Why A Good Sense Of Communication Is Important

While the student spends a lot Of their time in school, the student spends just as much mime, if not more, at home. It is important for the teacher and the parents or guardians to be on the same page and work as a team when it comes to behavior and academics. Another area where educators need good communication skills is in the school, as well as in the community. By communicating with all of the other teachers who will be involved in your students education (librarian, PEE teacher, computer teacher, etc. One can ensure that they know every aspect of that child's day, and can paint a clearer picture of how to educate that child in a more efficient way. Communities can also play a large role in a student's fife. By properly communicating with the community and keeping everyone informed of what is expected in the school, concerning both education and behavior, one can help make the learning experience more rounded. Including important members of the community in different lesson plans, and even career days can inspire and motivate a class.The last area that communication is vital is probably the most important. The communication between the student and the teacher is incredibly important. If the teacher and the educator don't communicate properly, the educator with have no way of knowing how to meet the student's needs. The teacher will also have no way of knowing if there is a problem within the class, or if a student Isn't learning properly or effectively.Without communication between the teacher and the student, learning and education is nearly pointless. In conclusions, communication is key in education. It is important for not only the families of the students to stay informed, but the student himself, the school, and the community as well.

A Warm Hug: an Ode to Mom’s Home Cooking Essay

There are certain things in life that everybody loves. Whether its money, nice cars, a beautiful home, or a significant other. There is one thing that seems to trump these all and never gets mentioned much. That true love is mom’s home cooking. Before you write off my assumption as bland and ridiculous, consider this. Besides the presents, and the family time, what is most people’s favorite thing about Christmas? If you say mom’s home cooking, well you are right. When you went off to college or just moved out on your own, what was your favorite aspect of coming home? I’ll bet the farm that it was mom’s home cooking. Finally when you were a kid and you had a bad test, or someone picked on you that day, what always seemed to make things better and put a smile on your face? Was it video games? Nope, it was mom’s home cooking. To me it is the meaning of everything that is good in life. My mom is such a great cook. Anything you could think of, she’d make it. I know I’m biased and all since she’s my mom, but I’m not going to be offended if you said your mom was the best cook you know either. This is why we all love mom’s home cooking, because we all believe that our mom’s home cooking is the best. It’s that belief and notion that makes it so special. When it comes to cooking, my mom is of a special breed. You have to be when you cook for a family of seven and not have one complaint. One thing that makes her stand is the fact that she has an upright freezer and a deep freeze in the garage devoted just for pies. I loved coming home on weekends with the whole house smelling of bread, apples, cinnamon, and sugar. When mom made pies it was like a family holiday. Everybody would gather in the kitchen and wait for that first pie to come out of the oven. We’d all fight for that first warm, savory, sweet slice of heaven. Christmas time is always a special time. Family, presents, and of course Christmas cookies. Christmas cookies are another one of my mother’s specialties. She makes cookies from all walks of life. Each one is as good as the other. Nothing puts a smile on my face like a warm, fresh, cookie made by mom. When company would come over, she would set out so many different cookies, you’d think you were at a buffet. Tradition says that when you catch a cold you should get plenty of rest and of course eat some chicken noodle soup. Lots of people will just settle for the canned condensed kind. Not this ill patient. I get to enjoy mom’s home cooked chicken noodle soup. Just the thought of savory broth, soft noodles, and big chunks of chicken made me feel better almost immediately. Toucan Sam would have no trouble following his nose to this treasure from mom. The soup tastes so good, you would think it could cure cancer let alone the common cold. Mom’s home cooking even teaches life long lessons. It teaches you to share. My friends even appreciate mom’s home cooking. I’ve had many friends over for a bite. They love it so much that there have been many times my friends will come, regardless if I’m there or not. They just want to eat whatever it is that mom will cook. A couple of my friends have even had my mom cook and bake for them on their wedding days. Mom’s home cooking can be fancy. It also can be complicated. But when she perfects the simple dishes is when my heart and my mouth together jump for joy. The dish that makes me jump the most is none other than potato salad. This dish to me is my kryptonite. It brings me to my knees. I could eat my weight in potato salad. The tangy sweet flavor could make a grown man act like a kid again. Mom’s potato salad one time even earned her a marriage proposal. A man I used to work with told my mom that if anything every happened, to give him a call and they could work things out. It was all said after he tried her potato salad. People from all around love many different things. The one thing people want the most is to be comfortable. They try to find comfort in many ways. Whether it is a warm hug or a nice soft bed. But no comfort can be complete without some of mom’s home cooking.

A Research On Nutrition And Weight Loss Essay -- Nutrition, Obesity, Die

We know that just because something sounds good, it doesn 't mean that it is. This New You in 22 review will take a look at his program and what it offers, as well as whether or not it will be worth your time. What Is New You in 22? Just as it sounds, it 's about creating a new you in 22 days. Not only will you experience physical changes on the outside, but you will find yourself having more energy and even slow down aging in those 22 days as well. This program is meant for people whose metabolism has crashed and burned and won 't help them burn off the fat that used to come off so easily. In fact, anyone who has a hard time maintaining weight, is experiencing mental fogginess, has stress and anxiety, feels tired all the time, has body aches and pains, and has nasal issues that won 't go away, will benefit from the New You in 22 according to Jonny. Your metabolism is responsible for how much fat you burn off or put on, but it also plays a big part in your overall health and energy. If it is slowed down, you will feel slowed down both physically and mentally. It is a fat loss program that helps you boost your metabolism in just 22 days. It helps you get rid of cravings, burn off fat, stabilize your appetite, improve your mood, and get rid of brain fog, among many other things. I rsion only, or you can get a digital and printed version. In either case, you will get instant access to the digital information so that you can get started tomorrow if you want. The Guarantee There is a 60-day money back guarantee with this 22-day program. In other words, try it out and if you don 't experience the results you expect, then ask for your full refund - no questions asked. Will This Really Work? If you are going to listen to someone for weight loss and nutrition advice, then Jonny Bowden is the guy. His face and information is all over the Internet, making him one of the best-known experts on living a healthy life, and he wouldn 't create a program that doesn 't live up to his name. The chances are very good that you will experience the results you are looking for within 22 days, and that those results will carry forward for the rest of your life.

History of Policing in America Essay Example | Topics and Well Written Essays - 750 words - 1

History of Policing in America - Essay Example However, as colonies shifted into towns, as well as towns into big cities, the Justice of the Peace organization was not sufficient. It was time for a well structured and salaried police service unit. Nevertheless, during that time, there were no policewomen. Boston initiated Night Watch in the early 1600s, which worked logically well in areas where the settlers embraced a rural culture, as well as an agrarian lifestyle (London, 2006). New York City, on the other hand, in 1651, set up the Shout and Rattle Watch, but, in 1705, Philadelphia thought that it was necessary to split the city into ten patrol regions. This was, in reality, the first stab in the United States at "controlled law enforcement" as it was worth the effort (London, 2006). Sometime between the Civil Wars and Revolutionary, the over-rapid increase of industrialization and population in the United States mandated the development of metropolitan police departments. Philadelphia, in 1833, prepared an independent, 24/7 watch squad (London, 2006). In 1844, New York, in 1844, maintained two police units, one unit worked during the day and the other one took their shift at night. During this time, police departments were run by police chiefs, chosen and answerable to political bosses inharmoniously comparable to what was observed in the black and white police films of the 1950s. Corruption ran out of control. Another law enforcement technique that American inherited from Britain was The Sheriff System. As America migrated west, in a majority frontier townships, the sheriff was the main law enforcement officer (London, 2006). He could be hired from the local community, or more regularly a Sheriff was elected by his repute and the gloomier the representative, th e more likely he was to be selected.  

Introduction of Synthesis of Zinc Iodide Lab Report

Introduction of Synthesis of Zinc Iodide - Lab Report Example The chemical equation (Eqn 1) below presents the synthesis of zinc iodide from its reactants in the presence of water (Sheppard, 1): The technique involved in this experiment is gravimetry, which is defined as the determination of the mass of substances involved in the reaction (â€Å"Gravimetric Analysis†, tamu.edu). Based on the chemical equation, zinc iodide is expected to precipitate from the reaction, and the precipitate is subjected to washing procedure to collect the excess reactants, which are also weighed (Sheppard, 1). Impurities are the unwanted substances in the precipitate and may affect the percent yield of the product obtained which may be brought about by co-precipitation, surface absorption, occlusion and post-precipitation. Surface adsorption happens when impurities present in the mixture are adsorbed during precipitation. Post-precipitation occurs when a different precipitate forms on top of the expected product while in contact with the mother liquor. In the experiment, surface absorption and post-precipitation may likely introduce the impurities in ZnI2, but this can be avoided by thorough washing of the precipitate and careful precipitation during reaction (â€Å"Gravimetric Analysis†, tamu.edu) of zinc and

Physiology and Function Essay Example | Topics and Well Written Essays - 500 words - 2

Physiology and Function - Essay Example Peristalsis is the rhythmic segmental contraction and relaxation of the GI tract that helps in propulsion of food. Peristalsis is generally under autonomic control and is further mediated by myentric plexus located between the circular and longitudinal muscle layer. Contraction of these two muscles produces peristaltic waves, normally in a forward direction. Peristalsis plays a different role depending on the location of the GI tract. In the esophagus, it simply propels the food into the stomach. But in stomach, strong peristaltic contractions grind the food and mix it well with the acidic contents of the stomach. In the intestines the peristalsis is slow, providing sufficient time for digestion and absorption to take place (Guyton & Hall, 2000). Bile is produced and secreted by liver but is transported to gall bladder for storage. In the gall bladder it becomes concentrated and is released into the duodenum via common bile duct under the influence of cholecystokinin and vagal stimulation. Bile is composed of water, bile salts, bilirubin, cholesterol, fatty acids, lecithin and other common ions. Bile serves two important functions: assistance in fat digestions and removal of waste products. Bile does not contain any enzymes for digestion of fat but it causes emulsification of fat particles facilitating digestion and absorption in the intestinal mucosa. Bilirubin, a waste product of hemoglobin breakdown is also secreted in the feces via bile (Guyton & Hall, 2000). Saliva is secreted in the oral cavity by various glands such as parotid, submandibular, and sublingual glands. Every day these glands produce 800-1500ml of saliva. Saliva has two important components: ptyalin and mucus. Ptyalin is an amylase enzyme that helps in starch digestion, whereas mucus plays an important role in lubricating the food bolus and reducing mechanical friction. Saliva also has one important function of protecting oral cavity from invading

Gulf Real Estate Properties Essay Example | Topics and Well Written Essays - 1000 words

Gulf Real Estate Properties - Essay Example The current research focuses specifically on real estate with respect to condominiums. In order to focus our research a company centering specifically on the real estate relative to condominiums, â€Å"Gulf Real Estate Properties†, has been chosen for study. A real estate company native to southwest Florida, the Gulf Real Estate Properties proves its mettle in the real estate arena by making sound practical research regarding condominiums. This, they accomplish by collecting on site data, monitoring information relative to the sale and purchase of condominiums. The number of days it takes for each condominium to be sold is also taken into account and recorded for analysis and reference. The Gulf Real Estate Properties has classified the condominiums by separating those present on the areas of the Gulf from those present elsewhere such as on the bay or a golf course. The data relative to the recent sales of Condominiums both on and off Gulf, which is in thousands of dollars, has been selected. Statistical analysis of the acclaimed data would reveal facts which would be accommodated within a managerial report. Data The data comprise of three variables namely list price, sale price and days to sell for both the categories of condominiums that are â€Å"Gulf View† and â€Å"No Gulf View†. The sample size for former is 40 while for the latter it is 18. The price values are given in thousands of dollars. ... The descriptive statistics highlight multiple factors that would assist a real estate agent comprehend the real estate market. The sample mean of days to sell variable for Gulf View Condominiums (= 106 days) is comparatively lesser than the sample mean of No Gulf View Condominiums (= 135 days). This apparently shows that the condominiums located directly beside the Gulf of Mexico are sold in lesser time than those that are not. Despite the fact that the sample mean values of price variables for Gulf View Condominiums are higher than the other category condominiums it seems that the Gulf View Condominiums are quicker and easier to sell. This fact is asserted by the sample standard deviation values (= 52.22 & = 76.3) of both the samples by highlighting the fact that the sample mean of â€Å"Days to sell† variable (= 106 days) for Gulf View Condominium represents the sample data with more consistency and lesser dispersion. The margin of error for No Gulf View category is also hig her as compared to the Gulf view category due to higher standard deviation value. Further analysis along with interval estimations is presented in the next section. Table 1.0 Descriptive Statistics of each of the three variables Descriptive Statistics Gulf View Condominiums No Gulf View Condominiums List Price Sale Price Days to sell List Price Sale Price Days to sell Mean 474.01 454.22 106.00 212.81 203.19 135.00 Standard Error 31.19 30.44 8.26 11.54 10.35 17.98 Median 437.00 417.50 96.00 212.50 203.50 126.00 Mode 975.00 305.00 85.00 279.00 179.00 #N/A Standard Deviation 197.29 192.52 52.22 48.95 43.89 76.30 Sample Variance 38923.36 37063.09 2726.51 2395.64 1926.48 5821.65 Range 805.10 810.00 254.00

Pregnant Women Whose Age is Over Forty Assignment - 1

Pregnant Women Whose Age is Over Forty - Assignment Example In general, this group of women is in the most difficult phase in its womanhood: menopause period. There are several changes that occur in their bodies that are mainly biological; undoubtedly, the physiological modification has the direct and visible effect on the psychological aspect of the person undergoing such body changes. Pregnancy in this particular period is very dangerous for women who undergo such childbearing. Â  Based on certain statistics, women of such age bracket are twice more at risk of having a fetal demise in contrast to the younger women (Klossner, 2006). This implies that in giving birth to a newborn baby, the lives of the women whose age is over 40 are in greater danger than those of the women below such age bracket. This sort of tragedy (i.e., death) from childbearing is largely attributed to the physiological characteristic characterized in the at-risk group of women. Due to dramatic changes in their bodies (e.g., ovaries), pregnancy for this group of women is complicated, which leads, at certain times, to their ultimate demise. Moreover, women who are pregnant in their 40s and above are more likely to have a type of cesarean delivery (Klossner, 2006). In contrast to young women, women of considerable age are prone to cesarean operation probably due to the biological complexity inherent in menopausal stage. It is noteworthy that there are two human beings that are at risk in this type of scenario: the mother and the baby. Â  In the process, the at-risk group of women inevitably needs vital support from the family in particular and the community in general. In the absence of the family, the community through its resources is essential in facilitating the pregnant woman whose age is over 40.

Essay/ memorandum Essay Example | Topics and Well Written Essays - 250 words

/ memorandum - Essay Example People may disregard other health precautions such as healthy eating habits since they will have a remedy to old age in Sniurb 13. This may lead to deaths from several diseases contracted such as cancers and even dangerous viruses such as HIV/AIDS. Eventually, the state may end up spending more on the health of its citizens as a result of the introduction of Sniurb 13. The company should at all times be faithful to the ethics of marketing. This entails relaying only true and accurate information to the public. It will ensure the company remains within the legal parameters set by the Food and Drugs Administration (FDA) before and after approval of the drug. Most importantly, the public must be reminded regularly the drug is still subject to approval by the Center of Drug Evaluation and Research under the FDA as the final authority. In addition, the company should inform the public that side effects have not been yet discovered but it is not the final position as side effects in drugs could occur well after 20 years of use. Sticking to marketing ethics and the law in the Food, Drug and Cosmetic Act and the Public Health Service Act will ensure the company moves forward whether the drug succeeds or

HR data collection Essay Example for Free

HR data collection Essay HR data collection makes company able to measure against it supporting workforce planning, monitoring progress and development, developing initiatives for generic cases. It identifies and analyses information to aid the organization in making ultimate decisions both beneficial to the organization and its employees. Two reasons considered closely. Through HR data collection an organisation can: 1) comply with legislative and regulatory requirements regarding equal opportunities, equal pay audits, recruitment, assessing skills balance, absence recording. 2) monitor training and performance for employees, assessing each individual employee for productivity and identifying training needs. That means assessing the productivity within the business. Being well informed about the workforce is the key to aim the ultimate goal of the organization. Data collection enables management team to make informed decisions about future activity. Two types of data collected and their support: 1) Attendances is useful to monitor and gauge daily working hours and monitor absences. That enables HR to manage regular absentees successful and deal with any issues the employee might have. 2) Organisational records which includes: staff turnover, absenteeism, recruitment documentation, learning and development. HR department can monitor staff level making decision about a further recruitment process. It is also essential collecting and updating employee records such as home addresses and people to contact in time of emergency. These information are helpful where the employee not to come to work without notice. Records can be stored: 1) Electronically through computerised system. In this way organization can keep information up to date easily and any information can be sent and received rapidly. It also reduce company costs and the amount of data can be stored with no taking up much office space and they can be sorted, found, moved and protected easily. 2) Manually in paper format. In this case the risk of corrupted data is less and information are accessible in any time considering occurrences of power cuts or electronic system crashes. Moreover problems with duplicates of the same record are usually avoided. Two items of UK legislation relating to recording and storing HR data: 1) Data Protection Act, 1998. It concerns all personal records whether held in paper or electronic format. The act contains eight protection principles specifying personal data must be: Processed fairly and lawfully. Obtained for specified and lawful purposes. Adequate, relevant and not excessive. Accurate and up to date. Not kept any longer than necessary. Processed in accordance with the â€Å"data subject’s† (the individual’s) rights. Securely kept. Not transferred to any other country outside the EU without adequate protection in situ. 2) Freedom of Information Act, 2000. It allows people to ask any public body for information on both any subject an organization has and themselves too. So that the act encourages organization to be transparent and, unless a valid reason, the organization must provide requested information within 20 working days. Through this act people can access to informations needed and ensure they are not exploited or used inappropriately.

Evaluation of Cognitive Behavioural Therapy Effectiveness

Evaluation of Cognitive Behavioural Therapy Effectiveness Introduction The following discussion will critically evaluate the research evidence which is available regarding the efficacy and effectiveness of Cognitive Behavioural Therapy (CBT). It will particularly focus upon its application to the treatment of Schizophrenia Initially, a brief explanation of what is meant by CBT will be given along with an outline of the model which underpins it. A consideration of the use of CBT for the treatment of Schizophrenia will then be made. A series of 25 studies which have been conducted to investigate the efficacy and effectiveness of the use of CBT for the treatment of Schizophrenia have been critically analysed. The results of this analysis will be presented with reference to the following key factors: the determinant and measurement of quality of life, social functioning and occupational status, hospital readmission/relapse, compliance with pharmacological and non-pharmacological treatments, dropping out and compliance to CBT, general impression of clinical/ professionals and others, unexpected and unwanted effects, economic outcomes and the management of change. 2.0 Cognitive Behavioural Therapy (CBT) It has been said that the thoughts people have of a situation, and the way IN WHICH they interpret and understand it, are largely influenced by their beliefs about themselves and the world (Nelson 1997). Such a view is congruent with the underlying principles of Cognitive Behavioural Therapy (CBT). The 1980s saw pioneering work being conducted by Aaron Beck using Cognitive Therapy (Beck Rector 2000). This was later merged with the principles of Behavioural Therapy to produce what was entitled CBT. The Cognitive-Behavioural approach is fundamentally based on the three factors: Cognition, Behaviour and Emotion which are displayed in Figure 1 overleaf: In other words, this concept suggests that the way in which an individual thinks about and interprets a situation will directly influence their behaviour within the situation. This in turn will impact upon how they feel after performing the behaviour (Kinderman Cooke 2000) Thus on a very basic level, a person’s views regarding smoking will influence whether or not they are a smoker and how they feel about it. These principles provide the foundation upon which the rationale for treating an individual is built. If one wishes to change the way in which an individual is feeling, one must address the associated behaviours and underlying thoughts. CBT could therefore be used to help a person to stop smoking. An attempt would be made to change the way in which the person thought about smoking which would then, in theory, influence their behaviour in terms of whether or not they smoked and how they felt as a consequence. The same principles and procedure could be used to treat other addictions and phobias whilst also being applicable to depression and anxiety related problems. In order for this process to be most effective, CBT relies heavily on a trusting and collaborative relationship being formed between the therapist and the patient. An alliance is formed through which positive changes can be facilitated. The Therapist and the patient work together in order that any problems are identified and that an appropriate treatment programme is worked out (Beck 1995). It is important therefore that the patient is committed and willing to take part in the treatment so that the probability that the treatment is effective can be maximised. 2.1 The development of CBT CBT was originally developed and applied to the treatment of neurosis (Haddock et al 1998). It was mainly used for the treatment of people suffering from depression and anxiety. More recently, CBT has started to be applied to a wide range of other problems such as phobias and addictions. The success of such applications has led its supporters to advocate the use of CBT to the treatment of psychosis (Thornicroft Susser 2001). This incorporates illnesses such as Paranoid Schizophrenia and Bipolar Disorder. Morrison (2002) provides a wide variety of case studies in which CBT was used as a treatment method. 3.0 Research Evidence Any decision regarding the use of a given treatment must be based upon the scientific documentation which has assessed the treatment’s effectiveness and efficacy (Carpenter 2001). Thus one needs to consider the empirical research which has assessed the psychological management of psychotic symptoms. This research will now be discussed with reference to acute psychotic symptoms, long term psychotic symptoms and research which has been conducted in a clinical setting. The research which has been conducted to assess the efficacy and effectiveness of CBT for the treatment of Schizophrenia will now be critically analysed with reference to the nine different evaluation areas. 3.1 Determinant and Measurement of Quality of Life The first key issue in the debate surrounding the use of CBT in the treatment of Schizophrenia concerns how a person’s quality of life is determined and how it can best be measured. Clearly one of the central aims of medicine in general, and in mental health care in particular, is to improve the quality of life of the patient. A number of studies have attempted to investigate the quality of life of Schizophrenic patients after undergoing CBT. One of the larger studies was conducted by Lewis et al (2002) and involved a sample of 315 Schizophrenic patients being given CBT along side routine care and supportive counselling. It was reported that a significantly faster clinical improvement was made by those within the CBT condition relative to a control group. Lewis et al (2002) concluded that CBT enabled Schizophrenic patients to reach remission more quickly and that this was associated with an increase in their quality of life. This approach suggests that quality of life, therefo re, is determined by a removal of the symptoms associated with the illness. However, the conclusions made by the research have been questioned as significant improvements were made by the CBT group only in terms of a reduction in auditory hallucinations and not in terms of delusions, positive symptoms and the total Symptom Scores. Other relevant research was conducted by Jenner et al (1998) regarding the measurement of quality of life. CBT and coping skills training was given to 40 patients experiencing therapy-refractory auditory hallucinations. Significant improvements were found regarding overall symptomotology and in daily quality of life. This improvement in quality of life was said to be determined by improvements in daily functioning and social interactions. Auditory hallucinations were found to be eradicated for 20% of patients. Therefore, research in this field has suggested that CBT can improve the quality of life of Schizophrenic patients. This is determined by factors such as remission from symptoms and improvements in both daily functioning and social interactions. However, the measurement of ‘quality of life’ is a difficult concept as it is difficult to obtain relevant objective data. One must rely more on the subjective ratings of the patients, their family and the clinician involve d. Such measures need to be standardised such that the determinants and measurement of quality of life can be assessed and made based on sound empirical research evidence. 3.2 Social Functioning and Occupational Status An improvement in a patient’s quality of life is inevitably going to be linked with their social functioning and their ability to find employment. A study which focused on social functioning was conducted by Wiersma et al (2001). A sample of 40 patients received CBT and coping skills training over a period of 4 years. The therapy focussed upon addressing auditory hallucinations and on improving social functioning. The results found that there was a significant reduction in the frequency of hallucinations and their burden on the patient. It was also reported that 18% of the patients experienced a complete disappearance of their auditory hallucinations. Sixty per cent showed significant improvements in terms of anxiety, loss of control and disturbance of thought. Finally, 67% of those involved with the study showed significant improvements regarding social functioning. Having said this, there are a number of important limitations within the methodology used within this study whi ch ensure that it is difficult to confidently accept any findings. No control condition was evident, the assessors were not independent and the baseline measures used were made retrospectively. Furthermore, it was also reported that booster sessions were required to strengthened the skills and to enhance them in specific social situations. These limitations ensure that one needs to consider other research in this area in order to accurately assess the efficacy and effectiveness of using CBT for the treatment of psychosis. Barrowclough et al (2001) conducted a study which involved integrating the use of routine care with motivational interviewing, CBT and Family Therapy. Subsequent analysis revealed that this approach had facilitated significant improvements in the patients’ general functioning and abstinence from alcohol and/or substance abuse. Barrowclough et al (2001) suggest that the co-morbidity of symptoms alongside those involved with Schizophrenia can ensure that the patient finds it very difficult to find appropriate work. Thus this integrated treatment approach has been shown to increase social functioning and this could be theorised to then improve the patients’ chances of enhancing their occupational status. Such an assertion requires further empirical investigations such that the strength of this association can be determined. 3.3 Hospital Readmission and Relapse Research has been conducted which has assessed the effectiveness of using CBT for treating people who had been experiencing persistent psychotic symptoms for at least six months (Tarrier et al 1998). Participants either received CBT or supportive counselling for 20 hours over a 10 week period. The supportive counselling focussed on unconditional positive regard and developing rapport. One benefit of this research was that the assessors were both blind and independent. Those within the CBT group were found to be more likely to experience a 50% reduction in symptomotology and to spend fewer days in hospital. This study was subsequently criticised as significant differences were not found between the outcomes of those within the CBT and supportive counselling groups. However, it does provide some evidence that CBT can reduce the number of days that a Schizophrenic patient spends in hospital. This finding was supported by the results of the Bechdolf et al (2001) study which compared the benefits of CBT and Psycho-Education in the treatment of Schizophrenia. The results from the 88 participants found that those within the CBT group were significantly less likely to be re-hospitalised. In terms of relapse rates, an important study was reported by Gumley (2003). A group was identified as being at high risk from relapse. They were targeted such that their fear of relapse could be reduced, their management of the risk of relapse could be educated regarding the key warning signs and provided with booster sessions to further help prevent relapse. The targeting took place at the initial stage of the recovery process. At the 12 month follow up period, 15.3% of those within the experimental group were found to have relapsed compared to 26.4% of those who were ‘treated as usual’ Thus it was possible to significantly reduce the relapse rates of the Schizophrenic patients. Again this result was supported by the Bechdolf et al () study which reported lower relapse rates for patients given CBT relative to those who were treated as usual. In contrast, Tarrier et al (2004) found that there were no significant benefits in terms of relapse rates when CBT was given to p eople after their first psychotic episode compared to those being treated as usual. Therefore CBT does appear to help to reduce the relapse rates of those suffering with Schizophrenia but such benefits may not be significant for all forms of the illness. 3.4 Compliance With Pharmacological and Non-Pharmacological Treatments A key element of most medical treatments is that the patient is compliant where necessary. Clearly if they are not compliant then this has the potential to reduce the effects of the treatment. The problem of non-compliance in the treatment of psychotic symptoms has been identified within previous research. For example, Perkins and Repper (1999) suggested that non-compliance is an issue with approximately 43% of admissions to psychiatric units. One study which has investigated Schizophrenic patients and their compliance with CBT was reported by Bechdolf et al (). They compared CBT with the use of Psycho-education and found that the compliance levels were significantly higher for the CBT group. This is an encouraging finding in the light of the importance which can be placed on the patient’s compliance with treatment in terms of its effect on the overall success of CBT as a treatment option. 3.5 Dropping Out and Compliance to CBT The issue of compliance and the possibility of patients dropping out of treatment is a significant one. This is particularly the case with CBT is it relies upon a trusting relationship being formed between the therapist and the patient (Beck 1995). If the patient is not willing to be part of such a relationship then this will likely result in CBT being a less effective option than it otherwise could be. The study conducted by Jenner et al (1998) investigated this and found that 9% of their participants dropped out of the treatment programme. Although this is a relatively small number, it still represents a significant issue and one which merits consideration by both researchers and mental health professionals. 3.6 General Impression of Clinical/Professionals and Others It is important that a 360 degree perspective of the use of CBT for the treatment of Schizophrenia is gained so that a comprehensive picture of how its use is perceived can be obtained. This approach will need to take account of the views of the mental health professionals involved, the family of the patient and the patient themselves. With regards to the clinicians, the significant research findings have led many to advocate the use of CBT for the treatment of Schizophrenia (Thornicroft and Susser 2001). Therefore it would appear that it is an approach which is supported by the clinicians and professionals involved. Other quantitative research conducted by Jenner et al (1998) has found that 78% of the family of patients and the patients themselves were satisfied with their experience of CBT for treating Schizophrenia. Further research has focused on the patient in particular. For example, Messari and Hallam (2003) conducted in-depth qualitative interviews with four in-patients and o ne out-patient, all of which were suffering with Schizophrenia. The patients reported that they were in favour of the educational aspect of the CBT approach. They also noted that although the therapist was trying to change their beliefs, this was because the beliefs were false and not because it was a form of coercion One participant was against the use of CBT treatment. They indicated that it was unhelpful and that they were merely passively complying to the treatment as part of the powerful medical profession. Therefore, CBT appears to be a popular treatment for Schizophrenia amongst clinicians/professionals, the families of patients and the patients themselves. However, question marks do remain over patient opinions as not all of those involved in the Messari and Hallam research reported positive opinions. Further investigations of patient views need to be conducted with larger samples in order that a more confident conclusion can be drawn regarding patient views of the use of CB T for Schizophrenia. 3.7 Unexpected or Unwanted Effects As within the evaluation of any treatment programme, one must consider the negative as well as the positive aspects and effects. Some studies within this field have demonstrated that there is no significant benefit of using CBT compared to when the patients are treated as usual. This was the case with the research reported by Haddock et al (1999). Although this was a project which used a relatively small sample, it does indicate that CBT may not be appropriate in all circumstances in the treatment of Schizophrenia. Further investigations are required in order that the most appropriate application of CBT in this field can be determined. Rather than showing negative effects, other research has served to demonstrate that CBT did not have the positive effects which were expected. For example, Lewis et al (2002) found that CBT did not lead to the expected improvement in delusions, positive symptoms or Total Symptom Scores. Such drawbacks are highlighted by Turkington and McKenna (2003) wh o argue that inappropriate conclusions have been drawn based on the research evidence in this field. The results of some of the more prominent studies in this research field are summarised in Table 1 overleaf. Table 1 Effect sizes for improvement with cognitive–behavioural therapy (CBT) in studies using blind evaluation and a control intervention Turkington and McKenna (2004) suggest that if a drug had been tested and found to have the results displayed in Table 1 then it would have been consigned to history. As the clear benefits of CBT for the treatment of Schizophrenic patients are not yet fully understood, unexpected research findings will continue to be reported. Thus, research in this field has not always revealed the findings which were anticipated by the researchers. 3.8 Economic Outcome When one is evaluating any treatment, the economics of its application must be taken into consideration. Even if a treatment is shown to be very effective, its use may not prove to be economically viable. With health care units working within strict budgets, any proposed treatments need to fit within the economic constraints which are placed upon those selecting the treatments to be used. CBT can be a costly approach. Within the Drury et al (2000) study patients were given eight sessions of CBT a week over a six month period. Although this was possible within the experimental setting, the extent to which such an intense treatment programme would be economically viable within clinical environments would be questionable. However, Bechdolf et al () does argue that the use of CBT can lead to cost savings through a reduction in the number of hospital days which are required and the probability that a patient will experience a relapse. It is unclear whether or not such cost savings exceed those involved in the cost of implementing CBT as a treatment option. 3.9 Management of Change A significant amount of research has been conducted regarding the management of the change of Schizophrenic symptoms via the use of CBT. A number of benefits have been highlighted by this research (Turkington and Kingdon 2000, Rector et al 2003). Recent research has indicated that different forms of CBT can be effective such as individual and group CBT (Warman 2005) and Functional CBT (Cater 2005). These benefits have been demonstrated with regards to acute, chronic and more specific psychotic symptoms. The management of each of these three areas will now be briefly considered. The management of acute psychotic symptoms has been achieved with CBT within research. Tarrier et al (2004) found that CBT speeded up the recovery of those who had experienced their first psychotic episode. Furthermore, Startup et al (2004) found that CBT could be used to manage Acute Schizophrenia Spectrum Disorder. The management of these acute and initial psychotic episodes has been highlighted as very important in determining the long term course of the patient’s recovery (Birchwood and Tarrier 1992). CBT has also been used in the management of more persistent psychotic symptoms (Temple and Ho 2005). Kuipers et al (1998) found that CBT could be used to significantly reduced the frequency of more persistent symptoms and delusional distress. These benefits were still found to be significant at the nine month follow-up stage. A major study in this area was conducted by Sensky et al (2000) involving participants in the post-acute stage of psychosis. Improvements were found in both negative and positive symptoms and these improvements remained at the 18 month follow-up period. This study used a relatively robust methodology which overcame many of the limitations associated with previous research. The use of blind assessors and a low intensity of treatments means that the data is more likely to be reliable and that it is likely that the findings would generalise to a clinical setting. Some research has been conducted to assess the use of CBT in the management of psychotic symptoms within a clinical setting. The Tayside-Fife clinical trial found that CBT was related to significantly more clinical improvement relative to participants who had been given supportive counselling or who had been treated as usual. Furthermore, patients given CBT were found to be more satisfied with their treatment compared to those in the other groups. Morrison (2002) also provided evidence to suggest that the benefits of CBT can be translated to a community setting. This effect was found to still be significant at a 12 month follow-up. Finally, research has also shown that CBT can be used to target specific symptoms which are associated with Schizophrenia. For example, Trower et al (2004) found that CBT can help manage ‘commanding’ hallucinations in which the patient is being instructed to perform certain behaviours by voices in their head. Halperin et al (2000) also provided evidence which suggested that CBT can be used to treat the social anxiety which can be associated with Schizophrenia. 4.0 CONCLUSIONS Throughout history a wide range of different approaches have been taken to the treatment of Schizophrenia. Medication, Electro-Convulsive Therapy and Family-Focused Therapy have all been applied to the treatment of Schizophrenia. In more recent times, researchers and therapists have been seen to advocate the use of Cognitive Behavioural Therapy as a feasible and effective treatment method. This discussion has considered the CBT approach and the theoretical model which underpins it. The development of CBT has been addressed and the research evidence which has been provided to evaluate the use of CBT in the treatment of Schizophrenia has been critically analysed. This analysis particularly focused on a set of 25 research studies and was conducted with reference to the following nine key areas: Determinants and measurement of quality of life, social functioning and occupational status, hospitalisation and relapse, compliance with pharmacological and non-pharmacological treatments, drop out and compliance with CBT, general impressions of CBT, unexpected and unwanted effects, the economic outcomes of CBT and its use in the management of change. Discussions within each of these areas has demonstrated that CBT appears to have the potential to be an effective and feasible approach for the treatment of Schizophrenia. However, further research is required to help clarify the benefits of CBT and to identify the circumstances in which it is most effective and the factors which have a significant impact on this effectiveness. CBT could be used throughout the treatment programme from those who are at high risk of experiencing psychotic episodes (Morrison et al 2004) through to the treatment of Schizophrenia patients and then to help minimise the probability that they will relapse and require further time in hospital. The research evidence suggests that CBT can be effective for acute and chronic psychotic symptoms. There is also some research evidence that these benefits can be successfully transferred to clinical and community settings. CBT certainly has a role to play within the multi-disciplinary approach which is now taken to the treatment of mental illness. As part of this comprehensive treatment package the potential benefits of CBT can be realised and steps can be taken to help prevent any possible drawbacks. This will help to ensure that a Schizophrenic patient will receive a feasible, comprehensive and effective treatment package which will effectively address all of their psychotic symptoms and ultimately facilitate an improvement in their mental health. REFERENCES Barrowclough,, C., Haddock, G., Tarrier, N., Lewis, S. W., Moring, J., Schofield, N. and McGoven, J. (2001). Randomized Control Trial of Motivational Interviewing, Cognitive Behaviour Therapy, and Family Intervention for Patients with Co morbid Schizophrenia and substance Use disorders. American Journal Psychiatry. 158, 1706-1713. Bechdolf, A., Knost, B., Kuntermann, C., Schiller, S., Klosterkotter, J.(, Hambrecht, M. and Pukrop, R. 2004). A randomised comparison of group cognitive-behavioural therapy and group psycho education in patients with schizophrenia. Acta Psychiatric Scand. 110, 21-28. Beck, J. S. (1995) Cognitive Therapy: Basics and Beyond. Guildford: New York University Press Beck, A.T., Rector, N.A. (2000) Cognitive therapy of schizophrenia. American Journal of Psychotherapy, 54(3): 291-300. Birchwood, M Tarrier, N (1992) Innovations in the Psychological Management of Schizophrenia, John Wiley Sons Ltd, UK Carpenter, W.T. (2001). Evidence based treatments for first-episode schizophrenia? American Journal of Psychiatry 158(11): 1771-1773. Cater, D. (2005). A pilot study of functional Cognitive Behavioural Therapy (fCBT) for schizophrenia. Schizophrenia Research. 74, 201-209. Drury, V., Birchwood, M. and Cochrane, R. (2000). Cognitive therapy and recovery from acute psychosis: a controlled trial. 3. Five-year follow-up. British journal of psychiatry. 177, 8-14. Gumley, M. (2003). Early intervention for relapse in schizophrenia: results of a12-month randomised controlled trial of cognitive behavioural therapy. Psychological Medicine. 33, 419-431. Haddock, G., Tarrier, N., Spaulding, W., Yusupoff, L., Kinney, C. McCarthy, E. (1998) Individual cognitive-behaviour therapy in the treatment of hallucinations and delusions: A review. Clinical Psychology Review, 18(7): 821-838. Haddock, G., Tarrier, N., Morrison, A.P., Hopkins, R., Drake,R. Lewis, S. (1999). A pilot study evaluating the effectiveness of individual inpatient cognitive-behavioural therapy in early psychosis. Society for Psychiatric Epidemiology. 34, 254-258. Halperin, S., Nathan, P., Drummond, P. Castle, D. (2000). A cognitive –behavioural, group-based intervention for social anxiety in schizophrenia. Australia and New Zealand Journal of Psychiatry. 34, 809-813. Jenner, G., Willige, Van de. Wiersma, D. (1998). Effectiveness of cognitive therapy with coping training for persistent auditory hallucinations: a retrospective study of attenders of a psychiatric out-patient department. Acta Psychiatry Scand 98, 384-389. Kinderman, P Cooke, A (2000) Understanding Mental illness, Recent advances in understanding mental illness and psychotic experiences, The British Psychological Society, UK Kuipers, E. (1998). London-East Anglia randomised controlled trial of cognitive-behaviour therapy for psychosis. II: Follow-up and economic evaluation at 18 months. British journal of psychiatry. 173,61-68 Lewis, S., Tarrier, N. and Haddock, G. (2002). Randomised controlled trial cognitive-behavioural therapy in early schizophrenia: acute-phase outcomes. British Journal of Psychiatry. 181 (suppl,43), s91-s97. Messari, S Hallam, R. (2003). CBT for psychosis: A qualitative analysis of clients’ experiences. British Journal of Clinical Psychology. 42, 171-188. Morrison, A. P., Renton, J. C., Williams, S., Dunn, H., Knight, A., Krentz, M., Nothard, S., Patel, D. and Dunn, G. (2004). Delivering cognitive therapy to people with psychosis in a community mental health setting: an effectiveness study. Acta Psychiatric Scand. 110, 36-44. Morrison, A. P., Bentall, R. P., French, P. and Lewis, S. W. (2002). Randomised control trial of early detection and cognitive therapy for preventing transition to psychosis in high-risk individuals. British journal of psychiatry. 181, s78-s84. Morrison, A. P. (2002) A Casebook of Cognitive Therapy for Psychosis. Hove: Brunner Routledge Nelson H (1997) Cognitive Behavioural Therapy with Schizophrenia, Stanely Thornes, UK Perkins, R.E. Repper, J.M. (1999) Compliance or informed choice. Journal of Mental Health, 8(2): 117-129. Rector, N. A., Seeman, M. V. Segal Z. V. (2003). Cognitive therapy for schizophrenia: a preliminary randomised controlled trial. Schizophrenia Research. 63,1-11. Robert, R., Durham, R. C., Guthrie, M., Morton, V., Reid, D. A. and Treliving, L. R. (2002). Tayside-Fife clinical trial of cognitive-behavioural therapy for medication-resistant psychotic symptoms. British journal of psychiatry. 182, 303-311. Sensky, T., Turkington, D., Kingdon, D., Scott, J. L., Scott, J., Siddle, R., OCarroll, M. Barnes, T. (2000) A randomised controlled trial of cognitive-behavioural therapy for persistent symptoms in schizophrenia resistant to medication. Archives of General Psychiatry, 57: 165-172. Startup M., Jackson M. C. Bendix S. (2004). North Wales randomised controlled trial of cognitive behaviour therapy for acute schizophrenia spectrum disorders: outcome at 6 and 12 months. Psychological Medicine. 34, 413-422. Tarrier, N. Bentall, R., Drake, R. Kindermann,

Cognitive Turn and Linguistic Turn :: Philosophy Symbols Papers

Cognitive and Linguistic Turn My first goal is to question a received view about the development of Analytical Philosophy. According to this received view Analytical Philosophy is born out of a Linguistic Turn establishing the study of language as the foundation of the discipline; this primacy of language is then overthrown by the return of the study of mind as philosophia prima through a second Cognitive Turn taken in the mid-sixties. My contention is that this picture is a gross oversimplification and that the Cognitive Turn should better be seen as an extension of the Linguistic one. Indeed, if the Cognitive Turn gives explicit logical priority to the study of mind over the study of language, one of its central features is to see the mind as a representational system offering no substantial difference with a linguistic one. However, no justification is offered for the fundamental assimilation of the nature of a mental representation with that of a linguistic symbol supporting this picture of the mind, although the idea that a system of mental representations is identical in structure with a system of linguistic symbols has been argued over and over. I try to demonstrate this point through a close critical examination of Fodor's paradigmatic notion of 'double reduction.' My second claim is that the widespread contemporary assimilation of a mental representation with a symbol of a linguistic kind is no more than a prejudice. Finally I indicate that this prejudice cannot survive a rigorous critical examination. 1. Introduction: linguistic symbol and mental representation A good deal of that important branch of contemporary philosophy which goes by the loose term of Analytical Philosophy lives, in my opinion, with a distorted representation of its own past, and consequently, with an inaccurate appreciation of the nature of its own achievements. As a matter of fact the belief is widely spread among analytical circles that the birth of Analytical Philosophy is the result of a Linguistic Turn taken by its founding figures G. Frege and B. Russell and then expanded into various directions by their notorious or less notorious followers. (1) To put it in a nutshell, the Linguistic Turn — of which historians give in fact conflicting accounts — (2) can be characterized by saying that it turned (better said, intended to) every philosophical problem — and most of all every psychological and epistemological one — into a problem about language, or at least into a problem dependent upon problems about language.

Evil and an STN God :: Philosophy of Religion Essays

Evil and an STN God The problem of evil makes theists discern a reason for an STN God to allow evil and suffering in the world. The basic setup for the problem of evil is that either a God who is all knowing, all powerful, wholly good, eternal, and creator of this universe but separate from it (STN) or evil exists. Atheists believe that since evil exists then there is no STN God. Theists branch into two categories, either believing in God, but not an STN God or believing that God has a reason for allowing evil into the world. The latter type is a narrow theist and they use a theodicy to solve the problem of evil, the best of which is the ontological defense. However, the ontological defense does not solve the problem of evil. The problem of evil stems from the contradicting beliefs that either an STN God exists or evil exists (93).1 The problem of evil can be expanded into two arguments against the existence of an STN God: the logical and the evidential arguments (93).1 The argument from the logical problem of evil is simple. The basic form of this argument is that if an STN God exists, then evil cannot exist (93).1 Since there is evidence that evil does exist an STN God cannot exist (93).1 The evidential problem of evil is based more on how any greater good can come from the evil (99).1 In the argument from the evidential problem of evil, there are times when an STN God could have prevented intense suffering without interfering with a greater good (99).1 An STN God would prevent any suffering that would not interfere with a greater good and since suffering has occurred that does not interfere with a greater good an STN God cannot exist (99).1 The problem of evil is solely a problem for theists. In order for a theist to keep their beliefs in an STN God they must find a way to solve the problem of evil by using a theodicy (103).1 Or they can change their beliefs so that they no longer believe in an STN God, but just a God (108).1 The ontological defense appears to be the most successful theodicy at solving the problem of evil. This defense essentially says that it is impossible for good to exist in the world without evil. The ontological defense is the strongest defense because it merely puts forth the concept of opposites and does not try to explain any other reasoning for why evil exists or why God puts evil in the world.

Perceptions of Dimmesdale and Chillingworth in the Scarlet Letter Essay

Chillingworth and Dimmesdale: Reflections of True Puritan Society 18th century’s perception of the Puritan Society was that Puritans were a zealous community of people that lived with strict moral standards which allowed them to live in perfect harmony. However, the truth is Puritans were overly zealous whose values created paranoia and intolerance for other views. Through the characters Dimmesdale and Chillingworth who are also falsely perceived, Hawthorne suggest they are representative of the dour living of Puritan society that is hidden by the puritan’s tranquil and utopian outlook. John Winthrop aimed to created Christian utopian society when he founded the puritan community, he failed in this goal. Even with his failure, people still thought of the society as pure and just. What he engendered instead was a community whose theology denied human being’s free will, filled with paranoia, racism, sexism and hatred of sexuality and youth. These themes are clearly represented in the Scarlet Letter. The hatred of youth is shown early on in the novel, when Hester Prynne first enters from the prison, â€Å"This woman [Hester Prynne] has brought shame upon us all, and ought to die. Is there not law for it? Truly, there is, both in the Scripture and the statue-book.†(199). The aged ugly woman who makes this statement is used by Hawthorne to serve as representative for the puritans, while Hester represents youth and sexuality. The undeserving punishment of death for the crime of adultery only further demonstrates the extremities of this so-called per fect society. While perhaps seen as God’s will that a person who commits adultery must die, it is instead the government’s way of controlling the people by fear and terror so that t... ...ore it would be released free, which he then delivered the greatest sermon yet. The puritans economic status increased as less and less free will was granted, basically proving along with Dimmesdale, as corruption increases in religious figures or people they gradually better themselves, Dimmesdale in his sermons, while the Puritans in their economic status. Through the characters Dimmesdale and Chillingworth, Hawthorne reveals the true nature of Puritan society through parallels among the three. All three’s hidden evil is masked by each of their perfect appearances. Chillingworth exhibited the Puritan’s benefit of the doubt they received because of their relation to religion, while Dimmesdale presented the fact that corruption fuels the association with religion and as corruption within someone or something increases, so does a person or people’s betterment.

Manager Production Essay

GENDER Fewer differences between men and women that affect job performance. GENDER 1. Women are more willing to conform with authority. 2. Men are more aggressive and more likely to have expectations of success. 3. Women with pre-school children prefer part-time work, flexible work schedules, and telecommuting to accommodate family responsibilities. GENDER 4. No consistent male-female differences in: ? ? ? ? ? ? Problem solving ability Analytical skills Competitive drive Motivation Sociability Learning ability 5. Absenteeism – no significant differences. People in the workplace do identify more with  people like themselves so in some cases there may be opportunities given to people based on the fact that they are like their supervisor. RACE & ETHNICITY †¢ People in organization may favor employees of their own race. †¢ On the basis of race people some times get lower ratings in interviews, paid less and promoted less frequently. †¢ Some scholars argue that it is not productive to discuss race for policy, biological, genetics and anthropological reasons. TENURE Tenure refers to the length of time people have been on the job and is tied to seniority. Recent evidence demonstrates a positive  relationship between seniority and job productivity. †¢ Tenure (work experience) appears to be a good predictor of employees productivity. †¢ Longer a person stays in a job, less likely to quit. TENURE †¢ In terms of both frequency of absence and turnover, tenure is the single most important explanatory variable. †¢ Past behavior is the best predictor of future behavior. †¢ Tenure and job satisfaction are positively related. †¢ Stable predictor of job satisfaction than chronological age. OTHER BIOGRAPHICAL CHARACTERISTICS 1. Religion †¢ May impact the workplace in areas of dress, grooming and scheduling Sexual Orientation †¢ Federal law does not protect against discrimination (but state or local laws may). †¢ Domestic partner benefits are important considerations. 3. Gender Identity †¢ Relatively new issue – transgendered employees. INTELLECTUAL ABILITY †¢ Ability – defined as an individual’s capacity to perform the various tasks associated with the job. It is a current assessment of what one can do. †¢ Intellectual ability – are abilities needed to perform mental activities like, thinking, reasoning, problem solving etc. INTELLECTUAL ABILITY. Smart people generally earn more money and  attain higher levels of education. †¢ General Mental Ability (GMA) takes a look at overall intelligence and is generally recognized by researchers. †¢ Wonderlic Personnel Test is generally used as a quick measure of intelligence in the hiring/recruitment process. DIMENSIONS OF INTELLECTUAL ABILITY Number Aptitude Verbal Comprehension Memory Spatial Visualization Intellectual Ability Deductive Reasoning Inductive Reasoning Perceptual Speed NUMBER APTITUDE †¢ Is the ability to do speedy and accurate arithmetic. †¢ Will be effective in jobs requiring mathematical ability, such as an Accountant. VERBAL COMPREHENSION †¢ Verbal comprehension is the ability to understand what is read or heard and the relationship of words to each other. †¢ This ability will be helpful in jobs where the manager needs to understand policies in order to carry out their job tasks. PERCEPTUAL SPEED †¢ Perceptual speed is the ability to identify visual similarities and differences quickly and accurately. †¢ This particular ability is helpful when an employee needs to take in a lot of information and make decisions about the patterns, such as a Detective or Inspector. INDUCTIVE REASONING. Inductive reasoning is  present when an individual can identify a logical sequence in a problem in order to help find a solution. †¢ An employee who needs to make decisions about the future based on historical information will need this ability. DEDUCTIVE REASONING †¢ Deductive reasoning is the ability to use logic and assess the implications of the argument. †¢ When making choices between two different possible solutions to a problem, a manager would need to call upon their deductive reasoning skills. SPATIAL VISUALISATION. Spatial Visualization is when someone can imagine how an object would look if its position  in space was changed. †¢ An employee who needs to make decisions about office setup or interior design would need to have a high level of spatial visualization ability. MEMORY †¢ Memory is the ability to retain and recall past experiences. †¢ Individuals who need to act quickly in a situation, such as a paramedic or nurse, would need a significant degree of memory ability. INTELLEGENCE & JOB SATISFACTION †¢ While intelligence is a big help in performing a job well, it doesn’t make people happier or more satisfied with their jobs. †¢ The correlation between intelligence & job satisfaction is about Zero.

Code of Ethics for Professional Accountants Essay

The code provides a conceptual framework approach to the application of the fundamental principles of professional conduct: 1. integrity Honest and trust. Accountants must not be associated with outputs that: contain materially false or misleading statements contain info furnished recklessly omit or obscure information where such would be misleading 2. objectivity Must be impartial, honest and free from conflicts of interest Intrinsically linked to independence, professional independence is seen to be a subset of integrity and objectivity. 3. professional competence and due care Maintain professional knowledge and skill Apply diligence 4. confidentiality 5. professional behavior the conceptual framework approach adopted in the Code is principles-based, setting forth the principles as well as rules of conduct. Threats Self-interest threats Self-review threats Advocacy threats – promoting a position or opinion that compromises objectivity Familiarity threats: a close relationship where one becomes too sympathetic to others Intimidation threats : actual or perceived and is a deterrent from acting objectively An intimidation threat to an account’s objective or competence and due care may arise where the accountant is  pressured by a client. Normative theories of ethics Normative theories of ethics Normative Theories of ethics Teleological consequential Right from wrong is determined from results or consequences of a decision or action Identify consequences (costs and benefits) for each alternative course of action Compare the ratio of costs and benefits (both economically and morally) Make a decision Deontological non-consequential and rule deontology †¢ Consequences are irrelevant †¢ The important is the intention to do the right thing or the motivation to behave appropriately flowing from a sense of duty. One dose the right thing simply because it is the right thing to do regardless the consequences Egoism †¢ A right or acceptable decision is one that maximises net positive benefits to oneself. †¢ Can be restricted if self-interest is pursued within the law and fair competition †¢ Utilitarianism †¢ Does not focus on oneself †¢ A right decision is one that produces the greatest to the greatest number of people Rights †¢ A decision will only be ethical if its intentions do not often the rights of stakeholders †¢ Rights include legal, contractual, special, particular, natural and constitutional rights †¢ Process: Identify the rights particular to the stakeholder Ensure the decision is consistent with respecting such rights Justice †¢ Focuses on distributive justice which refers to the fair and equal distribution of benefits and burdens †¢ Process: Identify the benefits and burdens Assign the benefits and burdens to the various stakeholders Decide whether the destruction of benefits and burdens is fair and equal Aristotle on justice – â€Å"Equals should be treated equally and unequal’s should be treated unequally.† M 3 Types of directors Directors †¢ Board of directors: Not involved in day-to-day decision-making (AWA ltd v Daniels) Must ensure procedures are in place to ensure major operational issues are brought to its attention, Directors ï ¼ dependent Non-independent directors †¢ Can be executive directors Independent Directors †¢ Free from any influence which would bias the decisions †¢ Free from any connections †¢ Should not been paid according to performance achieved †¢ Not involved in the business on a day-to-day basis †¢ Still required to demonstrate a duty of care, however may not equal to an executive director with professional qualifications Executive directors †¢ Occupying and hold an office as an executive in the company †¢ Will never be independent †¢ Can be paid on performance base Non-independent non-executive directors †¢ Should not been paid according to performance achieved Duties of directors (4.62) †¢ Avoid conflicts of interest and where these exist, ensure they are appropriately declared and, as required by law, otherwise managed correctly †¢ Act in the best interests of the corporation (the nominee director must always act in the best interests of the corporation and use their power only for proper purposes when making a decision on board to which they have been appointed as a director)   †¢ Retain discretionary powers and avoid delegating the director’s responsibility   Ã¢â‚¬ ¢ Exercise powers for proper purposes (act within their power; do not abuse their power)   Ã¢â‚¬ ¢ Act with care, skill, and diligence (the standard of care will be different for a director with professional qualifications and a non-executive director)   Ã¢â‚¬ ¢ Be informed about the corporation’s operations Committees of the board 3.19 Purpose: Enhance the effectiveness of the board, and particularly of non-executive directors. Enable the distribution of workload to allow a more detailed consideration to be given to important matters Provide an independent perspective in relation to issues which involve conflicts of interest It do not reduce the responsibility of the board as a whole and care needs to be taken to ensure that all concerned understand their functions The board of directors is still unlimitedly responsible for decisions made by subcommittees The delegation of duties enables examination of issues in greater detail and discussion of issues in the absence of management Requires written terms of reference for each subcommittee and procedures for reporting to the full board Except for certain situations where audit committees are compulsory, it is up to boards to determine whether to have the committees and, if so, which committees are established. Committee Key role(s) Membership Risk management Ensure certain risk is assessed, understood and appropriately managed OECD dose not make specific recommendations about committees Nomination Recommending the succession procedures within an organization Appropriate to include executive directors Majority of independent directors ( UK FRC CGC) Remuneration Deal with remuneration-especially for senior executives Preferable to not include executive directors For large companies, at least 3 independent non-executive directors (UK FRC VFV) Audit Financial reporting and audit matters Oversight of internal control Only non-executive directors, with majority being independent, independent chair, at least 3 members Only independent directors (Sarbanes-Oxley Act) For larger companies, at least 3 independent non-executive directors and at least one member with recent and relevant financial experience (UK FRC CGC) Reports on Corporate Governance Report Key focus Country Cadbury (1992) Best practice recommendations for board and committee structures â€Å"comply or explain†: if a company chose not to comply with a governance recommendation, the company had to identify the noncompliance and then explain it to shareholders UK Greenbury (1995) Directors’ remuneration Additional recommendations designed to enhance transparency in relation to directors’ remuneration UK Hampel (1998) Replaced the Cadbury and Greenbury work â€Å"supercode†, adopted into the listing rules on the London Stock Exchange UK Higgs (2003) Non-executives directors UK Smith (2003) Audit committee UK COSO 3.35 1994 Internal control: a process designed to provide resonable assurance regarding the achievement of objectives CalPERS (pension fund investor) Describe the type of governance it expects to see from companies US Sarbanes-Oxley Act (2002) Strengthened audit requirements, increased financial disclosures and requires mgmt certification of internal controls US  Hilmer (1993) Improving board governance to enhance company performance AUS Bosch (1995) Corporate Practices and Conduct, a report of the committee chaired by Henry Bosch AUS Ramsay (2001) Produced by a committee chaired by Ian Ramsay Examined the adequacy of Australian legislative and professional requirements regarding the independence of external auditors and made recommendations for changes Did not recommend a ban on the provision of non-audit services to audit clients. Instead, he recommened that the disclosure requirements be enhanced. AUS Harris (1997) 3.43 Four guiding principles that should be employed to achieve more effective governance by boards in the public sectors. AUS Uhrig (2003) 3.43 Considered the existing governance arrangements for statutory authorities finding a number of opportunities for improvement. The report also found a lack of effective governance for several of the authorities due to a range of factors.’ Lack of board experience and expertise, together with the potential for conflicts of interests, are impediments to good performance. Limited powers of the board to a statutory body when compared to the private sector. AUS Audit reform: Prohibit auditors to perform certain non-audit services Rotate of audit partners after 5 years Corporate Accountability Each company must establish an audit committee drawn from members of the board of directors. The members of the audit committee must be independent. CEOs and CFOs must certify that the financial reports filed with the SEC do not contain untrue statements or material omissions Financial disclosures and loans: Certain personal loans by a corporation to its executives are prohibited Annual reports filed with the SEC must state that mgmt is responsible for the internal control structure and procedures for financial reporting, and include mgmt’s assessment of the effectiveness of those internal control structures and procedures CalPERS An institutional investor which uses its considerable power as a provider of capital to force corporate governance improvements as it deems appropriate. Minimum standard to which markets throughout the workd should adhere in order to attract its funds. Public Sector Australia – 2003 ASX CGC Recommendations (revised in 2007 and 2010) â€Å"If not, why not† principle, and requires existence of audit committee in Australian top 500 listed companies. – 2004 Corporate Law Economic Reform Program (CLERP) 9 Key changes include audit reform and financial reporting. – ASX CGC Principles and Recommendations 2010 (â€Å"If not, why not† principle) In 2003 ASX produced a list of â€Å"best practice† principles and recommendations on corporate governance and updated them in 2007 (when the term â€Å"best practice† was removed from the title) and 2010. ASX CGC 2007 recommends audit, remuneration and nomination committees. These are therefore subject to the â€Å"if not why not† rule. Audit committee is mandatory for top 500 companies in Australia. For top 300 companies, composition of audit committee is also defined in mandatory terms – minimum 3 members, all non-executive directors, majority to be independent, and independent chair who is NOT Board Chair. Principle Key aspects Lay solid foundations for management and oversight Role and responsibilities of board and management should be established and disclosed Structure the board to add value Composition and size of board to discharge its responsibilities and duties Promote ethical and responsible decision-making Establishment of a code of conduct and diversity policy Safeguard integrity in financial reporting Audit committee to safeguard the integrity of financial reporting by the company Make timely and balanced disclosure Disclosure of all material matters affecting the company Respect the rights of shareholders Facilitate the effective exercise of shareholder rights Recognize and manage risks Risk oversight and management systems; internal controls Remunerate fairly and responsibly Level and composition of remuneration; link to performance 4) International – OECD Principles of Corporate Governance Feb 2010 OECD commentary noted the importance on issues of remuneration, risk management, board practices and exercise of shareholder rights, given the catastrophic performance observed from GFC. BRT 2010 Principles and the US practice are perhaps part of the reason for OECD’s lack of any imperative statements on the issue that chairman and CEO should not be the same person. International perspectives on corporate governance Market based system of governance Emphasises competition and market processes Relationship-based system of governance Emphasise cooperative relationship and consensus Most established: the US and the UK Have great influence on the rest of the world Historical strength of the US and UK capital markets Growth of their investment institutions Adopted by Australia and New Zealand Relies on the representation of interests on the board of directors Long-term large shareholders give the company a degree of protection from both the stockmarket and the threat of takeover Widespread equity ownership among individuals and institutional investors, with institutions often having large shareholdings Institutions including insurance companies, pension funds, and mutual funds. A supervisory board for the oversight of management, where banks play an active role, inter-corporate shareholdings are widespread and, often, companies haves close ties to political elites Shareholder interests as the primary focus of company law An emphasis on minority shareholder protection in securities law and regulation Insider groups monitor management that often acts under their control Stringent disclosure requirements Disclosure based market since numerous investors depend on access to reliable and adequate information flows to make informed investment decisions. The agency problem of the market-based system is much less of a problem in the relation-based control The role of the banks is less central Corporations often have arm’s length relations of equity markets Corporate finance in such countries is highly dependent upon banks, with companies having high debt to equity ratios Banks often have complex and long-standing relationships with corporations (can be debtors and shareholders at the same time) The market-based system assumes full disclosure of information, strict adherence to trading rules and a liquid stock market. The insider system is based on a deeper but more selective exchange of information among insiders It is hard for institutional investors to sell their shares when they are unhappy with the management or board, they become more engaged with companies they are investing in. US Market The board of directors is entrusted with an important responsibility – to monitor the company on behalf of shareholders. It is common for the chair of the board and the CEO to be the same person Committees: Purpose: to enhance the oversight function of boards and limit the powers of CEOs. Tasks: the remuneration of executive directors Nomination of new board members Key decisions in respect of auditing Many large investors closely monitor the corporate governance practices, however, in practice, shareholder in the US possesses limited power to appoint or remove directors Differences among European countries Company law is embedded in different and often unique political cultural and social traditions. Different groups of people have the right to elect the members of the supervisory board. Articulate the purpose of corporate governance in different ways. Laws and regulations relating ti the equitable treatment of shareholders including minority rights in takeovers and other transactions, vary significantly among countries. Different corporate board structures exist. Variations in disclosure requirements and the resulting differences in information provided to investors are a potential impediment to a single European equity market. Germany Relationship-based nature in which all interested stakeholders are able to monitor corporate performance France France and Italy are the European countries with the smallest ownership of company shares by financial institutions. The majority of shares traditionally have been owned by non-financial enterprises, which reflect and elaborate structure of cross and circular ownership. In France, half the firms are controlled by one single investor who owns the absolute majority of capital. Asian approaches of relationship-based systems Significant national differences in corporate governance policy and practice, and many countries are still engaged in a process of institutional development Government-controlled organisations: perform roles that are consistent with the broad social aims of the government, and their governance structure and processes reflect heavy government influence and control. Most companies in Asia either have a majority shareholder or a cohesive group of minority shareholders who act together to control the company. Companies with widely dispersed ownership are rare in Asia, therefore it is difficult to protect the rights of minority shareholders. The boards of directors of companies in Asia often serve a nominal and sometimes superficial role. Disclosure and transparency are often minimal, making it more difficult for regulatory authorities to take action. The lack of institutional shareholders and fund managers reduces the extent of external monitoring by powerful institutions. All countries concerned are committed to a reform of corporate governance due to the 1997 Asian financial crisis. Japan The formal legal features of the Japanese corporate governance system resemble those in most other advanced industrial countries (Corporate law in Japan was modelled on the German System). In Japan, the board plays a more strategic and decision-making role, and is drawn from the ranks of management who are employed by the company. Thus, in the West, the board members are outsiders representing the shareholders; in Japan, the board members are insiders leading management. As a result, the role of Japanese boards may be considered superficial both in supervising the executive management and in responsibility for the company. Problem: there is a tendency for the size of boards to grow as more managers need to be rewarded. Ownership structure: â€Å"keiretsus†: essentially sets of companies with interlocking business relationships and shareholdings. The major keiretsus are centred on one bank. Each bank has significant control over the companies in the keiretsus and acts as a monitoring entity and as an emergency bail-out entity. Advantage: minimise the incidence of hostile takeovers Disadvantage: corporate control being restricted Case studies of governance failure Enron Asset-lite companies: unencumbered by physical assets and heavily dependent on their intangible assets. SPEs: allow the main Enron business to apparently expand without incurring increasing on-balance sheet debt. HIH Failure: inadequate corporate governance checks and balances; lack of financial and managerial diligence and control; and a misconceived and complacent strategy Weaknesses apparent in different cases: The risk management systems have failed in many cases due to corporate governance procedures rather than the inadequacy of computer models alone. Boards had approved strategy but then did not establish suitable metrics to monitor its implementation. Company disclosures about foreseeable risk factors and about the systems in place for monitoring and managing risk have also left a lot to be desired. Accounting standards and regulatory requirements have also proved insufficient in some areas leading the relevant standard setters to undertake a review. Remuneration systems have in a number of cases not been closely related to the strategy and risk appetite of the company and its longer term interests. UK FRC CGC Section A: Leadership A.1.1 The board should meet sufficiently regularly to discharge its duties effectively. A.1.2 The annual report should identify the chairman, the deputy chairman, the chief executive, the senior independent director and the chairman and members of the board committees. A.2.1 operationalises the A.2 principles by stating that the CEO and chair should not be the same person. Main principles application: comply or explain Section B: Effectiveness B.1.2 Except for smaller companies, at least half the board, excluding the chairman, should comprise non-executive directors determined by the board to be independent. A smaller company should have at least two independent non-executive directors. B.2.1 states that there should be a nomination committee which should lead the process for board appointments and make recommendations to the board. This committee should have a majority of independent directors, and it apparent that executive directors may be on this committee. The committee should be chaired by an independent director or the board Chair. B.2.3 identifies that non-executive directors should be considered carefully after they have completed six years’ service on the board. B.3 Directors should be able to spend enough time to do the job properly and that appointment procedures should identify the expected commitment. B.4 Directors are appropriately informed upon joining the board through a proper induction program and by provision of appropriate ongoing training. B.5 Directors who make decisions without adequate information are in breach of their duties. (Company Secretary and the Chair, as well as all directors) B.6 The board is responsible fro evaluating its own performance and the performance of the comm ittees. B.7 Controversially, regular re-election to the board for all directors should, in large companies, be conducted as frequently as annually according to B.7.1 Section C: Accountability C.1 The board should present a balanced and understandable assessment of the company’s position and prospects. C.2 The board must select and define the â€Å"risk appetite† of the company, and it must plan strategies and operations accordingly. C.3.1 An audit committee should be formed and that its membership should meet the requirements. 1. members should be independent no-executive directors 2. for smaller companies, there should be at least two and, for larger companies, at least three, independent directors on the audit committee. 3. in smaller companies, the board chair may be on the audit committee but may not chair the committee. 4. At least one member of the audit committee should have recent and relevant financial experience. C.3.2 The main role and responsibilities of the audit committee should be set our in written terms of reference. C.3.4 Audit committee is the means by which â€Å"whistleblowing† is correctly managed – although the term is no t used in the code C.3.5 The audit committee should ensure appropriate decisions are made about internal audit functions. Section D: Remuneration D.1 Remuneration should be sufficient to attract the right people to be directors but should not be excessive. Recommendations regarding the remuneration directors, and especially the performance-related remuneration of executive directors, is key work to be undertaken by the remuneration committee. D.1.4 Remuneration committee should carefully consider remuneration commitments related to early termination and poor performance. D.2.1 The board should establish a remuneration committee comprised of independent non-executive directors. Must comprised of at least two persons fro smaller companies and at least three for larger companies. D.2.4 Shareholders should be invited to approve new executive incentive schemes and changes to existing schemes D.2.3 Non-executive remuneration should be determined by the board or by the shareholders. If permitted by the company constitution, the board may delegate this work to a committee which might include the CEO. Section E: Relations with shareholders E.1 Dialogue should lead to mutual understanding of objectives. E.2 Boards need to make sure that all shareholders are informaed about annual general meetings and have proper information and the proper opportunity to vote. M 4 Shareholder concept The principal focus of our discussion in this module is on the Anglo-American derivative duties approach to stakeholders. Competitors are treated as stakeholders, stakeholders can also be environment. Agency theory and delegated powers Agency relationship: a contract under which one or more persons engage another person to perform some service on their behalf which involves delegating some decision making authority to the agent. If both parties to the relationship are utility maximisers, there is good reason to believe that the agent will not always act in the best interest of the principal. Assumptions underlying agency theory: All individuals will act in their own self-interest. With potential conflict of interest between the principal and the agent, the agent will tend to act first in ways that will maximise their own personal circumstances Agents are in a position that allows them to further their own interests including at the expense of the principals, as a result of the decision-making power they have been granted and the fact that agents have better access to and control of the information. Delegation Delegation is available unless the corporation’s constitution provides otherwise. It is common practice for boards to delegate day-to-day operational powers to the CEO but not extensive strategic decision-making powers. Agency theory costs Residual loss: any loss or cost or under-performance arising from theses decisions or actions by the agent, represents a residual loss of value to the principals. Overconsumption of ‘perks’ (perquisites or perks are incidental benefits gained in addition to income) Def: the use of such benefits in ways that exceeds expected levels. Effect: reduce both profitability and cash flow available for distribution to shareholders. Empire building Def: acts by management to increase their power and influence in a company for reasons associated with personal satisfaction, including, but not limited to, large financial rewards for having a â€Å"bigger job†. Effect: such personal aggrandisement may have little or no congruence with company profitability or success. Risk avoidance Def: minimise the downside risk that may affect their continued employment. Effect: the organisation may therefore underachieve, with higher returns forgone, representing a loss of value to the shareholders. Differing time  horizons Any management approach that is inconsistent with shareholders’ interest will demonstrate a lack of interest alignment or goal congruence. It can be caused by managers’ self-interest (only current year performance or performance during fix duration), or misunderstand between shareholders and managers. Monitoring Costs Incurred by principals. Compulsory: annual reporting and external auditing Discretionary: construct and analyse activities according to a strategic or Balanced Scorecard Bonding Costs Fully borne by the agent, not the principal. Many costs may be conceptual rather than dollar costs. Restrictions on freedoms are bonding costs borne by agents. Remuneration issues Both payment for work undertaken and for additional rewards that, in agency relationship, ideally will relate to identified superior performance that recognises and encourages goal-congruent behaviour by the agent. Non-executive directors Should not be paid according to performance achieved. Executive directors: Key focus of the non-executive directors who form the remuneration committee New regulation came into place after the Global financial crisis to ensure that remuneration committees should not have executives as members. Has an important role in ensuring that agents are correctly remunerated for their performance and to motivate them to achieve goal congruence. Remuneration structure should not be designed so that self-seeking executives could damage corporations Executives should receive performance payments that are carefully structured. Disclosure and transparency Employees and Consumers New Australian Consumer Law protections against â€Å"misleading potential employees. Whistleblower laws and rules that are becoming very important internationally Laws that prevent legal and other damage to employees (and others) who appropriately del with suspicions of wrongdoing inside organizations Precise rules must be followed if protection is to apply to the whistleblowers. In Aus, the Corporations Act protects an employee if: They report to the right (listed) people only; They are not anonymous; and They are not acting maliciously. Consumers and customers Unconscionable Conduct Protect customers and business consumers where powerful parties to a contract use that power in ways that are sufficiently unfair as to be recognized as unconscionable. Parol evidence: additional words between the parties could not change the clear meaning of a written and signed contract. Dowsett v. Reid (1925) 15 CLR 695: the parol evidence should not apply because of the overall unfairness in the case. Commercial Bank of Australia v. Amadio (1983) : Relief on the ground of unconscionable conduct will be granted when unconscientiously advantage is taken of an innocent party whose will is overborne so that it is not independent and voluntary, just as it will also be granted when such advantage is taken of an innocent party who though not deprived of an independent and voluntary will, is unable to make a worthwhile judgment as to what is in his best interests. Tests for unconscionable conduct: Bargaining power Were the conditions imposed on the consumer reasonably necessary to protect the legitimate interests of the corporation? Was the consumer able to understand any of the documents used? Was any undue influence or pressure exerted on, or were any unfair tactics used against, the consumer? Was the amount paid for the goods or services higher, or were the circumstances under which they could be acquired more onerous, when compared to the terms offered by other suppliers? Where a person uses inside information for their own or a related party’s benefit and/or discloses inside information to somebody whom they ought to have foreseen may use the information inappropriately. Identifying whether the information has been disclosed in such a way that it is available to investors in relevant market Identifying whether a person who understands markets would buy or sell a security were they to know that information. A person who possesses inside information must not use it or disclose it, as such use or disclosure is what actually comprises insider trading. Competition and protecting markets for goods and services Mergers and acquisition In many jurisdictions, regulations are in place that prohibit or limit mergers and acquisitions unless they are formally approved. Abuse of Market power The prohibition on misuse of market power is aimed at preventing powerful entities from taking advantage of that market power for the purpose of disadvantaging weaker org Main principle: Market power Misuse of that power (used that power to eliminate a competitor or prevent a competitor from entering or properly competing in the market). E.g.: predatory pricing, the supply of goods or services below cost over a period of time. It is prohibited because the likely real ambition is for the company to eliminate competitors who cannot sustain the ongoing losses of selling below cost. ACCC Agreements between competitors – Cartel Conduct Tests: 1. Has there been a contract, agreement or understanding 2. Has this occurred b/t competitors 3. Is the arrangement for the purpose of collusion Competitor collusion has a specific term: cartel, which including: Output restrictions Apply restrictions on output what will cause shortages in markets and thus result in price rises Allocating customers, suppliers or territories Dividing up markets, customers or regions b/t competitors Bid-rigging Competitors who are asked to tender or bid for work collude Price-fixing Competitors collude to create common prices (parallel conduct and price-following are legal) Midland Brick case 4.36 Both company and a seinor manager are order to pay civil penalties .International airline pricing cartel Unilateral restrictions on supply (exclusive dealing) A single corporation decides to deal only with certain customers or geographic regions. This type of conduct is generally permitted, but prohibitions may exist if it is shown to lessen competition substantially. 3 characteristics that applied: It is not cartel conduct. The unilateral refusal to deal will be unlawful if there is a â€Å"substantial lessening of competition in a market†. Third-line forcing: a supplier forces a customer to also purchase another item from a third-party. Case: Ku-ring0gai Cooperative building society ltd (1978) 36 FLR An attempt by a building society to force a would-be borrower to take out mortgage insurance with a nominated insurer was in breach of the law. Resale price maintenance A supplier stipulates that the goods it provides must only be resold at or above a certain minimum price. Two tests: Has the supplier specified a minimum price? Has the supplier taken action or attempted to enforce this minimum price? If a reseller sell the product below cost, it is legal for supplier to withhold supply in order to prevent the reseller from ‘losing leading’ with a supplier’s products. Proof, penalties and redress – Criminal and civil Criminal penalties v Civil penalties Criminal cases are always carried out by agencies of the state and never by individuals or corporations. Any aggrieved party can bring an action for a civil case.  For civil case, the standard applied is a proof based on the balance of probabilities rather than proof beyond reasonable doubt as in criminal cases Neither parties will be punished by jail or fines in a civil case, as these apply only in criminal cases. The court may award damages to the injured party may apply injections and make other orders such as rescission of contracts in civil cases. Even third party dropped the case, ACCC can still proceed against wrongdoers on civil or criminal grounds. Redress and penalties for anti-competitive breaches Redress is the ways in which wrongdoers can be required to correct the harm they have caused. Penalties are different from remedies as they are meant to punish a wrongdoer, thus, penalties goes beyond simply redressing wrongs. In Aus, criminal breach of cartel provisions may lead to individuals being fined hundreds of thousands of dollars, and up to 10 years’ jail. Fines for corporations can be as high as $10 million. M5 CSR REPORT Why choose to provide specific information about CSR-related information (Voluntary process) Ethically motivation (Accountability-based) †¢ Organization owns an accountability to various stakeholders †¢ Driven by concerns that stakeholders’ rights to know are being fulfilled Enlightened self-interest (managerial-based) †¢ Economically focused motive to use social and environmental reporting to protect or enhance shareholder value The reason an entity choose to report will in turn inform the decision as to whom it will be directed Will seek to address the information needs of a wider range of stakeholders who might be most impacted by the operations of the entity The target recipients of reports will in turn inform what information will be disclosed and what issue the social and environmental reporting should report †¢ Information to demonstrate accountability for those aspects of the operations for which they are deemed to be accountable, such disclosures would arguably be more objective †¢ Normative theory: prescriptions or shoulds, ideals †¢ Such disclosures will lead to community support and potentially positive financial implications †¢ Stakeholders who are regarded as more important or with more influence will attract additional effort and attention from managers (reporting information to inform the powerful stakeholders) (details in 5.23) Limitations of traditional financial reporting Australia’s current conceptual framework (AASB framework for the preparation and presentation of financial statements) Embrace a shareholder primacy perspective with a narrow notion of accountability The practice of discounting future cash flows Encourage us to shift problems of an environmental nature onto future generations. If we discount future obligations, then, in the current period, they may not be considered to be material Definition of the elements of FR Asset (must be controlled by the entity) The usage of assets which are not controlled by the entity will not be recognized as expenses (usage of public goods which are not exchanged in market transactions) Expenses Based on the definition of asset, use of clean air and water will not be recognized as expenses unless fines are imposed. Examples: Retrenchments in response to the global financial crisis (did not count the expenses of people who lose their jobs) Reserve Bank of Australia increase the interest rate in 2010 to increase profit (did not count the plight of those people who lose their homes) Just-in-time approach Increase the traffic congestion, and pollution Results: Environmental cost is borne by the community. Provides a disincentive for investment in clean technologies. Issues of reliable measurement and probability Environmental cost can not been measure as normal liability since because of the probability issue Many companies used the issue of â€Å"measurability† in number of situations as a rationale for non-disclosure, for provisions. Thus, the related parties would not know the true extent of the organisations’ environment-related obligations. The entity assumption Require the entity to be treated as an entity distinct from its owners, other org and other stakeholders. Externalities caused by reporting entities will typically be ignored Performance measures are incomplete from a broader societal perspective. Key point of import reports (Module 5) Legitimacy Theory (BHP WESTPAC) An organization will take action to manage community perceptions in order to  survive Try and convince stakeholders that it is acting with an acceptable level of ethical and moral conviction whilst pursuing its main objective Legitimacy itself is considered to be a resource on which an org is dependent for survival The theory relies on the notion that there is a social contract b/t the org and the society in which it operates Org must appear to consider the rights of the public at large, not merely those of its investors Legitimacy is assumed to be influenced by community perceptions (which can be influenced by disclosures of information), and not simply by (undisclosed) changes in corporate actions Org will be penalized if they do not operate in a manner consistent with community expectations Meeting the expectations of the community can protect or enhance profitability CSR report could be a central strategy to maintaining corporate legitimacy BCA report about the regulation of CSR report In favor of no regulation needed for CSR report All drivers analysis by the BCA are tied to maximizing the value of business The motivation are tied to managerial reasoning rather than border ethical considerations’ Suggest freely operating markets will lead to the resolution of many existing social and environmental problems PJCCFS 2006 the final report regarding the CSR in 2006 Adopted the same position as that promoted by BCA In favor of not supporting the introduction of legislation With an interpretation of current legislation, the enlightened self-interest is the best way forward for Australian corporations The Brundtland Report Empirical evidence consistent with legitimacy theory Patten (1992 if the Alaskan oil spill resulted in a threat to the legitimacy of the petroleum industry, and not just Exxon’s, then legitimacy theory would suggest that companies operating within that industry would respond by increasing the amount of environmental disclosures by the petroleum  companies for the post 1989 periods, consistent with a legitimization perspective. This disclosure reaction actually took place across the oil industry Deegan and Rankin (1996) Australia study Public disclosure of proven environmental prosecutions has an impact on the disclosure policies of the firms involved Deegan, Rankin & Tobin (2002) Positive correlations b/t negative media attention for certain social and environmental issues and the volume of disclosures on these issues Islam and Deegan (2010) For industry-related social and environmental issues attracting the greatest amount of negative media attention, corporations react by providing positive social and environmental disclosures Current regulations for CSR Reporting National Greenhouse and Energy Reporting Act 2007 (NGER Act) Who are regulated: Ultimate Australian holding company of a corporate group is required to apply if its exceeds one or more of the four thresholds (5.42) What need to be reported: Greenhouse gas emissions Energy production Energy consumption Other info specified under NGER legislation Requirements embodied within the Corporations Act and accounting standards S 299(1)(f) of the Corporations Act Requires that in the directors’ report, which must be included in the annual report, directors must give details of the entity’s performance in relation to environmental regulations â€Å"if the entity’s operations are subject to any particular and significant environmental regulation under a law of the Commonwealth or of a State or Territory† S 299 A of the Corporations Act Listed companies are required to include in the director’s report any information that shareholders would reasonably required. (operations, financial position, and business strategies and prospects for future financial years) However, no specific requirement to disclose financial  impacts. Obligations relating to environmental performance could be considered to be included in either â€Å"provisions† or â€Å"contingent liabilities†, depending on the circumstances. However, many entities choose not to disclose such information due to the probability and reliable measurement issues. Contamination to land caused by the construction of particular plant shall be included as part of the total cost of the property, plant and equipment, with an equivalent amount being included in the liability provisions of the entity National Pollutant Inventory Designed to generate political and economic incentives for industry to move towards cleaner productions Requires industrial facilities operating in Australia to estimate emissions of 93 substances exceeding a specified threshold amount Energy Efficiency Opportunities Act 2006 Encourages large energy-using businesses to improve their energy efficiency by requiring business to identify, evaluate and report publicly on cost-effective energy savings opp