and fair, open elections whose results are widely accepted and respected across the country (Ekweremadu, 2011). All the elections that have ever been conducted in Nigeria since independence have generated increasingly bitter controversies and grievances on a national scale because of the twin problems of mass violence and fraud that have become central elements of the history of elections and of the electoral process in the country (Gberie, 2011). Despite the marked improvement in the conduct of the 2011 elections, the process was not free from malpractices and violence (National Democratic Institute, 2012). Thus over the years, electoral processes in the history of Nigeria’s democratic governance have continued to be marred by extraordinary display of rigging, dodgy, “do or die” affair, ballot snatching at gun points, violence and acrimony, thuggery, boycotts, threats and criminal manipulations of voters' list, brazen falsification of election results, the use of security agencies against...
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...Table of Contents I.) INTRODUCTORY PRINCIPLES 2 A.) Efficiency and Other Concepts 2 B.) Agency and Partnership Law 2 II.) INTRODUCTION TO THE CORPORATE FORM 16 A.) Formation and Structure 16 B.) Debt, Equity, and Valuation 22 III.) CONTROL OF CORPORATE DECISIONS 32 A.) The Role of the Shareholder 32 B.) Management Obligations 50 1.) Duty of Care 51 2.) Duty of Loyalty 56 3.) Duty of Fairness: Parent-Subsidiary Relationships 63 4.) Duty of Good Faith 64 5.) Management Obligations Under Federal Securities Laws 67 C.) Shareholder Litigation 76 IV.) Structural Changes 85 A.) Transactions in Control 85 B.) Mergers and Acquisitions 86 1.) Mergers 87 2.) Sale of Assets 93 3.) Asset Purchase or Tender Offer 94 C.) Public Control Contests 96 1.) The Poison Pill 100 2.) Enhanced Review When Business is Up for Sale 103 3.) Proxy Contests for Corporate Control 106 4.) Protecting the Deal: Shareholder Lockup Agreements 109 I.) INTRODUCTORY PRINCIPLES • Definitions o Corporate Law: The allocation of rights and power within a corporation; the internal body of law ▪ Addresses the creation of economic wealth through the facilitation of voluntary, ongoing collective action ▪ Flexible- expectation that market discipline will weed out what is not working ▪ Principle aim- reduce agency costs of all sorts o Securities Law: Regulates capital markets that corporations use to obtain funding ...
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...Social Structure & Social Interaction, Groups, Deviance, Poverty and Social Class Both Sides Microsociology emphasis is placed on social interaction- rules, codes, survival strategies, relationships, face to face contact. 1/54 Study: Speller Learn Test Play Games: Scatter Space Race All 54 terms PrintExportCopyCombine Order by Terms Definitions Microsociology emphasis is placed on social interaction- rules, codes, survival strategies, relationships, face to face contact. Location in Social Structure People's location in the social structure accounts for differences in their behavior & attitudes Ascribed Status involuntary status; a status you inherit o Class of parents, gender, sex, ethnicity, race Achieved Status voluntary status; a status you earn o Student, criminal, doctor, friend Society people who share culture & territory Hunting & Gathering Societies simplest form of society, few social divisions, few people, nomadic, most egalitarian [treat all as equals, no one is rich or poor], society with most leisure time. Role Conflict When what is expected of us in one role is incompatible with what is expected in another role. Role Strain When the same role presents inherent conflict- one role Thomas Theorem If people define situations as real, they are real in their consequences- think of people as less than and they will be treated as such. Group members of a group think of themselves as belonging together, they interact with...
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...Corporate Governance Blueprint 2011 Towards Excellence in Corporate Governance Suruhanjaya Sekuriti Malaysia 3 Persiaran Bukit Kiara Bukit Kiara 50490 Kuala Lumpur Malaysia Tel: 603-6204 8000 Fax: 603-6201 5078 www.sc.com.my Copyright © July 2011 Securities Commission Malaysia All rights reserved. No part of this publication may be reproduced, stored in or introduced into a retrieval system, or transmitted in any form or by any means (graphical, electronic, mechanical, photocopying, recording, taping or otherwise), without the prior written permission of the Securities Commission Malaysia. Perpustakaan Negara Malaysia Corporate governance blueprint 2011 : towards excellence in corporate governance Bibliography : p. 77 ISBN 978–983–9386–67–7 1. Corporate governance--Malaysia. 2. Industrial management. 1. Suruhanjaya Sekuriti Malaysia. 658.4009595 Cataloguing-in-Publication Data This book is printed using eco-friendly recyclable and bio-degradable paper CONTENTS FOREWORD BY MINISTER OF FINANCE II, MALAYSIA MESSAGE FROM CHAIRMAN OF THE SECURITIES COMMISSION MALAYSIA INTRODUCTION CHAPTER 1 v vii 1 5 SHAREHOLDER RIGHTS CHAPTER 2 13 ROLE OF INSTITUTIONAL INVESTORS CHAPTER 3 21 THE BOARD’S ROLE IN GOVERNANCE – – – – ROLES AND RESPONSIBILITIES INDEPENDENCE OF THE BOARD COMPOSITION OF THE BOARD COMMITMENT OF BOARD MEMBERS 43 CHAPTER 4 DISCLOSURE AND TRANSPARENCY CHAPTER 5 53 ROLE OF GATEKEEPERS AND INFLUENCERS CHAPTER 6 61 PUBLIC AND...
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...transform the world. The social and economic ravages of Jim Crow era racism were all-encompassing and deep-rooted. Yet like a phoenix rising from the ashes of lynch mobs, debt peonage, residential and labor discrimination, and rape, the black freedom movement raised a collective call of "No More"! The maintenance of white power had been pervasive and even innovative, and hence those fighting to get out from under its veil had to be equally unrelenting and improvisational in strategies and tactics. What is normally understood as the Civil Rights movement was in fact a grand struggle for freedom extending far beyond the valiant aims of legal rights and protection. From direct-action protests and boycotts to armed self-defense, from court cases to popular culture, freedom was in the air in ways that challenged white authority and even contested established black ways of doing things in moments of crisis. Dixie and Beyond By the middle of the twentieth century, black people had long endured a physical and social landscape of white supremacy, embedded in policy, social codes, and both intimate and spectacular forms of racial restriction and violence. The social and political order of Jim Crow—the segregation of public facilities—meant schools, modes of transportation, rest rooms, and even gravesites were separate and unequal. Yet the catch-all phrase "Jim Crow" hardly accounts for the extralegal dictates of black professionals working cotton fields, landholders thrown off their...
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...Business Associations Outline 1. Agency a. Creating the Agency Relationship i. agent and principal enter into an agreement (not required to be in writing....no K required) in which the agent acts on the principal’s behalf in entering K’s etc…. 1. if done within the scope of the agency (enter into K, etc…) anything done by the agent is binding on the principal 1. principal may be liable in K, tort, property, etc…. (Vicarious liability) ii. question of agency is a factual matter to be determined as a “matter of fact” b. Res 3d Agency 1.01 (definition of “Agency”) i. Agency relationship created when (First Question to ask when dealing with agency) 1. The principal manifests assent to have the agent act on the principal’s behalf and under the principal’s control; and 2. The agent manifests assent or otherwise consents so to act 1. When agency exists the principles of attribution bind’s the principals to agents dealings with third parties 2. manifestation need not be by words (spoken or written), it may be created by conduct/actions i. Agent rx believes that Principal has manifested assent, and has rx accepted ii. (Notes….Legal Consequences of Agency) 1. Inward Looking Consequences: relate to the relationship between the principal and the agent and are largely governed by the contracts between the parties and by the law of fiduciary duties 2. Outward Looking Consequences: relates to the relationship among the principal, the agent, and a third party and are governed...
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...economy. Audits, which were conducted to assess the validity and reliability of a company’s financial statements, were not detecting the material misstatements in the statements. As a result, both the US Government and the accounting profession needed to come up with a way to prevent these immense frauds from occurring in the future. As a response to these large frauds, in 2002, the US Government passed the Sarbanes – Oxley Act of 2002 (SOX) and the American Institute of Certified Public Accountants (AICPA) issued Statement on Auditing Standards No. 99(SAS No. 99) to improve investor confidence and the auditing function’s ability to detect material frauds. The intent of this thesis was to look at the fraudulent factors associated with several recent corporate frauds and compare them to the standards set by SAS No. 99. Through the analysis conducted, this thesis looks at the relationships between pressures, opportunities, and rationalizations made during the act of fraud. Table of Contents ABSTRACT ii INTRODUCTION 1 Sarbanes – Oxley Act of 2002 (SOX) 1 Statement of Auditing Standards Number 99 (SAS No. 99) 4 Parts of the Fraud Triangle 5 Types of Fraud 11 INSTANCES OF FRAUD 13 Enron Corporation 13 Adelphia Communications Corporation 17 AOL Time Warner, Inc. 20 Bristol-Myers Squibb Company 25 Global Crossing Limited 27 K-Mart 30 Tyco International, Ltd. 34 WorldCom 37 HealthSouth Corporation 41 CONCLUSION 45 Appendix: SOX Titles and Sections...
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...Conclusion…………………………………………………………………………………………………………………………………………….11 References……………………………………….……………………………………………………………………………………………………13 Toshiba Inc. is a Japanese multinational conglomerate that is considered one of the world’s leaders in information technology (Toshiba). In July of 2015, CEO Hisao Tanaka stepped down in light of the findings that Toshiba had been overstating its earnings for the past seven years by over $1.2 billion USD (Investopedia 2015). This scandal began in 2008 after the financial crisis and continued on until 2015, when an independent investigative panel released details of accounting fraud that included “(the) booking (of) future profits early, pushing back losses, pushing back charges and other similar techniques that resulted in overstated profits” (Investopedia 2015). While Toshiba’s executive management was found innocent of directly taking part in the fraud,...
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...Ethics is a broad term that people sometimes stretch to fit the way that is convenient to them, but in reality ethics is a strong sense of right and wrong. In our textbook Organization Behavior by Nelson and Quick, ethics is defined as “the study of moral values and moral behavior” (Nelson and Quick). Ethics are a very important aspect in an organization. Ethical behavior by an organization can set them apart from others and give an impression of a good, honest working company. Ethical behavior is defined as “acting in ways consistent with one’s personal values and commonly held values of the organization and society” (Nelson and Quick). This definition is a little more open ended because it gives the organization power to decide what is ethical. The key part of this definition is “values of the organization and society”. This aspect of the definition means that ethical behavior based off of societal values and not just personal beliefs. Unethical behavior in an organization can cost many companies. Things such as wrongful termination and other unethical behaviors can lead to lawsuits against a company. Organizations that have not abided by the codes of ethical behavior have had major consequences, which are shown in throughout this paper. A major question is should an absolutist view be taken towards ethics or should situations be judged at the time of the issue in order to apply the rules the way you see fit? When it comes to ethics any illegal actions are clearly...
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...Commitment to ethical professional conduct is expected of every voting, ssociate, and student member of the ACM. — preamble to the ACM Code of Ethics. We, the members of the IEEE, in recognition of the importance of our technologies in affecting the quality of life throughout the world, and in ccepting a personal obligation to our profession, its members and the communities we serve, do hereby commit ourselves to conduct of the highest ethical and rofessional manner... — preamble to the IEEE Code of Ethics 3.1 Introduction Some students react with surprise when told that there is even one published code of ethics for the computing disciplines. In fact, almost every professional organization dealing with the field of computing has published its own code of ethics. For this text, I selected the codes published by the two most influential organizations for computer professionals: the Institute of Electrical and Electronics Engineers and the Association for Computing Machinery. I also selected a third code, from the National Society of Professional Engineers. A variety of other professional organizations have published computing codes, such as the Data Processing Management Association and the Institute for Certification of Computer Professionals [6], but I selected the NSPE code because it is still relevant to computing and contains some useful points of contrast to the IEEE and ACM codes. As you study the three codes, it will become apparent that a code of ethics...
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