...When Should Eminent Domain be Used? When should a city or state use their eminent domain powers? Over the past few years there have been a couple of cases that raised the questions of when eminent domain should be used. One of the most controversial cases in the history of the United States was the Kelo v New London Supreme Court ruling. In order to generate tax revenue, add jobs, and to prevent bankruptcy, the government’s right to initiate eminent domain for public good is a necessary evil. Eminent domain in definition is “the right or power of public purposes without the owner’s consent on payment of just compensation” (“Eminent Domain History”). Eminent domain has been a part of the United States ever since the constitution was created. Eminent domain is not stated in the constitution. However, it is implied at the end if the Fifth Amendment, " [no person should] be deprived of life, liberty, or property be taken for public use, without just compensation" (U.S. Constitution). Eminent domain is not new to the United States. The first eminent domain case was “in 1879 the Supreme Court, in the case of Boom Co. v. Patterson, (98 U.S. 403) said that eminent domain appertains to every independent government. It requires no constitutional recognition; it is an attribute of sovereignty" (“Draw the Line”). After World War II, eminent domain was used on a regular basis. "In 1954, the Supreme Court ruled in Berman v Parker that private projects meet the definition if...
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...Profile of Lehman Brothers Lehman Brothers, which shook the US financial system with a statement declaring itself bankrupt Monday, is the fourth-biggest New York investment bank with roots going back to 1850. By AFP September 15, 2008 Be the first to post a comment NEW YORK - Lehman Brothers, which shook the US financial system with a statement declaring itself bankrupt Monday, is the fourth-biggest New York investment bank with roots going back to 1850. The bank, one of the most prestigious names in finance, employs about 27,000 people after staff cuts in response to asset writedowns totalling 13.8 billion dollars because of the subprime home-loan crisis. OPERATIONS: Lehman is one of the banks at the heart of the US, and global, financial system, being a primary dealer in US Treasury securities - US debt instruments. It has operations in investment banking and asset management, mainly through its Neuberger Berman unit. FINANCES: Lehman posted a loss of 3.9 billion dollars in its third fiscal quarter to the end of August, following a 2.8 billion-dollar loss in the second quarter. The firm has written off 13.8 billion dollars linked to the US subprime mortgage crisis, and has raised 10 billion dollars through share offerings this year. SHARE PRICES/VALUE: Lehman shares have slid from a high point of 66 dollars in February to less than 10 dollars. The 85-percent drop places its market capitalization at about 5.5 billion dollars, close to the level of...
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...College of Denver Chul-Young Roh East Tennessee State University ABSTRACT The issue of audit reporting for financially distressed firms continues to be of interest to the public and to legislators. Previous studies have consistently shown that auditors fail to issue going-concern opinions to more than half of bankrupt firms one year prior to bankruptcy. The Enron and Arthur Andersen failures in late 2001 and early 2002, respectively, led to the enactment of the Sarbanes-Oxley Act (SOX) in July 2002. Audit firms now claim that they have become much more conservative with respect to client retention and acceptance decisions because the risks associated with auditing increased significantly after the enactment of the SOX. The primary purpose of this study is to provide a basis for a proper evaluation of auditors’ performance. We conducted performance comparisons between the pre- and post-SOX periods. Although auditors are now expected to use a more vigorous audit process in deciding whether to issue going-concern or other qualified opinions to financially distressed firms, our preliminary results show that there is no significant difference between the two periods. Key words: Audit Decision, Going-Concern, Opinion, Z-score, Industry Failure Rate The Effect of Sarbanes Oxley, Page 1 Journal of Finance and Accountancy INTRODUCTION The Enron and Arthur Andersen failures in late 2001 and early 2002, respectively, led to the enactment of the Sarbanes-Oxley Act...
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...projected that Social Security will be depleted by 2037 (Crutsinger, 2010). It is imperative that the citizens of the United States plan for their own retirement. Social Security will be unable cover the needs of future retirees. The average retired couple receives only approximately $1,892 per month according to www.ssa.gov (2010). This falls well below the median income of $5,746 made by married couples without children according to The U.S. Census Bureau (2007). There are particular qualifications that must be met in order to receive benefits and the trust fund has a high probability of going bankrupt. However, it is possible to solve our financial dilemma by privatizing Social Security. “Treasury Secretary Timothy Geithner, the head of the trustees group, said the that the longer we wait to address the long-term solvency of Medicare and Social Security, the sooner those challenges will be upon us and the harder the options will be.”(Crutsinger, 2010). This article will go further into detail about the current state Social Security and Medicare as well as how privatization will protect the American people. Some qualifications to receive benefits are startling. An ex-spouse may be eligible for survivors benefits if the marriage lasted ten years or more. There are some refugees and other non-citizens that are eligible for Social Security for up to seven years according to www.ssa.gov (2010). Early retirement is an option at the age of 62; benefits are reduced for each month before...
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...charged hero is, obviously, Wikileaks originator Julian Assange, and the exchange of him has run from Raffi Khatchadourian's June picture in The New Yorker, which makes Assange resemble an expert spy in a John le Carré novel, to Tunku Varadarajan's epic muckraking bloviation in The Daily Beast: "With his bloodless, pallid face, his thin hair emptied of all shade, his languorous, exceptionally un-Australian appendages, and his atmosphere of blinding whiteness that seems to concede no subtlety, Assange looks every last bit the flippant, uber-geek blackguard." Some have gotten for making Assange bankrupt" (regardless of the fact that we must maltreat universal law to do it), while others, going from Daniel Ellsberg to Assange himself, suppose he is (in Ellsberg's statements) "in some threat." I don't question that Assange is in peril, yet regardless of the possibility that he is made bankrupt by capture, death or character indictment with charges of sexual offense, it might not stanch the stream of mystery reports into the general population area. To think generally is a failure that reflects a huge misjudging of the way of Wikileaks and the subculture from which it developed… It has long been a moral rule of hackers that thoughts and data are not to be...
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...computer system giving us, but without Print-Rite, the entire system is worthless. We have sued because of non-delivery of Print-Rite, which was verbally promised to us, but not documented in our proposal or in the contract. They have countersued for breach of contract. Goals and Decision Makers My goal is to attain Print-Rite with a profit sharing deal as opposed to an upfront payment, and thus removing lawsuits. I want to pay no upfront cost for the first year, and then make annuity-due payments of 5% of profits for years 2-5. I also want their help in training our clients on how to use Print-Rite, as it is not very user-friendly, and providing strong support to ensure the best service for our clients. This is nearly double the PV of the current monthly cost of Print-Rite. My BATNA is to sue Scott, hopefully reach a settlement, while in the meantime try to find another computer company to use for this project. My bottom line is 25% of profits, since this would double our annual cost to them and would be excessive, even though our BATNA is weak. S.S. Scott and I are the prime decision makers and there are no other influencers that need to be addressed. Underlying Needs and Interests I need to back away from the litigations since both suits look unfavorable for us. Our case against them is not very strong, and if lost would lead us to bankruptcy. Also their case against us is strong, and if we lost that case, it would lead us to bankruptcy. The legal...
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...throughout his life and how his memory still lives on with us today. (Transition: Walt Disney was an extraordinary man who has impacted everyone’s lives throughout the years.) Starting off Walt Disney’s career in the 1920s, he opened his own small company in the Kansas City area and called it, Laugh-O-Gram. His first major series was called Alice Comedies. These silent cartoons were produced from 1924-1927. The company eventually went bankrupt. (Transition: After his company went bankrupt, Walt then moved to Hollywood to start new) There he then created Mickey Mouse who is the best known creation of his. Mickey Mouse first appeared in “Steamboat Willie” on November 18, 1928 at the Colony Theater in NY. This was the world’s first synchronized sound cartoon. Walt Disney was originally going to name his masterpiece, Mortimer Mouse. His wife is the one who convinced him to use “Mickey”. According to his brother, Roy Disney, Mickey Mouse was Walt’s alter ego. Disney created many more well-known cartoons such as Minnie Mouse, Donald Duck, Goofy, Pluto, and Daisy Duck. (Transition: Now that Walt Disney has created these cartoons, he takes the next step in his career) Walter and his brother Roy were co-founders of Walt Disney Productions; Walt became one of the best-known motion picture producers in the world. The corporation he co-founded, now known as The Walt Disney Company, today has annual profits of approximately US $30 billion. The first full-length animated musical feature...
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...Kim. I feel as though the main point in this essay would be the difficulty in transitioning from a rich girl in Korea with limos, maids and a governess, to living in the U.S poor. Not speaking the language and having to do everything for themselves. In Korea the Kim family had wealth and all of the luxuries that came with it and we forced to flee to the U.S when the father went bankrupt because bankruptcy was punishable by jail time. The author took public transportation for the first time at 13 years old. This was strange for her because before she was driven to school. She also had difficulties understanding some of the terms used here such as “fresh off the boat” when she had in fact flown to the U.S. In her English as a second language (E.S.L) class she now has to interact with kids that she would have little to no contact with in Korea. The class division is even more pronounced because she knows that the wealthier Korean immigrants migrated to Westchester or Manhattan whereas she and her family were in Queens. Suki Kim stated that she was a part of the 1.5 generation. She stated that “Many of us came to America in our teens, already rooted in Korean ways and language” Kim, S. Facing rich poverty with a rich girls habits. In The interpreter. This generation clashed with first generation immigrants who barely spoke the language they also clash with second generation who were more Americanized and to her even more foreign. I feel as though the audience of the piece is...
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...------------------------------------------------- medicare trust fund January 17, 2016 Charles gunter January 17, 2016 Charles gunter In 1965, United States instituted the most influential health program in our history. The Medicare and Medicaid program ensured that the aged, disabled, and poor had access to healthcare. The importance of a healthy society had finally made it to the mainstream and become a part of public policy. In this presentation, we will discuss the Medicare program. The Social Security Administration hosts the program and the “Centers for Medicare & Medicaid Services (CMS), a branch of the Department of Health and Human Services (HHS), is the federal agency that runs the Medicare Program” (Centers for Medicare & Medicaid Services, 2015). To enable these programs to work, funds must be allotted for services. The Medicare Trust Fund is one such vehicle. Currently, although suffering a few hits over the years, the Medicare Trust Fund has expanded and contracted through healthy and unhealthy periods (mostly healthy). Fortunately for the rapidly expanding American elderly population, the current state of the fund is promising. The fund has historically faced challenges and may continue to do so, but policymakers are faced with such a large aging (and voting!) population that the health of Medicare will always be top priority. Many factors that create challenge include fund solvency, fraud, and the growth of the population who fall...
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...gm caseHistory: “What’s good for GM is good for the country, now GM is bankrupt so it’s true that what’s bad for the GM is bad for the country”. General motors were founded by William Billy in 1908, has production units in 31 countries and business operations in 158 countries. The company deals in automobiles and has remained as a market leader for decades. After its 100 years now the company filed a petition for bankruptcy in 2009. The company financial reports were showing a decreasing trend since 2005. The case study has discussed the root causes, issues and their implication on the future of GM. Also suggestions are given and we will also add some more to it. Root causes: 1) The biggest mistake was that GM stopped the EV1 electric car program. Toyota came forward with that and took the lead in the form of hybrid car (Prius). 2) Another mistake was the selling control of general motors Acceptance Corporation which was the financial strength of GM. 3) GM Over reacted to the truck boom. They diverted money and time to production of SUV’s (sports utility vehicles) 4) According to some experts the initial mistake was not filing the bankruptcy sooner. 1) GM management was unable to access adverse economic environment. US economy was going through recession. 2) GM financial discipline was weak. The directors were unaware of financial regulations and Further GM was having very unregulated credit system. 3) Raw material prices were high. 4) GM was...
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...underlying bonds. The shock happened because when the housing market went south, the people who shorted housing were due to be paid a lot, and the banks were overexposed to cover those losses. The Fed Reserve's role was to utilize monetary policy to ensure liquidity in this credit crisis, when banks were cash strapped. Thus, they lowered interest rates. We also saw capital flows into the US economy in the form of sovereign wealth funds helping to infuse capital into banks like Merrill Lynch and Citi. Furthermore, one should be cautiously optimistic about the current state of the economy. The cautious optimism is evident in the Big Three indicators of the US economy: GDP, Unemployment, and Inflation. As for GDP growth, since 2009, growth has been hovering between around 0 and 5%. However, when considering the changes in government expenditures, whenever the government’s spending decreased, real private investment and residential investments decreased as well. As for unemployment, although the Unemployment rate has been trending downward, and now averaging 5% for the first time since 2008, the US Economy demonstrates that the changes in nonfarm employment has been drastically decreasing. So unemployment numbers look better because people aren’t being counted in the labor force. Also, inflation has remained around 2% for the past few years, but concerns are around the real interest rate falling negative. Several shocks hit the U.S. economy post 2008, some of which include: The collapse...
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...to live off the amount of benefits that we each will receive. This would be one of the worst thoughts a person should have in his or her mind. What kind of savings or other forms of financial income would a person is able to depend on if the social security program should happen to cease? It would be a mistake to entertain this type of thinking because social security is not only going bankrupt, but there is also a possibility that the social security program will cease to exist. I strongly urge Americans to think momentarily about the amount of benefits that he or she will receive and if it will be enough money to keep up the cost of living, and to support a family at the same time . We, as Americans, should start to save money for the retirement years at an early age instead of depending solely upon living off social security benefits. The facts are that social security system will most likely be bankrupt or non-existent when the younger generations reach the age of retirement. The social security program has been in trouble for a number of years and is one its way to becoming bankrupt. According to The Heritage Foundation, “As millions of baby boomers approach retirement, the program's annual cash surplus will shrink and then disappear. Our children may be faced with the choice of paying retirement benefits to their parents or paying for programs that help their own children. That future is coming, and no amount of wishful thinking will change that”. (David, 2005)...
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...prices. The one that sticks out to me is when they signed a 20-year contract with Blockbuster. Early in the contract Blockbuster and Enron parted ways with a null and void contract. However, Enron still kept the contract on the books as future earnings when they knew that money was never going to come in. They did this so their stocks prices would stay inflated. Another practice is that they switched from an agent model to a merchant model when recognizing revenue. Doing this gave them a 65% increase when typical industry standards only gain between 2-3%. Once they switched to this accounting method other companies started to follow their lead in order to stay competitive with Enron. In addition, Enron understated its liability and overstated its equity. They would do this by creating special purpose entities. These entities were created to show investors the downside of risk. I believe the main reason the stock increased so much is due to corruption of Arthur Andersen, an independent audit firm. On Wikipedia’s website there was a statement from Enron’s Power Committee and it appears they were placing blame on the Andersen firm. They were quoted as saying, "… evidence available to us suggests that Andersen did not fulfill its professional responsibilities in connection with its audits of Enron's financial statements, or its obligation to bring to the attention of Enron's Board (or the Audit and Compliance Committee) concerns about Enron's internal contracts over the related-party...
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...hy did Scrooge agree with the board members? How were they going to make the payments? How will he face poverty again? Cratchit hoped Scrooge had a plan, because he didn’t. Although Christmas was two days away, it seemed so far now that the meeting had took place. Worries had replaced the joy and happiness in his heart. He was extremely tired from his day at work, and all he wanted to do was lie in bed. When he got home, he went straight to bed and immediately fell asleep. After a few hours, his wife woke him up. “Bob, you haven’t eaten. Come eat dinner,” Mrs. Cratchit said. “If you insist,” Cratchit replied. They ate together with their children as a family, and Bob Cratchit told them about his current situation with the financial problems....
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...life altering experience where her and her family was living a life where money was of no object, a life where they were millionaires. They lived in a hilltop mansion with gorgeous scenery and perks that people of lower financial class were not privy to such as chauffeurs, private school and special aides to assist with homework. The author further explains how her life of luxury takes a dramatic turn. Suki goes into detail about how they lost everything in one quick swoop. Her father’s businesses all failed and were bankrupt. She explains how in her country of South Korea that bankrupts was a crime that was punishable with a jail sentence. In a last ditch effort to avoid him going to prison they fled their country with no money to America. They relocate to Woodside, New York. The realization of her new life shows apparent when she explains how she hated her new brownstone home that they are forced to relocate to. She also takes a moment to introduce us to her first “friends” Andy and Billy. The author then gives the reader the new and different experiences she faces as an immigrant in a brand new place. The young girl who had wealth and opportunity was now no more than another face no special than anyone else. She talks about the racial changes in her life as far as being labeled as Asian and learning that there is a conception that as someone from Asian heritage she has yellow skin. Teachers are another aspect she feels is vastly different. In her country teachers are...
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