Language Is A Cultural Factor Social Work Essays

Language Is A Cultural Factor Social Work Essays Language Is A Cultural Factor Social Work Essay Language Is A Cultural Factor Social Work Essay This essay will analyze how issues of race and civilization are pertinent to mental wellness jobs and to service responses to minority communities. However, other hazard or causal factors will be considered which are indispensable in to the full understanding diagnosing, entree to services and results of mental wellness issues including poorness, racism and force against adult females. It appears that a combination of cultural, structural and individualist factors are linked to mental wellness issues and it will be highlight why an over focal point on race and civilization ( without sing other factors ) can be unsafe. Although single factors will non be discussed in this essay, their importance must be emphasised. Personal elements intersect with other factors ( structural and cultural ) lending to mental wellness jobs. Individual factors on their ain therefore are non plenty but need to be considered in combination with cultural and structural factors. This can be linked to Thompsons PCS Model which looks at Personal, Cultural and Structural issues in footings of anti oppressive pattern ( Thompson, 1997 ) . It can non be ignored that issues of race and civilization are highly relevant when sing mental wellness. However, this essay positions race as socially constructed, with small biological cogency as a hazard factor that to the full explains inequalities in wellness ( Bhui et al, 2005, p.496 ) . What is more executable and supported in surveies such as the EMPIRIC survey, is that race is a factor which can be a sociological hazard to persons which can be referred to as racial favoritism holding the possible to ensue in lower ego regard, fewer chances, and emphasis taking to mental wellness jobs ( Bhui et al, 2005 ) . In the UK racial favoritism does non merely mention to the term race as skin coloring material but besides incorporates cultural differences every bit good ( Bhui et al, 2005 ) . Therefore in this essay, when race is referred to as taking to mental wellness jobs ; it will be in footings of the account put frontward antecedently. It appears that race and civilization impact on diagnosing, entree to services and results. However, this position is based on research obtained in a short sum of clip it was merely in 1995 that detecting different cultural groups became obligatory in mental wellness services which are publicly funded ( Mind, 2012 ) . However this position is disputed by Glove and Evison ( 2010 ) who argue that differences in the form of mental wellness attention received by minority cultural groups in England have been noted since the 1960s and widely debated since the 1980s . Irrespective of this difference, both agree that research has identified differences between different cultural groups in diagnosing, intervention and handiness of services. A common designation in literature is that there are high rates of psychosis ( for illustration schizophrenic disorder ) amongst African Caribbean work forces and seemingly low rates of mental unwellness among South Asians ( NCSR, 2002 ) . Influential pieces of research placing these differences include the Count Me In nose count which began in 2005 and was created in support of the Department of Health s five twelvemonth program Delivering Race and Equality in Mental Health Care ( Mind, 2012 ) . The ultimate purpose was to cut down admittance rates, detainment and privacy amongst black and minority cultural groups ( Mind, 2012 ) . The nose count identifies that 22 % of 30,500 persons having in-patient attention were from minority cultural groups ( CQC, 2010 ) . It besides highlights that black work forces are more likely to be detained under the Mental Health Act and that black and black/white assorted race work forces are three times more likely to be admitted to psychiatric wards and had the highest admittance rate of all groups ( Mind, 2012 ) . CRITICISM The Fourth National Survey ( FNS ) of cultural minorities supports this to an extent. It identifies higher rates of psychosis diagnosing amongst Black Caribbean s compared t o white people ( Mind, 2012 ) . However, these differences are lower than old surveies have suggested. Surveies undertaken antecedently have suggested psychosis occurs largely amongst black Caribbean work forces nevertheless this survey suggests higher rates amongst black Caribbean adult females ( Mind, 2012 ) . Despite these figures, findings have besides suggested that Black African Caribbean and South Asiatic patients are less likely to hold their mental wellness jobs detected by a GP ( The Centre for Social Justice, 2011 ) . Black work forces have been found to be more likely to be admitted to psychiatric units via the Criminal Justice System ( CJS ) ( NMHDU, 2010 ) . The Count Me in nose count highlighted that Black Caribbean, Black African and White/Black Caribbean assorted groups are between 40 and 60 per cent more likely to be admitted via the CJS ( CQC, 2010 ) . In contrast to this, findings from the nose count identify that admittance rates among South Asiatic and Chinese groups have remained much lower ( below norm in many instances ) ( Care Quality Commission, 2011 ) . This is interesting, as other research has indicated that some specific subgroups of South Asiatic adult females ( ages 15-24 ) are at high hazard of completed self-destruction ( Raleigh, 1996 ) . Therefore, why ar e they non acquiring the necessary support from mental wellness services? The EMPIRIC survey considers white people as a comparing with Bangladesh, Black Caribbean, Irish, Indian and Pakistani groups ( Bhui et al, 2005 ) . This survey was undertaken in the community which is rather rare. It considers the impact of racial favoritism in the workplace ( Bhui et al, 2005 ) . The survey identified that Black Caribbean people reported the highest sum of occupation denial and Pakistanis the highest degree of abuse ( Bhui et al, 2005 ) . Bangladeshi, White and Irish people were found to be less likely to describe favoritism ( Bhui et al, 2005 ) . Discrimination in the workplace is common and is a hazard factor for common mental upsets ( Bhui et al, 2005 ) . The differences between each group in footings of Common Mental Disorders ( CMD ) were little and there were some fluctuations in footings of age and sex ( Bhui et al, 2005 ) . It found CMD were higher amongst Pakistani and Irish work forces ages 35-54 and higher rates amongst Indian and Pakistani adult females ages 55-74 ( Weich et al, 2004 ) . Common Mental Disorders were found to be lower in Bangladeshi adult females than white adult females which is interesting sing this group has the highest degree of socio economic want and the recognized nexus between poorness and mental wellness ( Weich et al, 2004 ) . There were no differences in rates between Black Caribbean and White people despite them enduring the most occupation denial and this identifies differences to findings from other key surveies which frequently identify higher rates of mental unwellness amongst black work forces in peculiar ( Weich et al, 2004 ) . Therefore this suggests this group may be more resilient or Black Caribbean people with CMD may hold been excluded from occupations ( Bhui et al, 2005 ) . The EMPIRIC survey really identifies that Black Caribbean adult females had more CMD than Black Caribbean work forces ( Bhui et al, 2005 ) and as findings from FNS besides suggest an country of concern for this group, it appears farther research should be undertaken. There are some unfavorable judgments on this survey being that what is perceived as racism does non ever impact on current employment experiences ( Bhui et al, 2005 ) . It does non see the fact that CMD may ensue in more people describing racial favoritism ( Bhui, 2005 ) . More long term and qualitative surveies may be good in understanding the impact of racial favoritism ( Bhui et al, 2005 ) . However, surveies undertaken late 1990s and early 2000 because there was a rise in concern sing this issue ( partly due tot the Rocky Bennett instance ) therefore the authorities commissioned this research due to these concerns. However, in recent old ages things have died down a spot hence less research is being undertaken so cognition is non developing and there is no support available for research workers. Despite this, research already carried out seems to follow suite in placing differences in the diagnosing, intervention and results of mental wellness for cultural groups, nevertheless these differences are non ever on par with each other and identify differences in themselves as already stated ( McLean et al, 2003 ) . It is of import to understand why fluctuations do be between cultural groups in footings of mental wellness which will be the focal point of the remainder of this essay. It can non be ignored that cultural factors doubtless play a function in the findings identified antecedently. Black and minority ethnic ( BME ) groups may talk in a manner which is considered different to white British persons or they may hold dissimilar idiosyncrasies. As a consequence, this may be interpreted wrongly which could later take to an wrong diagnosing of mental wellness issues ( Singh, 2006 ) . As stated western head-shrinkers are more likely to misinterpret behavior and hurt that is foreign to them as psychosis ( Singh, 2006 ) . Persons may be labelled as unusual or unusual because of cultural traits ( Singh, 2006 ) . Therefore, this identifies that a deficiency of apprehension of cultural differences may impact on readings. However, no affair what cultural developing people obtain, readings of behavior are ever traveling to change as civilizations are complex and continuously accommodating. Another statement associating to race and civilization and its nexus with mental wellness is that some cultural groups may non respond to western-type methods of covering with mental unwellness. For illustration, in Western society, psychopathology is viewed as an nonsubjective subject and hence the person having the support/therapy is separated from the healer ( Fernando, 2004 ) . It is likely that the healer will non cognize the person and will seldom hold any physical contact with them. As put frontward the healer learns the intervention and applies it within the overall medical theoretical account of covering with jobs as single unwellnesss, upsets or perturbations of what is assumed to be normal mental operation ( Fernando, 2004, p.121 ) . This manner of nearing mental wellness may be different to other civilizations for illustration where more religious methods of healing may be used ( Fernando, 2004 ) . As a consequence, certain cultural groups may non affect themselves in western methods for illustration traveling to see a General Practitioner ( GP ) . Koffman et Al ( 1997 ) found that in comparing to non-black groups, more black patients who had been admitted were non registered with a physician. This may be a consequence of different cultural methods of healing in which western patterns do non suit. However, civilization should non be considered as stationary or immobile it does and can accommodate and alter. It is of import to recognize that different civilizations can get down to complect with each other as civilizations may respond to the environment they are in contact with ( MDAA, 2012 ) . This identifies how it can be unsafe to concentrate excessively much on civilization which I will look into farther on in the essay. Language is a cultural factor which can impact on the right diagnosing and support for an person: both diagnosing and intervention are handicapped if there is no common linguistic communication between physician and patient ( Farooq and Fear, 2003, p.104 ) . Even when an translator is involved, they may non be trained in psychopathology which can restrict understanding and can hold a negative impact on interlingual rendition ( Farooq and Fear, 2003 ) . However, I would reason that at least if an translator is involved, they can bridge the linguistic communication barrier to a important extent. As argued patients in mental wellness services will see a better quality of attention when accessing translators ( Costa, 2011 ) . This is emphasised in the NICE Guidelines for GA, Schizophrenia, Depression and Dementia which puts forward that written stuff should be translated into different linguistic communications and translators should be used where appropriate ( ref ) . A mental welln ess professional that comes across a patient of a different civilization, who speaks a different linguistic communication, may non recognize the badness of their symptoms due to the cultural and linguistic communication differences ensuing in deficiency of support from services for illustration. Therefore if person nowadayss to their GP with symptoms these may be misinterpreted if an appropriate translator is non present. Therefore although many mental wellness scenes may utilize translators on a regular basis, others may non and the importance of this must be emphasised in order to work through issues of incorrect diagnosing, intervention and results of mental wellness. Although race and civilization are obviously pertinent to mental wellness jobs and service responses, it is necessary to see other factors as an accent on cultural issues can sanitise or dissemble other issues ( Chantler et al, 2002, p.649 ) . It seems that mental wellness services are concentrating on cultural differences and understanding cultural diverseness in an effort to get the better of the differences in diagnosing and support for different cultural groups. However, in their effort to make this they may really be disregarding other cardinal issues therefore potentially doing the state of affairs worse or at least keeping it. Some argue that there is an pressing demand to develop cultural competency among nurses and other attention workers if they are to run into the demands of the diverse populations they serve ( Papadopoulos, L and Tilki M and Lees S ) . However, professionals may non handle black people any otherwise merely because they are trained to be culturally co gnizant ( Fernando, 2004 ) . There are tonss of mentions to cultural competency in the Department of Health and NHS. The authorities scheme No Health Without Mental Health which replaced New Horizons in 2011 seems to concentrate on civilization but does non look to admit of import links between race and mental wellness. It is good known that there is a important nexus between poorness and mental wellness ( Chantler, 2011 ) . It appears that mental wellness societal work is get downing to go around around the bio medical theoretical account hence societal factors such as poorness are non focused on every bit much as they should ( Chantler, 2011 ) . It has been identified that societal exclusion can frequently be a consequence of poorness as a deficiency of fiscal agencies consequences in the poorer sectors of society being unable to affect themselves in social activities therefore ensuing in exclusion ( Gilchrist and Kyprianou, 2011 ) . Social exclusion/isolation can impact on mental wellness therefore poorness can be viewed as a hazard factor for mental wellness jobs ( Chantler, 2011 ) . Bing in the lowest societal category is frequently linked with poorness and this is something which spans across different ethnicities and civilizations. Therefore white, working category members of society may see mental wellness issues which are instigated as a consequence of poorness therefore race and civilization can non be viewed as the lone factors impacting on mental wellness other factors which can besides impact on white sectors must be recognised. However, black and minority cultural groups may happen it more hard to travel into higher categories as a consequence of issues such as racism and favoritism therefore may stay in low socioeconomic fortunes. This highlights a nexus between poorness and ethnicity and emphasises the concern that peoples race and civilization may ensue in them being forced into state of affairss which could increase their likeliness of mental hurt. It appears that there are two chief ways racism can impact on person s wellness: the immediate psychological and physical impact and the consequence of which different races and civilizations are non valued within society ensuing in societal exclusion and disadvantage ( Karlsen and Nazroo, 2000 ) . As argued racism, whether openly hostile or skulking in institutional civilizations and patterns, limits the chances and life picks persons make ( Gilchrist and Kyprianou, 2011, p.7 ) . Therefore, certain people of certain races or civilizations may experience mo re comfy staying in communities together due to racist favoritism or bias and as a consequence may non seek new life chances therefore potentially staying in hapless socioeconomic fortunes as a consequence of this forced exclusion ( Gilchrist and Kyprianou, 2011 ) . Similarly, favoritism and racism may ensue in less support within instruction spheres and less chances to stand out within employment circles ( Gilchrist and Kyprianou, 2011 ) . It has been recognised that unemployment has an impact on mental wellness ( Meltzer et al, 1995 ) . Findingss from the Fourth National Survey identify that four fifths of Pakistani and Bangladesh respondents, two-fifths of Indian and Caribbean respondents and one tierce of Chinese had incomes lower than half the distinct national norm recognised as poorness ( Karlsen and Nazroo, 2000 ) . This compares to one in four white respondents. Therefore, this may be the impact of racism, favoritism and disadvantage ( Karlsen and Nazroo, 2000 ) Therefore at that place seems to be a barbarous rhythm whereby BME groups feel the impact of structural subjugations ensuing in fewer chances to interrupt away from factors which can take to an increased hazard of mental wellness jobs, such as poorness. Therefore, arguably societal exclusion, poorness and category could be grounds why there are higher degrees of mental unwellness in some subcultures of South Asiatic adult females for illustration ( Karlsen and Nazroo, 2000 ) . The fact that communities stick together may ensue in farther hostility and segregation therefore ensuing in inappropriate support for mental wellness jobs as outsiders may non desire to irrupt in these civilizations they may take the attitude leave them to it which can be really unsafe. Therefore a combination of factors including category and poorness can underscore mental wellness issues. It seems that the function of racism as a hazard factor for mental wellness is being ignored or at least undermined by the alliance authorities. Although the No Health Without Mental Health scheme acknowledges the demand to see causal factors for mental wellness, it appears to pretermit to discourse the pertinent issue of racism/institutional racism which can be viewed as a ruin in response ( Watson, 2011 ) . Therefore, it neglects important links between race and mental wellness. This is emphasised in its a call to action papers, which does non include any BME administrations ( Vernon, 2011 ) . Pigeonholing of different groups refers to the favoritism of groups based on positions they are certain manner. So, South Asian groups may be viewed as holding tonss of household support and non believing in mental unwellness. This can be unsafe as it may ensue in services pretermiting to offer support to certain races or civilizations. Therefore, it appears that some mental wellness professionals may inherit positions sing racial stereotypes ( Fernando, 2004 ) . Another common racialist stereotype is that black work forces are unsafe which once more impacts on diagnosing and intervention. A good known illustration is that of Rocky Bennett. He was killed in 2004 in a medium secure psychiatric unit after being restrained by up to five nurses and an independent enquiry into this accepted that it was a consequence of institutional racism ( Athwal, 2004 ) . This is non a lone incident and has been recognised as an issue across mental wellness services. A concern which is shared by many i ncluding Richard Stone ( a member of the Bennett inquriy panel ) and Errol Francis ( a candidate on black mental wellness ) is that cultural/racial consciousness preparation will non cut down institutional maltreatment, it must be acknowledged and so the behavior of the professionals and workers demands to alter ( Athwal, 2004 ) . Once understood and acknowledged, advancement can be made to undertake and understand causes ( McKenzie, 2007 ) . McKenzie ( 2007 ) put frontward concern that the importance of Delivering Race Equality would be undermined, which seems to hold been the instance in No Health without Mental Health as it does non look to recognize the importance of racism as a hazard factor for mental wellness and the impact it has on service responses ( Watson, 2011 ) . Watson ( 2011 ) argues that the feeling given is that we are traveling to a post-racial large society where state multiculturalism is expunged from British values and public consciousness Thus the nexus is being undermined and if this is the instance it is improbable alterations will be made. Chantler et Al ( 2002 ) undertook a 10 month qualitative survey with a group of South Asiatic adult females who are subsisters of self injury or attempted self-destruction. It seems that subsister s highlighted issues doing mental hurt including in-migration position, poorness, and domestic force in their histories nevertheless an over focal point on cultural sensitiveness by professionals and policy shapers means that these factors frequently goes unrecognized ( Chantler et al, 2002 ) . Besides, of import to observe is that there does non look to be much research into the fact that if people are seeking refuge, there is a possibility that their mental wellness demands may be higher as a consequence of their experiences prior to migration ( Chantler, 2011 ) . As a consequence of deficiency of acknowledgment, inappropriate or a deficiency of support was offered by services. The research workers found that the subsisters who had been seeking refuge mentioned policies such as the one tw elvemonth regulation as doing them hurt and subjugation as it meant they were trapped ( frequently in an opprobrious relationship ) for a long period of clip without a opportunity of flight ( Chantler et al, 2001 ) . As stated, current in-migration statute law strips South Asiatic adult females of the legal and personal support available to white British female citizens ( Chantler et al, 2002 ) . The subsisters identified that they felt these policies ensured that all power was given to the adult male ( Chantler et al, 2002 ) . Policies implemented seeking to get the better of jobs in services by using South Asiatic workers demands to be looked into ( Chantler et al, 2002 ) . It seems that policy shapers used cultural clangs as accounts as to why issues such as domestic force, in-migration issues and poorness were non highlighted ( Chantler et al, 2002 ) . Therefore in theoretical accounts of mental wellness, factors such as in-migration are neglected. Servicess claimed to be una ble to run into their demands due to cultural struggle ( Chantler et al, 2002 ) . All but one of the subsisters in the survey had suffered domestic force placing the nexus between domestic force, in-migration position and suicide/self injury ( Chantler, 2001 ) . It is deserving observing that refugees and refuge searchers may hold experienced traumatic events before geting in the UK such as war and poorness therefore they may hold higher mental wellness demands because of their experiences this is non covered much in research and is something which may be good in our apprehension. Burman et Al ( 2005 ) focuses chiefly on domestic force services with respects to African, African-Caribbean, South Asian, Jewish and Irish adult females, it became apparent that civilization was seen to be more of import than covering with domestic force issues. Thus a focal point on civilization can be seen as an obstructor to offering the appropriate support ( Burman, 2005 ) . The survey besides identifies how other issues such as in-migration policies prevent refuge seeking adult females from being able to go forth opprobrious relationships hence this needs to see more ( Burman, 2005 ) . racialised dimensions of such policies heightens their exclusionary effects . The result of these findings suggests that there needs to be new ways of back uping adult females from minoritised groups enduring domestic force ( Burman, 2005 ) . Criticisms of survey? It seems that in favor of civilization, gender issues such as force against adult females are frequently ignored in relation to minority ethnicities ( Chantler, 2002 ) . Would this be the instance if it were white adult females? What is interesting is that force against adult females is considered a gender issue in relation to white adult females but is seen as a cultural issue in relation to South Asiatic adult females ( Chantler et al, 2002 ) . This is something which needs to be recognised and changed. Cultural factors need to be acknowledged to a grade and peculiarly in certain fortunes for illustration honor based force, nevertheless it needs to be recognised that civilization and race are non ever at the head of issues. It is of import to travel off from a complete focal point civilization in many cases, and see gender issues as good. Segregating adult females from minority groups from white adult females with respects to violence can take to miss of support therefore potential ly ensuing in ego harm/attempted suicide amongst other issues, as a consequence of the mental hurt. The research undertaken by Chantler et Al ( 2001 ) and Burman ( 2005 ) high spot this. Decision: As a societal worker it is of import to recognize cultural differences and be unfastened about civilization so that intercessions are non so hard nevertheless, although being culturally cognizant is utile, it is impossible to recognize all factors every bit cultural as there are legion different civilizations which are invariably accommodating. Besides, as this essay has identified, an over focal point on civilization can be unsafe. It is of import to be witting of other risk/causal factors of mental wellness such as force against adult females, category and in-migration position. It is indispensable label or stereotype person based on their race or civilization but instead engage, empower and sympathize with service users. As Chantlers 2001 survey identified, irrespective of a service users race or civilization, they frequently merely desire person to listen to them. Make non ever assume it is approximately civilization as policy has tended to make in recent old ages. It seems that a combination of structural, cultural and single factors including gender, poorness and civilization will enable a greater apprehension of diagnosing, intervention and results of mental wellness. Sing one without the other will restrict apprehension. Therefore, cognition demands to be more nuanced. I am non sabotaging the importance of race and civilization in relation to mental wellness and service responses, as I have acknowledged its importance in this essay. However, do non pretermit other every bit of import factors. Besides gender issues need to be considered for illustration domestic force. Why is domestic force considered cultural merely when related to certain ethnicities e.g south Asiatic adult females? ? SOME force offenses are specific to certain civilizations for illustration honor based force, trafficking ( UMHDU, 2010 ) However, all ethnicities within the uk experience gender based force non merely certain cultural groups and grounds suggests that force and maltreatment cause mental wellness issues ( UMHDU, 2010 ) . However it is sometimes merely seen as a gender issue when it is white adult females enduring maltreatment. Seen as a cultural issue when minority cultural group. Possibly it is nt a cultural issue but a gender issue? ? Research by Chantler et al many adult females from different ethnicities do nt advert culture/race in their survey merely reference maltreatment therefore possibly merely necessitate to see this? ? ?

Securities Exchange Act 1934 Essays

Securities Exchange Act 1934 Essays Securities Exchange Act 1934 Essay Securities Exchange Act 1934 Essay The Securities Exchange Act of 1934 JFM GM520 Legal Political Ethical Dimensions of Business April, 12 2010 The Securities Exchange Act of 1934 was passed by congress to strengthen the government’s control of the financial markets. It was preceded by the Securities Exchange Act of 1933 which was enacted during the Great Depression in hopes that the stock market crash of 1929 would not be repeated. The basic difference between the two acts was that the 1933 Act was to govern the original sales of securities by requiring that the issuers, the companies offering the securities, offer up sufficient information about themselves and the securities so that the potential buyers could make informed decisions. The 1934 Act was aimed at the secondary market where buyers don’t buy from the issuer but instead from other investors (Security, 2010). The 1934 Act also required more disclosures from issuers and was enacted to prevent unfair practices at the various exchanges as well as giving the authority of the exchange to the Securities and Exchange Commission which was one of the many administrative agencies set up by the New Deal ideology of Franklin D Roosevelt (Securities, 2003). A major part of 1934 Act is that it required any issuer with over $10 million in assets and 500 or more shareholders to register its stock with the SEC. With this registration came additional required filings such as the 10-Q form, a quarterly financial report, 10-K form, a yearly financial report, as well as an 8-K form used for reporting unusual events, an example of which would be a merger or takeover (Jennings 742). The 1934 Act seems to be an ever changing document as it has been amended by Congress many times through the years. It is due to the need to remedy any new issues that arise whether through technology or new security devices. This paper will focus on two specific sections of the 1934 Act. The first area that I will focus on is Section 10(b) with Rule 10b-5 and the second area that I will focus on is Section 16(b). These sections deal with the antifraud, insider trading and short swing profit issues associated with the trading of securities. Section 10(b) of 1934 Act acts as the insider trader and anti-fraud provision of the act. It was set up to dissuade fraud in the securities market. As example of which would be where sellers might withhold information that should be public and by doing so having an effect on the price. The application of this section is broad as it applies to all the different types of securities for trade. Examples are public, private, over-the-counter and exempt. The only prerequisite for this provision to be in effect is that the transaction must have an interstate commerce connection (Jennings 742). Since in today’s business almost all transactions take place over the internet or via telephone, it would not be very difficult for the Commission to use this provision to bring action against a company or person in violation. One reason for section 10(b) to be included in the 1934 Act was the damage to the market in the late 1920’s and early 1930’s caused by pools. Pools were devices used by certain groups of investors to run up the prices of certain stocks by collectively engaging in well timed transactions. The group would then dump their stocks just before the stock price dropped. Section 10(b) contains provisions to prohibitive this type of deceptive behavior (Securities – Securities.. , 2010). This type of behavior led to the writing of Rule 10b-5: Employment of Manipulative and Deceptive Practices. It basically states that it is against the law to use any scheme to defraud, make any untrue or misleading statements or engage in any course of business that defrauds by the means of interstate commerce (Jones, 2009). Corporations can be in violation of section 10(b) when they fail to disseminate material information about the company, its performance or its future. This applies for both positive and negative information. The SEC promulgated a new rule in 2000 known as Regulation FD that states that this information must be made available at the same time to everyone. Material information has been determined to be any type of information that would affect the buying or selling decision of a security (Jennings 743). A pending takeover or a possible lawsuit is an example of material information. By not abiding to this provision, companies can have charges brought up by the SEC. A person can be in violation of section 10(b) in multiple ways. If one of the sides of a security sale knows non-public information about the security and the sale proceeds then that person has violated section 10(b). If an owner of shares misleads the buyer by giving false statements then that seller is in violation also. Another example of a violation of section 10(b) is when churning occurs. This is when securities are bought and sold repeatedly to give the appearance of activity (Jennings 743). This is similar to what the â€Å"pools† did during the Great Depression. There are often many different types of people who are covered by section 10(b) of the 1934 Act. Two of interest are insiders and tippees. The term Insider refers to corporate executives who often have access to non-public company information. The term Tippee generally refers to the relatives, friends or acquaintances of insiders from whom they receive this insider information. If the insider just passed on the information to a tippee and that person acted on this information and made an unfair transaction then the SEC and courts will find the insider just as culpable as the tippee and will prosecute both parties under section 10(b) (Securities – Securities†¦, 2010). I find this to be quite an interesting fact. The insiders need to be very careful what they discuss outside of the office. Violations of section 10(b) can happen due to timing. The textbook discusses how some insiders and tippees involved with a company named Texas Gulf Sulphur, back in 1968, were in violation because they bought stocks too quickly after a press conference announcing the discovery of minerals. They made purchases by telephone faster than the information was disseminated to the public. The SEC found them in violation due to timing only, but that was enough to be considered guilty (Jennings 746). It’s important to keep in mind that this violation would be much less likely to happen today because of the technology surrounding the security exchange. Funny enough, the telephone would probably be considered slower than the internet based transactions that are very common today. A trend that has recently emerged as a violation of section 10(b) is the use of the internet to engage in pumping and dumping. Although not a new concept, the internet has been used to increase the effect because of its ability to disperse particular company information very quickly in order to affect stock prices. Persons initiating this deceptive behavior can sell their stocks for profit once they see that the changes to price have occurred. This type of behavior is considered fraud since it is a manipulation of company information for profit. An example of this would be if a group of people collaborated to spread false information on a financial blog or website in the hopes that the price would fluctuate enough to make large profits in a short amount of time. They use the anonymity of the web to attempt this. (Security, 2010) Convictions of violations of section 10(b) can not be based on negligence. It must be based on a person’s intent to defraud. This intent to defraud is known in investment circles as scienter. Penalties for 10(b) violations have been getting stiffer in recent times in attempts to curb the behavior. Violations can carry up to 25 years in prison in addition to monetary penalties depending on the severity and extent of the crime. Corporate financial officers can have additional penalties due to the ease of access to company insider information. If they are found to be in violation and bonuses were found to be paid out as a result of false information, then the bonus money must be returned to the company. If this person attempts to file bankruptcy to avoid paying the money back they will discover that it’s a lifetime obligation in the eyes of the government (Jennings 749). So anxious is the Securities Exchange Commission to prosecute these violations, that it has amended the 1934 Act through passage of additional laws such as the Sarbanes Oxley Act and the 1988 Act as well as working with the American Bar Association in order the strengthen their control. Whistleblowers who report violations can be rewarded with up to 10 percent of the recovered monies in a violation. These whistleblowers are now protected from retaliation and /or termination when they are aiding in a prosecution case as well. Lawyers are now not bound by attorney-client privilege when securities fraud is involved because the ABA amended their code of ethics in 2003 (Jennings 749). Section 16 of the 1934 Act is the liability section that deals with the stock trading by corporate insiders. An insider in this case is defined as an officer, director or a ten percent or more shareholder. Section 16(b) requires these insiders to report any sales and purchases of company stock. These transactions are tracked and during a six month period of time the SEC determines the profits taken. These profits are known as short-swing profits. The amount of the profit is calculated by matching the highest sale with the lowest purchase and the amount profited must be returned to the company. The rationale behind this is that the SEC has to assume that the person used a certain amount of insider information when making the decision to buy or sell stock (Jennings 750). This is in essence just keeping a tab on their actions. This also applies to stock options used as compensation to many executives at large corporations. These options have been troublesome to manage over the last few years and have caused the demise of some companies so many have changed to offering special classes of stock instead (Jennings 750). The Securities Exchange Act of 1934 is a very broad law that I would imagine is very difficult to learn completely. I have learned a lot from writing this paper and I can truly appreciate the reason for its enactment. There so many ways for manipulations of the market in today’s world. The technology in place to keep track of the massive amount of transactions must be incredibly complex. I am sure that there will be future amendments created to enforce new more creative ways to manipulate the system for illegal profits. Jennings, Marianne Moody. The Legal, Ethical and Global Environment of Business. Ohio: South-Western, 2009. Jones, Ronald. â€Å"Securities Exchange Act of 1934. † Securities Lawyer’s Deskbook. 1998-2009. The University of Cincinnati College of Law. April 4, 2010. law. uc. edu/CCL/34Act/index. tml Securities and Exchange Commission. The American Economy: A Historical Encyclopedia. Santa Barbara: ABC-CLIO, 2003. Credo Reference. Web. April 5 2010. Securities – Securities Exchange Act of 1934. Web. April 5,  2010   http://law. jrank. org/pages/10097/Securities-Securities-Exchange-Act-1934. html. Security. Encyclopedia Britannica. Encyclopedia Britannica Online. Encyclopedia Britannica, 2010. Web. April 4,  2010   http ://search. eb. com/eb/article-27311. [ 1 ]. (footnote continued)

Names, Functions, and Locations of Cranial Nerves

Names, Functions, and Locations of Cranial Nerves The cranial nerves are nerves that arise from the brain and exit the skull through holes (cranial foramina) at its base rather than through the spinal cord. Peripheral nervous system connections with various organs and structures of the body are established through cranial nerves and spinal nerves. While some cranial nerves contain only sensory neurons, most cranial nerves and all spinal nerves contain both motor and sensory neurons. Function Cranial nerves are responsible for the control of a number of functions in the body. Some of these functions include directing sense and motor impulses, equilibrium control, eye movement and vision, hearing, respiration, swallowing, smelling, facial sensation, and tasting. The names and major functions of these nerves are listed below. Olfactory Nerve: Sense of smellOptic Nerve: VisionOculomotor Nerve: Eyeball and eyelid movementTrochlear Nerve: Eye movementTrigeminal Nerve: This is the largest cranial nerve and is divided into three branches consisting of the ophthalmic, maxillary and mandibular nerves. Functions controlled include facial sensation and chewing.Abducens Nerve: Eye movementFacial Nerve: Facial expressions and sense of tasteVestibulocochlear Nerve: Equilibrium and hearingGlossopharyngeal Nerve: Swallowing, sense of taste, and saliva secretionVagus Nerve: Smooth muscle sensory and motor control in throat, lungs, heart, and digestive systemAccessory Nerve: Movement of neck and shouldersHypoglossal Nerve: Movement of tongue, swallowing, and speech Location The cranial nerves consist of 12 paired nerves that arise from the brainstem. The olfactory and optic nerves arise from the anterior portion of the brain called the cerebrum. The oculomotor and trochlear cranial nerves stem from the midbrain. The trigeminal, abducens, and facial nerves arise in the pons. The vestibulocochlear nerve arises in the inner ears and goes to the pons. The glossopharyngeal, vagus, accessory and hypoglossal nerves are attached to the medulla oblongata. Sensory Cranial Nerves Snellen chart test assesses visual acuity and optic nerve function. CentralITAlliance/iStock/Getty Images Plus There are three sensory cranial nerves: olfactory (I), optic (II), and vestibulocochlear (VIII). These cranial nerves are responsible for our senses of smell, vision, hearing, and equilibrium. Medical professionals test cranial nerve I by having a person close their eyes and one nostril while inhaling a scent such as coffee or vanilla. An inability to recognize a scent may indicate problems with the sense of smell and cranial nerve I. Central and peripheral vision are under the control of optic nerve (II). Examiners test visual acuity using a Snellen chart. Vestibulocochlear nerve (VIII) functions in hearing and can be assessed with the whisper test. The examiner stands behind the person and whispers a sequence of letters into one ear while the person holds a hand over the non-tested ear. The process is repeated with the opposite ear. Ability to repeat the whispered words indicate proper function. Motor Cranial Nerves Motor nerves function in movement of anatomical structures. Motor cranial nerves include the oculomotor (III), trochlear (IV), abducens (VI), accessory (XI), and hypoglossal (XII) nerves. Cranial nerves III, IV, and VI control eye movement. The oculomotor nerve controls pupil constriction and is assessed using a penlight. Light is briefly advanced from the outer edge of the eye to the center of the eye and pupil responses are observed. The trochlear and abducens nerves are often tested by having a person follow an examiners finger movements with his or her eyes only. The accessory nerve controls movement of the neck and shoulders. It is tested by having a person shrug his or her shoulders and turn their head from side to side against resistance from the the examiners hand. The hypoglossal nerve controls movement of the tongue, swallowing, and speech. Assessment of this nerve involves asking the person to stick out his or her tongue to ensure that it is midline. Mixed Cranial Nerves   normaals/iStock/Getty Images Plus Mixed nerves have both sensory and motor function. Mixed cranial nerves include the trigeminal (V), facial (VII), glossopharyngeal (IX), and vagus (X) nerves. The trigeminal nerve is the largest cranial nerve and is involved in facial sensation, chewing, and corneal reflex. Facial sensations are often checked by rubbing soft and blunt objects on various areas of the face. Chewing is typically tested by having the person open and close his or her mouth. The facial nerve controls facial expressions and is involved in taste sensation. This nerve is commonly tested by observing for facial symmetry. The glossopharyngeal nerve plays a role in swallowing, sense of taste, and saliva secretion. The vagus nerve is involved in smooth muscle sensory and motor control in the throat, lungs, heart, and digestive system. Cranial nerves IX and X are typically assessed together. The person is asked to say ah while the examiner observes movement of the palate. Swallowing ability and the ability to tast e different foods are also tested. Sources Facing Cranial Nerve Assessment. American Nurse Today, 17 May 2019, www.americannursetoday.com/facing-cranial-nerve-assessment/.  Seladi-Schulman, Jill. The 12 Cranial Nerves. Healthline, Healthline Media, www.healthline.com/health/12-cranial-nerves.

Graffiti - the Writing on the Wall Essay Example | Topics and Well Written Essays - 8000 words

Graffiti - the Writing on the Wall - Essay Example There is evidence of forms of graffiti inside the Lascaux caves, which was carved into the wall using bones and stones. These days graffiti is created using markers, enamel paint, rollered throw-ups and stencils, though the traditional use of spray cans is considered by many graffiti artists as the most authentic. These methods catch the eye and communicate a message effectively in an expressive form. Graffiti can be emotional, ironic, humorous or even destructive and gives the artist a chance to express himself through his artwork. Many graffiti artists create tags or tagging, as they like to call it, which is there way of self-promotion. It involves writing your own name in your own graffiti style. Many people, in particular the older generation see graffiti as vandalism and even a protest against society, but is being individual and trying to seek recognition such a bad thing The desire to be noticed for having a particular talent should surely be praised rather than slandered. I am sure it is difficult to know where to draw the line on such a matter, but in all honesty graffiti is one of the best forms of publicity and communication within the design world. It can be created almost anywhere and many graffiti artists choose spots where people have to view their artwork, regardless of how dangerous or risky it is to 'get up' a piece there. For instance subways, trains, and buses are a high priority as every body uses public transport. Many Graffiti artists use strong form and ideas, and often combine irony and humor to create thought-provoking messages. Tristan Manco who has written a number of graffiti books including 'Stencil Graffiti,' says: "Street art is both an expression of our culture and a counterculture in itself. 'Communication' has become a modern mantra: the city streets shout with billboards, fly posters and corporate advertising, all vying for our attention. They almost invite a subversive response. As high-tech communications have increased, a low-tech reaction has been the recent explosion in street art." 1 Stencil Graffiti is becoming increasing more popular and has a powerful platform to create personal visions that interact with our daily lives. Stencil artists use fly posters/ stickers/collage/freehand and spray cans to create their artwork. A stencil can easily be formed on any surface within reason. It was introduced from the 1980s in Europe but was first experimented in the New York subways and again can be traced back to the beginning of time, from cave paintings. Leather stencils were used to decorate the insides of Egyptian pyramids and the Chinese used paper stencils to decorate silk and Buddha figures. It was these beautiful techniques that influenced stencil artwork in Europe during the medieval period. Church walls, floors and furniture were covered with fantastical stenciled materials. It is amazing what has been developed from what is thought to be one of the earliest art forms. As early as the 1950s and 1960s, American artists such as Robert Rauschenburg and Andy Warhol had developed new screen-printing techniques and visual ideas, which had a big impact on the art and design world. Their hybrid techniques labeled them forerunners of today's stencil graffiti artists. Warhol was a pop art

Motivation at work Essay Example | Topics and Well Written Essays - 1250 words - 1

Motivation at work - Essay Example Thus the organization is able to increase the amount of profits it makes since it increases its level of customer satisfaction and retention (Pinder, 2008). From the article, it is a clear fact that motivation plays a significant role in fulfilling the promise for personal improvement as well as that of the organization. It is shown in the way that the employees at the WestLake Computing Corporation (WCC) are provided with diversity training programs that help them to know how to work within a workforce that is highly diverse. Usually the small problems that are identified within an organization serve as a greater revelation of the main issues that are affecting the overall performance of the organization. One of this is motivation, which although may appear to be a minor issue is a very relevant component towards the success of the organization. It thus reveals that there is a lot of motivation that still needs to be offered below the surface hence an indication of the high capability contained in each individual to perform extraordinarily. For instance, the employees in this organization are given the details, case applications or exa mples and regulation to provide employment regulations with which they raise their capabilities in dealing with different situations within an environment with multiple cultures (Pinder, 2008). The article provides a lot of insight regarding the need for motivation at the workplace in relation to the total organizational performance. It is also encouraging in the sense that it is written on a positive perspective and not with the intention to offer criticisms. In relation to the case, it helps to speed up most important issues within the organization that include the expansion of sales to international levels. According to the author, it is the organizational behavior class that helps individuals to point out towards some of the solutions

How to solve the Cost Crisis in Health Care Essay

How to solve the Cost Crisis in Health Care - Essay Example As far as the issue of measuring the cost of healthcare is concerned, the position taken by Kaplan and Porter will be agreed with since knowledge of the cost makes it possible to determine whether a person is getting value for money from healthcare expenditure (Harris & Lenox, 2013). In its current form, the United States healthcare system can be said to be suffering from a cost crisis that consists of both a system that is wrongly measured and one that is overly burdened on service users. In the opinion of Moran (2013) however, the best way to tackle the issue of cost crisis is to approach it from a more systematic perspective where the real quantum of cost put into the system can be found. From this position, the argument of Kaplan and Porter on the need for healthcare cost to experience cost reduction interventions will be agreed with. But as the authors themselves noted, it will be more important to know the real value of cost involved in healthcare delivery. This is because any form of rush to drastically reducing cost in the system may only be a way the whole country may be digging its own whole towards the reception of a ill-funded and thus a poor healthcare system (Ginter, Duncan and Swayne,

Genetic Modification of Human Beings is unaaceptable it strips the Research Paper

Genetic Modification of Human Beings is unaaceptable it strips the human race of individuality and human rights - Research Paper Example This takes place through manipulation of DNA in different ways to adjust to the intended purpose. This has made it possible to put traits of almost any organism (Institute of Science, Technology and Public Policy 1). Most of the organisms are produced in large quantities after the process of transformation and improvement is done. On the other hand, the process has made it possible to create foods, pesticides, cells, tissues, and organs (Uzogara 180). The technique has been used mainly to change or alter the plants and animals we use today as food. On the other hand, there has been advancement of genetic modification in humans. In human, it is usually done to change non-functional or malfunctioning genes (Isasi, Nguyen and Knoppers 2). Moreover, such genes are manipulated or supplemented with health genes. In human, two categories of genetic modification are involved. These categories include somatic and germline modification (Isasi et al. 2). In somatic gene therapy, a gene or a gen e element is introduced into a tissue or organ in a human subject with the purpose of curing a disease (Isasi et al. 2). This process does not alter the genetic structure of future generations, as the altered genes do not exist in sexual eggs or sperms. On the other hand, there is germline gene therapy. This process involves the introduction of gene into germline cells (Isasi et al. 2). As a result, there is heritable changes and thus alters the resulting offspring (Gold and Carbone 1). For this reason, this technique has generated a serious debate due to its implementation in humans. Genetic Modification of Human Beings is unacceptable; it strips the human race of free choices, treats human as a commodity, loss of uniqueness and individuality, and leads to increased inequalities. Proofs Genetic modification leads to interference of freedom to make choices. This means that such person has no control making free choices in relation to the modified trait. This makes its inevitable for the person to avoid expressing such trait. The person who initiated the modification process controls the human future (Resnik and Vorhaus 5). For example, if the person is given the gene for specific skill such as football, he or she has no choice but to become a footballer. Moreover, the process limits the options of the person who is modified by limiting their scope of behaviors and life plans (Resnik and Vorhaus 5). This means that the life choices of such people are limited. For example, if there is a modification of a person height to increased height, such a person cannot become a jockey. Additionally, the person’s ability to make free choices is interfered with as the process increase parental expectations and demands (Resnik and Vorhaus 5). This means that their parents in a large percentage inherently limit their destiny. This is because such person life is artificially molded in the way that they could not have chosen (Seck 1). For example, a person with a gene fo r football talent will be under pressure from the parent to become a footballer. Secondly, genetic modification treats human as commodities. This is seen through children arising from the modification process. Such children are treated like products to be designed, perfected, manipulated, and controlled (Resnik and Vorhaus 8). This goes against the basic principle of having children as gifts. Therefore, the parents exercise control over their children to fulfill their own desires. The parent believes that this is possible through genetic control of their