A Four Seasons Case Study The Ultimate Test for Isadore Sharps Recession Essay Example

A Four Seasons Case Study: The Ultimate Test for Isadore Sharps Recession Paper In early May 2009, Isadore Sharp released a much awaited book about his business brainchild. The founder and CEO of Four Seasons Hotels and Resorts, a company he spent nearly five decades building out of a motor lodge in Toronto, Sharp shares the secrets to his astounding rise in the most unpredictable of industries. ‘Four Seasons: the Story of a Business Philosophy’ ends as the company and the lodging industry enter a crucial period of existence, with the dawn of an unprecedented economic downturn on a global scale. Having given numerous interviews on creating one of the most recognised and respectable brands in the industry, Sharp now has to answer questions on the feasibility of the company’s business model in the current economic situation. Four Seasons has been through a number of recessions in the past, having survived and even prospered on two instances, most significantly during the slump post-9/11. However, Sharp acknowledges that the extent of the latest slump is the most extreme, and definitely worth worrying. He has done a reasonable job in keeping promises of not cutting down on hotel amenities, reducing services, or laying off members of staff at any of its properties. But the company has had to cut back almost 10% of its 400 odd employees at the Toronto headquarters. A further reduction was carried out at one of its premier hotels when a total of 323 employees at the Four Seasons Park Lane, London were made redundant prior to the hotel’s closure for an 18 month refurbishment, starting September 2008. We will write a custom essay sample on A Four Seasons Case Study: The Ultimate Test for Isadore Sharps Recession specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on A Four Seasons Case Study: The Ultimate Test for Isadore Sharps Recession specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on A Four Seasons Case Study: The Ultimate Test for Isadore Sharps Recession specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Nonetheless, in true Four Seasons style, a third of the employees were absorbed in other hotels in the group, and for the rest the company organised a massively successful job fair which had 52 employers attending and recruiting. Consequently, such measures have resulted in minimal reductions in its famously high prices, at a time when the rest of the industry is competing on slashing prices to stay in business. According to Sharp, ‘exceptional guest experiences’ are a fundamental part of the business, irrespective of the economic situation. It is worth noting that even though the company’s business philosophy lays considerable emphasis on creating shareholder wealth, it is sometimes overshadowed by the duty to act responsibly towards its customers and employees. Sharp personally takes immense pride in the fact that Four Seasons is one of only 13 companies that have featured on Fortune ‘100 Best Companies to Work For’ ratings every year since its inception in 1998 and has consistently been the highest ranked hotel company on this list. In 2006, Four Seasons became one of only five companies worldwide to receive Great Place to Work ® Respect Award from the Great Place to Work Institute, recognising the company’s pioneering work in creating a comprehensive management process which requires newly hired managers to initially perform duties of employees reporting to him/her in order to understand and respect each position. Speaking of maximising wealth, David Segal, writing for The New York Times takes an interesting view on the situation of hotel owners that work together with Four Seasons. He talks about the company’s reluctance to let hotel owners cut costs on any aspect of operations, starting from the number of fresh flowers bought everyday to the thread count of bed sheets. For hotel owners, who still have to maintain these lofty standards and continue paying management fees and a percentage of gross income, the pressures might be getting too high. (http://www. nytimes. com) Such increasing pressures of the economic slowdown added to the policies of Four Seasons have led to some hotel owners voicing their displeasure publicly. On March 27, 2009, representatives of Broadreach Capital Partners , owners of Four Seasons Resort Aviara seized accounting ledgers and changed security locks during their feud with Four Seasons. Broadreach then proceeded to take legal action towards terminating its contractual agreement with the company. Broadreach may have been pushed to a corner by Four Seasons, and therefore have had to react drastically, but Hushmand Sohaili, a lawyer for another Four Seasons hotel owner, probably puts the situation in perspective. Speaking about Four Seasons and its powers in terms of contractual agreements with hotel owners he says, â€Å"They manage all aspects of operations and that gives them significant leverage, if they choose it†¦.. They make it clear that it is in your best interest to not oppose their plans. † Another instance of the adverse effect of the economic downturn has been felt at the Four Seasons Hotel, San Francisco. Millennium Partners , the hotel’s owners, have defaulted in the payment of their two-year old $90-million CMBS loan. Though this was done intentionally, to convince the lenders for restructuring of the debt and make use of more convenient payment solutions, it is worth noting that with decreasing property prices, the value of the San Francisco hotel was lower than its total debt. (http://trendsupdate. com) In 2007, Isadore Sharp sold all but 5% of Four Seasons’ shares to two investors he thought had the right mindset and would believe in the way the company was being managed in his hands. Microsoft chairman, Bill Gates and Prince Al-Waleed bin Talal, the nephew of the king of Saudi Arabia bought the company for an astounding US$3. 8 billion. The prince reiterated his commitment to the company and his faith in Sharp’s abilities at the helm when, during the height of the recession he said, â€Å"We’re doing it for profit. But we have to face reality. The world is in a recession. But it will be over in a year or two. † Sharp uses his massive experience of handling Four Seasons during economic recessions, having done so very successfully in the past using his unique and unusual techniques of management. For instance during a downturn in 1981, luxury was suddenly out of fashion for organisations, and managers and executives who had been staying at luxury hotels were regularly being booked into mid-scale properties. According to Sharp, the â€Å"reliable, time-saving service† offered by the Four Seasons made people return hastily. Further awards came their way when in 2006 the company was included in the 30th-anniversary issue of the Robb Report , which celebrated the most exclusive brands of all time. The company was named alongside 19 other brands such as Ferrari, Rolls-Royce, Cartier, Armani and Chateau Lafite Rothschild as Icons and Innovators Who Define Excellence. (For complete list see Appendix A) During lacklustre periods of business, employees were willing to take pay cuts and work lesser hours and the company had an incredible history of never having to resort to cutting jobs. Sharp even raised financial budgets for advertisements during such phases in an effort to remind people of ‘the Four Seasons quality’ and instead of looking to reduce costs, the company invested heavily in renovating and upgrading its hotels. Key Plantes, an MIT educated economist and business strategy consultant, looks at this particular recession as being different from previous such instances, notably the dip after September 11, 2001 attacks in New York City. Her concern for Four Seasons stems from the fact that businesses may be reverting to the trend of the 1960’s when basic cleanliness was the only major requirement in hotel rooms. She proceeds to ask questions regarding permanently changing customer needs, such as reducing travel expenditure and opting for value over prestige. On the other hand, she also speculates that increasing work pressures could lead people to indulge in mini breaks at luxurious getaways as a stress buster. (http://www. plantescompany. com) Plantes suggests interesting pointers that could potentially enhance Four Seasons’ business during the downturn. She is highly appreciative of the company’s refusal to cut back on employees but suggests that the management should expect and prepare for a permanently reduced demand at its highest priced properties. She also predicts that some hotels in the pipeline might be more successful by reducing the number of rooms and only offering facilities such as in-room dining instead of separate dining rooms, without compromising on quality. In an article for the Wall Street Journal’s hospitality column, author Laura Landro notes that Isadore Sharp is different from most hotel company bosses who believe that housekeepers, bell boys, porters and clerks, often the lowest paid staff are the most dispensable. At Four Seasons they have always been the most important people in the organisation since they can â€Å"make or break the five-star reputation†. Sharp has single-handedly disproved the credibility of the traditional top-down management theory and empowered front line staff members with the ability to take decisions, solve problems and remedy failures on the spot. Sharp also admits that he has had to spend many years picking and choosing managers who are in sync with his business philosophy and do not look at front line workforce as just an extra cost. He often sends out reminders to managers telling them â€Å"to keep their egos in check and let the people who work for you shine. Four Seasons properties are renowned for being built with the local environment and designs in mind. Unlike overtly opulent luxury hotel chains like the Ritz-Carlton, Four Seasons blends with the surrounding culture and its properties are often considered an important part of the community. Plantes suggests that sourcing local ingredients and initiating a culture similar to the Slow Food movement in certain areas would help in increased affection an d loyalty towards the brand, especially during tough times. The Four Seasons brand is also synonymous with exceptional quality in bedding and bath products in their hotel rooms. The company could explore selling these products in high end home design chains and luxury supermarkets, enabling consumers to have a Four Seasons experience at their homes. Warren Bennis, professor of Business at University of Southern California speaking of Mr Sharp and the Four Seasons says that their inception and consequent success is â€Å"not just another rags-to-riches story†. He goes on to state that Mr Sharp’s leadership is about three essentials – trust, integrity and optimism and that his success is attributed to an uncompromising stance on his values and principles at all times. As Chip Conley, Founder and CEO of Joie de Vivre Hospitality , contrasts the concepts of Sharp’s book to those written about falling prices in the digital marketplace by Chris Anderson in his book Free – The Future of a Radical Price. Conley’s article focuses on the emergence of travel websites such as Expedia and Priceline which has led to room rates dropping to new lows. In the past year itself, room rates of high end luxury chains have decreased by 25% due to a far more efficient digital marketplace. (http://www. huffingtonpost. com) Conley started out in the hospitality industry with a motor lodge similar to Sharp, and has now built a chain that currently boasts 38 hotels. He writes in the article that he tends to understand Sharp’s mindset of not allowing the Four Seasons brand to follow a â€Å"commoditised† approach to the business. Conley’s concern is whether Isadore Sharp is willing to learn and adapt to a radically changing marketplace. Placing himself in the position of hotel owners under contractual agreements with Four Seasons, Conley admits that even he would be inclined to raising objections if his hotel was to lose millions of dollars every month trying to keep up with the management company’s service standards, refusals to cut costs and priorities of preserving reputation over running a sustainable business. Predictably the owners of The Island Hotel Newport Beach (formerly the Four Seasons Hotel Newport Beach) decided not to renew their contract with Four Seasons, citing that there was too much effort in creating great customer and employee experiences and it had a negative impact on profits. Recently though, Four Seasons seems to be succumbing to the increasing pressures of the downturn in certain quarters of the business. Isadore Sharp has authorised an unprecedented ‘third night free’ offer for guests which, in a way, is a reduction on its usually undiscountable room rates. The company has also been offering packages at lower than normal rates, a concept that was previously untouched within the chain. Third party travel websites and loyalty programme memberships (such as the American Express Fine Hotels and Resorts ) have also been able to offer the same Four Seasons rooms at cheaper rates than the ones quoted on the company’s official website. In an interview with Sheridan Prasso, contributor to Fortune magazine, Sharp seems quietly confident that having seen his company through a number of economic downturns in the past, Four Seasons will eventually come out of this one without any permanent damage to its identity. Having sold a major stake in the company to two people he feels are patient investors, Sharp believes that there is no pressure to bounce back immediately, or return enormous profits during tough times. He accepts that growth and development will be slower than predicted, and some new projects might not go ahead as previously planned, if at all they do, due to weak financing. But he strongly believes that projects that can see through the tough times and are ready for launch when the recession is over, will enjoy good times ahead. In his book, Sharp repeatedly focuses on the rather quaint sounding company doctrine of following the Golden Rule which is to treat others as you would want to be treated. His firm ideology has a profound impact on employees at headquarters and throughout Four Seasons properties around the world.

How to Write a Capturing Introduction for a Literary Analysis Paper

How to Write a Capturing Introduction for a Literary Analysis Paper How to Write a Capturing Introduction for a Literary Analysis Paper If you are writing a literary analysis essay it is very important that you find a way to grab your reader’s attention right from the beginning. You want to draw a reader in so that they are eager to find out what you have to say about a particular literary piece. You also want to make sure that your opening paragraph is: well-organized; gives your reader a clear indication of what your thesis or idea is; written in such a way that there is a logical progression of ideas from one sentence to the next. You may be asking yourself how you can fit all of these things into one paragraph without making it â€Å"stuffed†. Here are some tips that you can use to help you. Keep in Mind What You Are Writing and What You Are Writing about This sounds easy but it is one rule that many essayists tend to forget about. You want to keep in mind that a literary analysis paper is specifically designed to look at a particular piece of writing. Your goal, as an author, is to come up with a definitive idea regarding a piece of literature and express that idea or conclusion to your reader. It doesn’t have to be boring, and it doesn’t have to be rigid or inflexible but it does have to have a specific idea or thesis and utilize examples and information from the piece itself to support your arguments. You also need to keep the tone professional rather than conversational. An essay is more of a formal style of writing and the language you use should reflect that. Once you have figured out what you want to write about, it is time to write your opening paragraph. Remember That Your Opening Line Must Be the Most Critical Your opening line is perhaps the most critical part of your essay because it is what makes your reader want to continue. Think about it like a headline for a news article. Some headlines and opening lines immediately make you want to read more. They build excitement for the reader. Others may be more passive or less entertaining. You want to be sure that when you write, your opening sentence falls into the first category. To achieve this goal, you may want to use one of the following opening variants: A passage from the piece you are writing about; A relevant quote from someone famous. This can either be directly related to the piece or illustrate your thesis about the piece; A question that may provoke thought or emotion in your reader. From there you can continue and outline what your thesis is. Keep in mind that the arguments you will be making to illustrate your point will come later in the essay itself and do not need to be mentioned in the opening paragraph. If you structure it properly you may find that your opening paragraph flows well and feels neither rushed nor overloaded. Avoid Unnecessary Words and Phrases Of course, it is important to know what not to do when writing your essay’s opening paragraph. This is the time when language is especially important. A good opening paragraph will have language that is very precise and which can create a clear impression of what you are trying to say. Therefore, you must avoid the number of unnecessary words that do not support or illustrate your point and that may cause vague impression in the reader. It is also important to place your thesis statement in the proper position in your opening paragraph. Placing it at the end of the introductory paragraph will help ensure that your reader recognizes it for what it is: the central, unifying idea that will pull your custom written essay  together.

MOD 4 CA FIN 301 Essay Example | Topics and Well Written Essays - 500 words

MOD 4 CA FIN 301 - Essay Example It provides results that are simple to comprehend. This is a very useful method for comparing projects of the same size mostly least cost situations. NPV enables the comparison of various rates of interest and also helps analyses what the earning would be if another project were taken up (Weston and Copeland, 1988). The main drawback in this method is that it does not take into account the profitability of a project. This is accomplished by computing profitability index (PI) for the projects and taking the decision accordingly. Hence it is essential that both NPV and PI are computed in order to be able to arrive at a profitable and most rational decision (Burke and Wilks). Internal rate of return on the other hand can be used to assess risk in all projects and it has an intuitive appeal. This method basis its calculations on the cash flows rather than on earnings. However it is not possible to have an accurate solution using this method since one project can have more than one IRR, with very extensive and complicated calculation

Octavan Construction Inc Case Study Example | Topics and Well Written Essays - 750 words

Octavan Construction Inc - Case Study Example Octavans reporting policies are pretty acceptable and would be beneficial to the company in the long term so the only suggestion to make here is that they should stick with these policies even if they are trouble some at the beginning The working capital and the debt to equity ratio has been on the decline which shows that that company is not doing so good on the assets front, the debt to equity ratio has declined and that is not a good sign because the value of the assets has been on the decline and liabilities have grown considerably which is not a good sign for any company, even creditors such as Broadmoor County Bank have started to believe that the company is in trouble and are trying to secure there loans against securities that were not deemed necessary before. Since the company has changed its depreciation method the company will now experience a total change in the depreciation expense and accumulated depreciation, which would definitely have a good effect on the assets beca use the current method which was employed by the company was depreciating the assets too quickly and was unrealistic for the company to use and hence it is a good move to change the depreciation method of the company and this will reap positive out come for the company. The second change that is being implemented by the company is that they have changed the method of long term billing from absolute method to the percentage-of-completed project which initially increases costs but in the long term would help the company build on steadily because there would be a better matching of the costs and revenues which would lead to a better financial report in the bigger picture. Ans 2. Octavans reporting policies are pretty acceptable and would be beneficial to the company in the long term so the only suggestion to make here is that they should stick with these policies even if they are trouble some at the beginning because they would definitely lead to an improvement in the company's financial books. The company shouldn't have placed as collateral its current assets because these assets are the blood line of the company and since octavan is already facing a declining working capital and a debt to equity ratio it is not advisable that this step be taken. Ans 3, The Company has changed the depreciation method due to the non effectiveness of the previous (MACRS) method due to which the company had to face considerable reporting problems but now the company has switched to a more effective and a reporting friendly method, known as the double depreciation method. For long term contracts the company will now be using the percentage-of-completed work to match the expenses and revenues in a better manner. American Physical and Social Programs For Children Inc. Ans1. The implications of such a policy are very clear, because the operations of the company are focused primarily on children activities and as the case points out that the major business period for the company was from September to June it is a good policy to have a June 30th as the end of all financial activities because by then the company would have had completed one major cycle on the business front, plus all the major expenses and liabilities have been realized by that period and the company knows what exactly is expected of it since the major part of its revenue has been earned during that period it can easily match the expenses against the revenues using the matching principle, it is also an excellent policy to do so because companies need to make their financial statement when they consider they would come out the best and given the circumstances that the company operates in it has clearly realized what the best period for preparing financial statements is. Also, using Jun e the 30th as the basis for making the financial reports gives the advantage of having a summer camp during the summer vacations, but more importantly this gives them the time to incorporate the revenues of the summer into the financial books because people have to pay in advance (march) for the summer camp and this is an added advantage of havi

Henry Fayols Legacy And Contribution To The Management Science Assignment

Henry Fayols Legacy And Contribution To The Management Science - Assignment Example He therefore developed management ideas through personal experience as Chief Executive, and wrote ‘elements’ of administration in â€Å"Administration Industriele et Generale†, which was published in 1961 (Wren & Bedeian 2009). Abilities that he felt were essential in a manager include physical, mental and moral qualities, general education, and specialized knowledge and experience (Wren & Bedeian, ). The absence of management training in schools made Fayol see the need for management theory and identified fourteen principles of management (Fayol). He was a French management theorist. He was one of the most influential contributors to modern concepts of management, having formulated five primary functions of management- planning, organizing, commanding, coordinating and controlling ( Fayol). Henri Fayol is generally referred to as the Father of Modern Management theory (George, 146),in view of his extraordinary and revolutionary input to administrative management. Indeed, he is to administrative management while what Taylor is to scientific management. He later died in 1925 in Paris France. History of management science The management historians trace back the early origin of management and their pioneer ideas, which is the foundation of our modern formative thinking, its founders as well as well their contributions in the field d of management. As noted by early scholars such as McMahon and Carr (28), there is an increasing distance between the student and scholars of today and early scholars such as Henry Fayol among others. Through a critical examination of early biographies and early accounts, the relationship between the early and today’s management thought is established. In this case, we may gain a more complete understanding of own intellectual, reflections, and study of those of who have gone before and continue to study from the past as it forms the present (Bedeian) One such scholar is a Henry Fayol, who is thought as being the father of modern management science. As noted in Charles de Freminville, a synopsis of Fayol’s and Taylor’s thinking is explored. In this paper the modern management science is examined and its contribution to the modern field of management. It studies some of his theories, procedures, tools and techniques and it affect the modern management thought amongst scholars and student of management. His legacy and thoughts are unearthed to bring to light the dynamics of management and how the present scholars have been refined or been altered it. There is need to distinguish between management science and arts and note the difference and this influences the managers’ roles. As noted, the management as art is older as compared to the management as a science. Henry Fayol’s contribution to the body of management thought will be explored. Literature review: what other have said about Fayol Many models have explained the Henry Fayol and his contributions to the field of management. One such theory is the influence of Fayol’s work on other scholars in the fields of management. Gullick ( 13; 457) have a great impact on public administration. Gullick also found the acronym POSDCORB best to describe the executive’s job. Urwick utilized Fayol’s writings to promote a functional approach to management in developing his theory of administration and organization. The writings of Fayol have reached the international arena and pointed

Life decisions and moral dilemmas

Life decisions and moral dilemmas Introduction: This assignment illuminates the use of ethical decision making model in taking decisions while managing patients in their best interest. Ethical decision making is very challenging for the health care professionals while working for the benefits and the interests of the patients. While caring for the dying or the terminally ill patients, health care providers address various issues of pain and suffering in relation to the psychological, spiritual, mental and physical complexities of the person having the terminal illness. The ethical decision making models act as guide to make decisions in different complex situations addressing various issues which includes ethical principles, persons own values and beliefs, institutional policies, legal considerations and social values Nurses can improve results of ethical decisions by: †¢ preferring client wishes. †¢ encouraging the importance of ethical issues in care of patient. †¢ obtaining necessary consultation on ethical concerns †¢ becoming involved in the development of policy on ethical issues †¢ advocating for safe and competent nursing care within Alberta communities †¢ encouraging and facilitating cooperation and collaboration between professionals and between agencies to effect improvements within health care †¢ participating in the development of practice standards, issues statements and position papers on professional issues †¢ working with colleagues to identify crucial ethical issues for the profession, including: − the implementation of evidence-based practice − shaping the direction of health-care reform †¢ linking of resource allocation decisions to client outcomes In this assignment i am going to use STORCH Model for ethical decision making. This model was developed by Jan Storch for use in health policy decision making, but later it was adapted for use in ethical decision making. Dr. Storch suggested the use of this circular model as a way of reminding us that it is important to return to each consideration as we move towards decision making. This model involves three major steps: Information and identification Concern People/population Ethical components. Clarification and evaluation. Ethical principles Autonomy Nonmaleficence Beneficence Justice Social expectations and Legal requirements Range of actions/ anticipated consequences Professional code of ethics Ones values beliefs, values of others and value conflict 3. Actions and Review. Case study: Eighty four years old Mr. Adam, was admitted to the ICU. He has been suffering from throat malignancy for 18 months. Now his disease condition has become worsen. His life expectancy is about 3 months. He has difficulty in breathing, difficulty in swallowing and cries with pain. He is on mechanical support and has nasogastric tube in place. He lives with his 82 years old wife. He was a active social worker. His wife tells that he believes in living life in a productive way. He used to drive cancer patients to the rehabilitation centre voluntarily. He has two daughters who live in Ontario, but now they are here to visit their father. He requested the nurse to remove the nasogastric tube and mechanical ventilation as he does not want to live life in this way. His wife agreed to his decision as she does not want to see him suffering anymore. She want him to die peacefully and painlessly. According to Storch Model of ethical decision making, in this case scenario, Information and identification: Nurse Need to gather all the information regarding Mr. Adam. Nurse can arrange a family conference including his wife and the daughters also the family physician can be involved. She should listen to the views and concerns of all the family members related to the request of the patient. Nurse should consider the medical condition of the patient, Mr. Adam is terminally ill and now as his condition has become worsen he has become totally dependent on life support system. He has severe pain which he cannot tolerate. His life expectancy is very short and the prognosis is really poor. Mr. Adam is suffering from throat cancer and is on the last stage but his decision making capacity can be intact, so nurse should assess the reason for his decision. Nurse should assess if there is depression, as it may effect the decision of the patient. Mr. Adam is staying alone with his wife, so the financial resources may be limited to bear his stay in hospital. He was an active social worker. Mr. Adam used to drive cancer patients to the rehabilitation centre. He may have strong social connections and a positive quality of life. Mr. Adam believes in active living of life not in this dependent manner and he spends his life living for others and helping others in their time of need. He had very positive attitude towards life. He believes in life worth living rather living. Nurse should assess the expectations of his family regarding the condition of the patient. Mr. Adams wife and daughter should be asked about their expectations for Mr. Adams health status and prognosis. His daughters live far away from him so they may not have as much familiar with his condition as Mrs. Adam do. Nurse can consult the doctor regarding the condition of the patient and also about the outcome of the decision. Identify the surrogate decision makers for Mr. Adam. According to the second step: Clarification and evaluation: nurse should assess the different values associated with Mr. Adam. Mr. Adams personal values regarding life are worth living life. He believes in living life in a productive and positive way. Nurse should assess the cultural values of the patient, what role cultural values play in his life. What his culture says about life and death. Nurse should also keep in view the religious values of the patient. What role does his religion play in his life? If the religion allows for hastening the death process. Professional values play an important role in ethical decision making. Nurse should consider the professional values associated with the removal of life support system. Nurse should assess the values of the family members regarding the decision of hastening death of their family member. Mr. Adams wife is in favor of his decision to remove life support as she does not want to see him suffering. She wants him to die peacefully and painlessly. Consider the ethical principles. Principle of Autonomy: According to this principle patient has the right to decide for himself, here in this case Mr. Adam is autonomous and deciding removal of life support system. He tells the nurse that he does not want to live life like this. Nurse should respect his autonomy towards the life and should consider his decision and wish while taking actions. Principle of non maleficence: According to this principle nurse should do no harm to the patient. In the above case scenario, patient want to stop the life support and continuing the treatment may go against the principle as it is against his wish. Principle of beneficence: According to this principle, nurse should do good for the patient. Here patient is asking for stopping life support system but it does not provide any benefit towards his condition at the same time it works in favor of his wish to die. Principle of justice: According to this principle, all persons should be equally provided with health care services. In this case patient is provided with required health care needs. Consider the social expectations and legal requirements: Nurse should look for any similar history in the hospital. Identify any previous similar case in the institution, so that she/he can look for the policies and steps that can be taken. Nurse should check the hospital policies regarding the hastening of death of the patient. She should assess that what steps can be taken according to the policies. Nurse should ask for any legal documentation of clients decision making authorities. She can ask for any legal will or advance directives. While considering the different aspects of model nurse should assess that what possible range of actions can de done. Considering the information provided, Mr. Adam is a strong social human being, he spent life doing productive, now as he is chronically sick and dependent which for him is not worth living. He is old and the life expectancy is poor also it gives him severe pain. His wife want him die peacefully. And also the financial sources may be limited to continue life support. The ethical principles gives him the right to decide for himself. According to Canadian Nurses association code of ethics for registered nurses, there are seven primary nursing values: 1. Providing safe, compassionate, competent and ethical care 2. Promoting health and well-being 3. Promoting and respecting informed decision-making 4. Preserving dignity 5. Maintaining privacy and confidentiality 6. Promoting justice 7. Being accountable ( CNA code of ethics for registered nurse) Nurse should consider the professional code of ethics while making decision for the patient that whether she is going according to provided professional guidelines. In this case nurse should follow the professional code of ethics while caring And deciding for Mr. Adam. Nurse can consider her own values and beliefs regarding life and death in empathizing and understanding the needs of the patient and family. Nurse should understand the values and beliefs of the persons involved in the decision making for the patient. How the stopping of life support system effect the family members? What they believe about death process? Mr, Adams wife believes in his peaceful death. Nurse should assess if there is any conflict between the values of patient, family members , profession, culture, religion. Action and review: in this case scenario action must be decided according to the various perspectives proposed by the model. Nurse can check what she can provide to the patient, whether the request to hasten dying is made under depression or really in relevant means to patient. If it is due to depression, what nurse can do to promote and facilitate calm and peace to mind of patient. How she can provide compassionate care and peaceful death to the patient. If patient really wants to die, nurse should t check what she can do while regulating the hospital policies. All the perspectives given by the model should be reviewed before taking any actions. Conclusion: In the nutshell, I can say that Storch Model is the best suited model to the above case scenario as it covers all the issues and perspectives related to the decision. The ethical decision making skill can achieved by reading literature and with the practice experience. These decisions play important role in the lives of patients and nurses as well. There is need of ethical relationship between patient and nurse. There should be better understanding of nurses own values, beliefs, patient and his values and beliefs, professional values , institutional policies.

Students Rights :: essays research papers

Student's Rights by Q.T.M. McConnell Are you in the mood for some good reading? The other day I was in the Guidance Office looking for guidance when I saw an unassuming three page packet. Having nothing else to do, I picked one up and began reading. I learned that the name of this little manual is the Student's Rights and Responsibilities Bill. I thought to myself, "my, what a great place is La Follette, that I can simply walk into my guidance office and learn my rights as a student. But wait, why must I pursue this information on my own? Why isn't this information in my handy handbook issued to me at the beginning of the school year? I ought to read this!" So I read. Soon I realized why our School Board may not want students realizing what we are actually entitled to. Right away in the Preamble, it states "students have the responsibility to respect rights of all persons involved in the educational process and exercise the highest degree of self- discipline in observing and adhering to legitimate rules." The first thing I thought was "WOW! That sounds great! The School Board really trusts me as a free-thinking individual to respect people and be respected. I love this school!" But wait. Before we all stage an "I love Cheryl Wilhoyte" love-fest, let's take a look at what these "legitimate rules" are, particularly as they apply to freedom of speech, expression, and something they like to call "material disruption of the educational environment." The first item on the list is literature, specifically a student's right to post it. It reads "Students shall have the right to post any literature of a non-commercial nature without prior censorship or approval by the Administration or School Board in any designated posting area, provided, however, the designated representative shall be accorded the right to remove posted material s/he considers obscene, libelous or will cause material disruption to the educational environment." Let's stop and think a bit. I have the right to post whatever I want so long as my Administrators agree with it? Whose rights are we really talking about here? Well, I began to think and it occurred to me that maybe my Administrators and School Board representatives aren't so concerned that I express myself however I like. But, I can see their point; after all, I probably wouldn't want fifteen hundred students posting whatever they wanted to either. They might start to see the world outside these walls. I proceeded reading. The next civil liberties violation I came across is stated as such: "Students shall have the right to wear buttons.

Real World

Real world cyber crime cases This document is an extract from the book Cyber Crime & Digital Evidence – Indian Perspective authored by Rohas Nagpal. This book is available as courseware for the Diploma in Cyber Law and PG Program in Cyber Law conducted by Asian School of Cyber Laws www. asianlaws. org Cyber Crime & Digital Evidence – Indian Perspective 23. Real World Cases This chapter serves as a ready reference guide. First the various scenarios are covered. A detailed discussion on the various cyber crimes, is covered in the ASCL publication titled â€Å"Understanding Hackers and Cyber Criminals†. This is provided as official courseware for the ASCL Certified Cyber Crime Investigator course. Then the applicable law and legal liabilities are covered. Then the modus operandi usually followed by the criminals is discussed. The investigation guidelines for cyber crime investigators are not discussed in this book as they are part of the syllabus of the ASCL Certified Cyber Crime Investigator course only. For real world case studies on investigation of cyber crimes, please refer to the ASCL publication titled â€Å"Case Studies on Cyber Crime Investigation†. This is provided as official courseware for the ASCL Certified Cyber Crime Investigator course. – 130 –  © 2008 Rohas Nagpal. All rights reserved. Cyber Crime & Digital Evidence – Indian Perspective 23. 1 Orkut Fake Profile cases Orkut. com is a very popular online community and social networking website. Orkut users can search for and interact with people who share the same hobbies and interests. They can create and join a wide variety of online communities. The profiles of Orkut members are publicly viewable. The scenarios 1. A fake profile of a woman is created on Orkut. The profile displays her correct name and contact information (such as address, residential phone number, cell phone number etc). Sometimes it even has her photograph. The problem is that the profile describes her as a prostitute or a woman of â€Å"loose character† who wants to have sexual relations with anyone. Other Orkut members see this profile and start calling her at all hours of the day asking for sexual favours. This leads to a lot of harassment for the victim and also defames her in society. 2. An online hate community is created. This community displays objectionable information against a particular country, religious or ethnic group or even against national leaders and historical figures. 3. A fake profile of a man is created on Orkut. The profile contains defamatory information abut the victim (such as his alleged sexual weakness, alleged immoral character etc) The law Scenario 1: Section 67 of Information Technology Act and section 509 of the Indian Penal Code. Scenario 2: Section 153A and 153B of Indian Penal Code. Scenario 3: Section 500 of Indian Penal Code. Who is liable? Scenario 1: Directors of Orkut as well as all those who create and update the fake profile. Scenario 2: Same as Scenario 1. Scenario 3: Same as Scenario 1.  © 2008 Rohas Nagpal. All rights reserved. – 131 – Cyber Crime & Digital Evidence – Indian Perspective The motive Scenario 1: Jealousy or revenge (e. g. the victim may have rejected the advances made by the suspect). Scenario 2: Desire to cause racial hatred (e. g. Pakistani citizens creating an anti-India online community). Scenario 3: Hatred (e. g. a school student who has failed may victimize his teachers). Modus Operandi 1. The suspect would create a free Gmail account using a fictitious name. 2. The email ID chosen by him would be unrelated to his real identity. 3. The suspect would then login to Orkut. com and create the offensive profile. – 132 –  © 2008 Rohas Nagpal. All rights reserved. Cyber Crime & Digital Evidence – Indian Perspective 23. 2 Email Account Hacking Emails are increasingly being used for social interaction, business communication and online transactions. Most email account holders do not take basic precautions to protect their email account passwords. Cases of theft of email passwords and subsequent misuse of email accounts are becoming very common. The scenarios 1. The victim’s email account password is stolen and the account is then misused for sending out malicious code (virus, worm, Trojan etc) to people in the victim’s address book. The recipients of these viruses believe that the email is coming from a known person and run the attachments. This infects their computers with the malicious code. 2. The victim’s email account password is stolen and the hacker tries to extort money from the victim. The victim is threatened that if he does not pay the money, the information contained in the emails will be misused. 3. The victim’s email account password is stolen and obscene emails are sent to people in the victim’s address book. The law Scenario 1: Sections 43 and 66 of Information Technology Act. Scenario 2: Sections 43 and 66 of Information Technology Act and section 384 of Indian Penal Code. Scenario 3: Sections 43, 66 and 67 of Information Technology Act and section 509 of the Indian Penal Code. Who is liable? Scenario 1: Persons who have stolen the email account password and who are misusing the email account. Scenario 2: Persons who have stolen the email account password and who are threatening to misuse it.  © 2008 Rohas Nagpal. All rights reserved. – 133 – Cyber Crime & Digital Evidence – Indian Perspective Scenario 3: Persons who have stolen the email account password and who are misusing the email account. The motive Scenario 1: Corporate Espionage, perverse pleasure in being able to destroy valuable information belonging to strangers etc. Scenario 2: Illegal financial gain. Scenario 3: Revenge, jealousy, hatred. Modus Operandi 1. The suspect would install keyloggers in public computers (such as cyber cafes, airport lounges etc) or the computers of the victim. 2. Unsuspecting victims would login to their email accounts using these infected computers. 3. The passwords of the victim’s email accounts would be emailed to the suspect. – 134 –  © 2008 Rohas Nagpal. All rights reserved. Cyber Crime & Digital Evidence – Indian Perspective 23. 3 Credit Card Fraud Credit cards are commonly being used for online booking of airline and railway tickets and for other ecommerce transactions. Although most of ecommerce websites have implemented strong security measures (such as SSL, secure web servers etc), instances of credit card frauds are increasing. The scenario The victim’s credit card information is stolen and misused for making online purchases (e. g. airline tickets, software, subscription to pornographic websites etc). The law Sections 43 and 66 of Information Technology Act and section 420 of Indian Penal Code. Who is liable? All persons who have stolen the credit card information as well as those who have misused it. The motive Illegal financial gain. Modus Operandi Scenario 1: The suspect would install keyloggers in public computers (such as cyber cafes, airport lounges etc) or the computers of the victim. Unsuspecting victims would use these infected computers to make online transactions. The credit card information of the victim would be emailed to the suspect. Scenario 2: Petrol pump attendants, workers at retail outlets, hotel waiters etc note down information of the credit cards used for making payment at these establishments. This information is sold to criminal gangs that misuse it for online frauds. 2008 Rohas Nagpal. All rights reserved. – 135 – Cyber Crime & Digital Evidence – Indian Perspective 23. 4 Online Share Trading Fraud With the advent of dematerialization of shares in India, it has become mandatory for investors to have demat accounts. In most cases an online banking account is linked with the share trading account. This has led to a high number of online share trading frauds. The scenario Scenario 1: The victim’s account passwords are stolen and his accounts are misused for making fraudulent bank transfers. Scenario 2: The victim’s account passwords are stolen and his share trading accounts are misused for making unauthorised transactions that result in the victim making losses. The law Scenario 1: Sections 43 and 66 of Information Technology Act and section 420 of Indian Penal Code. Scenario 2: Sections 43 and 66 of Information Technology Act and section 426 of Indian Penal Code. Who is liable? Scenario 1: All persons who have stolen the account information as well as those who have misused it. Scenario 2: All persons who have stolen the account information as well as those who have misused it. The motive Scenario 1: Illegal financial gain Scenario 2: Revenge, jealousy, hatred Modus Operandi Scenario 1: The suspect would install keyloggers in public computers (such as cyber cafes, airport lounges etc) or the computers of the victim. Unsuspecting victims would use these infected computers to login to their online banking and share trading accounts. The passwords and other information of the victim would be emailed to the suspect. Scenario 2: Same as scenario 1. – 136  © 2008 Rohas Nagpal. All rights reserved. Cyber Crime & Digital Evidence – Indian Perspective 3. 5 Tax Evasion and Money Laundering Many unscrupulous businessmen and money launderers (havala operators) are using virtual as well as physical storage media for hiding information and records of their illicit business. The scenario Scenario 1: The suspect uses physical storage media for hiding the information e. g. hard drives, floppies, USB drives, mobile phone memory cards, digital camera memory ca rds, CD ROMs, DVD ROMs, iPods etc. Scenario 2: The suspect uses virtual storage media for hiding the information e. g. mail accounts, online briefcases, FTP sites, Gspace etc. The law Scenario 1: Depending upon the case, provisions of the Income Tax Act and Prevention of Money Laundering Act will apply. Scenario 2: Depending upon the case, provisions of the Income Tax Act and Prevention of Money Laundering Act will apply. Who is liable? Scenario 1: information. The person who hides the Scenario 2: The person who hides the information. If the operators of the virtual storage facility do not cooperate in the investigation, then they also become liable. The motive Scenario 1: Illegal financial gain Scenario 2: Illegal financial gain Modus Operandi Scenario 1: The suspect would purchase small storage devices with large data storage capacities. Scenario 2: The suspect would open free or paid accounts with online storage providers.  © 2008 Rohas Nagpal. All rights reserved. – 137 – Cyber Crime & Digital Evidence – Indian Perspective 23. 6 Source Code Theft Computer source code is the most important asset of software companies. Simply put, source code is the programming instructions that are compiled into the executable files that are sold by software development companies. As is expected, most source code thefts take place in software companies. Some cases are also reported in banks, manufacturing companies and other organisations who get original software developed for their use. The scenario Scenario 1: The suspect (usually an employee of the victim) steals the source code and sells it to a business rival of the victim. Scenario 2: The suspect (usually an employee of the victim) steals the source code and uses it as a base to make and sell his own version of the software. The law Scenario 1: Sections 43, 65 and 66 of the Information Technology Act, section 63 of the Copyright Act. Scenario 2: Sections 43, 65 and 66 of the Information Technology Act, section 63 of the Copyright Act. Who is liable? Scenario 1: The persons who steal the source code as well as the persons who purchase the stolen source code. Scenario 2: The persons who steal the source code. The motive Scenario 1: Illegal financial gain. Scenario 2: Illegal financial gain. Modus Operandi Scenario 1: If the suspect is an employee of the victim, he would usually have direct or indirect access to the source code. He would steal a copy of the source code and hide it using a virtual or physical storage device. – 138 – 2008 Rohas Nagpal. All rights reserved. Cyber Crime & Digital Evidence – Indian Perspective If the suspect is not an employee of the victim, he would hack into the victim’s servers to steal the source code. Or he would use social engineering to get unauthorised access to the code. He would then contact potential buyers to make the sale. Scenario 2: If the suspe ct is an employee of the victim, he would usually have direct or indirect access to the source code. He would steal a copy of the source code and hide it using a virtual or physical storage device. If the suspect is not an employee of the victim, e would hack into the victim’s servers to steal the source code. Or he would use social engineering to get unauthorised access to the code. He would then modify the source code (either himself or in association with other programmers) and launch his own software.  © 2008 Rohas Nagpal. All rights reserved. – 139 – Cyber Crime & Digital Evidence – Indian Perspective 23. 7 Theft of Confidential Information Most business organisations store their sensitive information in computer systems. This information is targeted by rivals, criminals and sometimes disgruntled employees. The scenario Scenario 1: A business rival obtains the information (e. g. tender quotations, business plans etc) using hacking or social engineering. He then uses the information for the benefit of his own business (e. g. quoting lower rates for the tender). Scenario 2: A criminal obtains the information by hacking or social engineering and threatens to make the information public unless the victim pays him some money. Scenario 3: A disgruntled employee steals the information and mass mails it to the victim’s rivals and also posts it to numerous websites and newsgroups. The law Scenario 1: Sections 43 and 66 of the Information Technology Act, section 426 of Indian Penal Code. Scenario 2: Sections 43 and 66 of the Information Technology Act, section 384 of Indian Penal Code. Scenario 3: Sections 43 and 66 of the Information Technology Act, section 426 of Indian Penal Code. Who is liable? Scenario 1: The persons who steal the information as well as the persons who misuse the stolen information. Scenario 2: The persons who steal the information as well as the persons who threaten the victim and extort money. Scenario 3: The disgruntled employee as well as the persons who help him in stealing and distributing the information. The motive Scenario 1: Illegal financial gain. Scenario 2: Illegal financial gain. Scenario3: Revenge. – 140  © 2008 Rohas Nagpal. All rights reserved. Cyber Crime & Digital Evidence – Indian Perspective Modus Operandi Scenario 1: The suspect could hire a skilled hacker to break into the victim systems. The hacker could also use social engineering techniques. Illustration: A very good looking woman went to meet the system administrator (sysadmin) of a large company. She interviewed the sysadmin for a â€Å"magazine article†. During the interview she flirted a lot with the sysadmin and while leaving she â€Å"accidentally† left her pen drive at the sysadmin’s room. The sysadmin accessed the pen drive and saw that it contained many photographs of the lady. He did not realize that the photographs were Trojanized! Once the Trojan was in place, a lot of sensitive information was stolen very easily. Illustration: The sysadmin of a large manufacturing company received a beautifully packed CD ROM containing â€Å"security updates† from the company that developed the operating system that ran his company’s servers. He installed the â€Å"updates† which in reality were Trojanized software. For 3 years after that a lot of confidential information was stolen from the company’s systems! Scenario 2: Same as scenario 1. Scenario 3: The disgruntled employee would usually have direct or indirect access to the information. He can use his personal computer or a cyber cafe to spread the information.  © 2008 Rohas Nagpal. All rights reserved. – 141 – Cyber Crime & Digital Evidence – Indian Perspective 23. 8 Software Piracy Many people do not consider software piracy to be theft. They would never steal a rupee from someone but would not think twice before using pirated software. There is a common perception amongst normal computer users to not consider software as â€Å"property†. This has led to software piracy becoming a flourishing business. The scenario Scenario 1: The software pirate sells the pirated software in physical media (usually CD ROMs) through a close network of dealers. Scenario 2: The software pirate sells the pirated software through electronic downloads through websites, bulletin boards, newsgroups, spam emails etc. The law Scenario 1: Sections 43 and 66 of the Information Technology Act, section 63 of Copyright Act. Scenario 2: Sections 43 and 66 of the Information Technology Act, section 63 of Copyright Act. Who is liable? Scenario 1: The software pirate as well as the persons who buy the pirated software from him. Scenario 2: The software pirate as well as the persons who buy the pirated software from him. The motive Scenario 1: Illegal financial gain. Scenario 2: Illegal financial gain. Modus Operandi Scenario 1: The suspect uses high speed CD duplication equipment to create multiple copies of the pirated software. This software is sold through a network of computer hardware and software vendors. Scenario 2: The suspect registers a domain name using a fictitious name and then hosts his website using a service provider that is based in a country that does not have cyber laws. Such service providers do not divulge client information to law enforcement officials of other countries. – 142  © 2008 Rohas Nagpal. All rights reserved. Cyber Crime & Digital Evidence – Indian Perspective 23. 9 Music Piracy Many people do not consider music piracy to be theft. They would never steal a rupee from someone but would not think twice before buying or using pirated music. There is a common perception amongst people users to not consider music as â€Å"property†. There is a huge business in music piracy. Thousands of unscrupulous businessmen sell pirated music at throw away prices. The scenario Scenario 1: The music pirate sells the pirated music in physical media (usually CD ROMs) through a close network of dealers. Scenario 2: The music pirate sells the pirated music through electronic downloads through websites, bulletin boards, newsgroups, spam emails etc. The law Scenario 1: Sections 43 and 66 of the Information Technology Act, section 63 of Copyright Act. Scenario 2: Sections 43 and 66 of the Information Technology Act, section 63 of Copyright Act. Who is liable? Scenario 1: The music pirate as well as the persons who buy the pirated software from him. Scenario 2: The music pirate as well as the persons who buy the pirated software from him. The motive Scenario 1: Illegal financial gain. Scenario 2: Illegal financial gain. Modus Operandi Scenario 1: The suspect uses high speed CD duplication equipment to create multiple copies of the pirated music. This music is sold through a network of dealers. Scenario 2: The suspect registers a domain name using a fictitious name and then hosts his website using a service provider that is based in a country that does not have cyber laws. Such service providers do not divulge client information to law enforcement officials of other countries.  © 2008 Rohas Nagpal. All rights reserved. – 143 – Cyber Crime & Digital Evidence – Indian Perspective 23. 10 Email Scams Emails are fast emerging as one of the most common methods of communication in the modern world. As can be expected, criminals are also using emails extensively for their illicit activities. The scenario In the first step, the suspect convinces the victim that the victim is going to get a lot of money (by way of winning a lottery or from a corrupt African bureaucrat who wants to transfer his ill gotten gains out of his home country). In order to convince the victim, the suspect sends emails (some having official looking documents as attachments). Once the victim believes this story, the suspect asks for a small fee to cover legal expenses or courier charges. If the victim pays up the money, the suspect stops all contact. The law Section 420 of Indian Penal Code Who is liable? The sender of the email. The motive Illegal financial gain. Modus Operandi The suspect creates email accounts in fictitious names and sends out millions of fraudulent emails using powerful spam software. – 144 –  © 2008 Rohas Nagpal. All rights reserved. Cyber Crime & Digital Evidence – Indian Perspective 23. 11 Phishing With the tremendous increase in the use of online banking, online share trading and ecommerce, there has been a corresponding growth in the ncidents of phishing being used to carry out financial frauds. Phishing involves fraudulently acquiring sensitive information (e. g. passwords, credit card details etc) by masquerading as a trusted entity. The scenario Scenario 1: The victim receives an email that appears to have been sent from his bank. The email urges the victim to click on the link in the email. When the victim does so, he is taken to â€Å"a secure page on the bank’s website†. The victim believes the web page to be authentic and he enters his username, password and other information. In reality, the website is a fake and the victim’s information is stolen and misused. The law Sections 43 and 66 of Information Technology Act and sections 419, 420 and 468 of Indian Penal Code. Who is liable? All persons involved in creating and sending the fraudulent emails and creating and maintaining the fake website. The persons who misuse the stolen or â€Å"phished† information are also liable. The motive Illegal financial gain. Modus Operandi The suspect registers a domain name using fictitious details. The domain name is usually such that can be misused for spoofing e. g. Noodle Bank has its website at www. oodle. com The suspects can target Noodle customers using a domain name like www. noodle-bank-customerlogin. com The suspect then sends spoofed emails to the victims. e. g. the emails may appear to come from [email  protected] com The fake website is designed to look exactly like the original website.  © 2008 Rohas Nagpal. All rights reserved. – 1 45 – Cyber Crime & Digital Evidence – Indian Perspective 23. 12 Cyber Pornography Cyber pornography is believed to be one of the largest businesses on the Internet today. The millions of pornographic websites that flourish on the Internet are testimony to this. While pornography per se is not illegal in many countries, child pornography is strictly illegal in most nations today. Cyber pornography includes pornographic websites, pornographic magazines produced using computers (to publish and print the material) and the Internet (to download and transmit pornographic pictures, photos, writings etc). The scenario The suspect accepts online payments and allows paying customers to view / download pornographic pictures, videos etc from his website. The law Section 67 of Information Technology Act. Who is liable? The persons who create and maintain the pornographic websites are liable. In some cases cyber cafe owners and managers may also be liable in case they knowingly allow their customers to access the pornographic websites. The motive Illegal financial gain. Modus Operandi The suspect registers a domain name using fictitious details and hosts a website on a server located in a country where cyber pornography is not illegal. The suspect accepts online payments and allows paying customers to view / download pornographic pictures, videos etc from his website. – 146 –  © 2008 Rohas Nagpal. All rights reserved. Cyber Crime & Digital Evidence – Indian Perspective 23. 3 Online Sale of Illegal Articles It is becoming increasingly common to find cases where sale of narcotics drugs, weapons, wildlife etc. is being facilitated by the Internet. Information about the availability of the products for sale is being posted on auction websites, bulletin boards etc. The scenario The suspect posts information about the illegal sale that he seeks to make. P otential customers can contact the seller using the email IDs provided. If the buyer and seller trust each other after their email and / or telephonic conversation, the actual transaction can be concluded. In most such cases the buyer and seller will meet face to face at the time of the final transaction. Illustration: In March 2007, the Pune rural police cracked down on an illegal rave party and arrested hundreds of illegal drug users. The social networking site, Orkut. com, is believed to be one of the modes of communication for gathering people for the illegal â€Å"drug† party. The law Depending upon the illegal items being transacted in, provisions of the Narcotic Drugs and Psychotropic Substances Act, Arms Act, Indian Penal Code, Wildlife related laws etc may apply. Who is liable? The persons who buy and sell these items. The motive Illegal financial gain. Modus Operandi The suspect creates an email ID using fictitious details. He then posts messages, about the illegal products, in various chat rooms, bulletin boards, newsgroups etc. Potential customers can contact the seller using the email IDs provided. If the buyer and seller trust each other after their email and / or telephonic conversation, the actual transaction can be concluded. In most such cases the buyer and seller will meet face to face at the time of the final transaction.  © 2008 Rohas Nagpal. All rights reserved. 147 – Cyber Crime & Digital Evidence – Indian Perspective 23. 14 Use of Internet and Computers by Terrorists Many terrorists are using virtual as well as physical storage media for hiding information and records of their illicit business. They also use emails and chat rooms to communicate with their counterparts around the globe. The scenario The suspects carry laptops w herein information relating to their activities is stored in encrypted and password protected form. They also create email accounts using fictitious details. In many cases, one email account is shared by many people. E. g. one terrorist composes an email and saves it in the draft folder. Another terrorist logs into the same account from another city / country and reads the saved email. He then composes his reply and saves it in the draft folder. The emails are not actually sent. This makes email tracking and tracing almost impossible. Terrorists also use physical storage media for hiding the information e. g. hard drives, floppies, USB drives, mobile phone memory cards, digital camera memory cards, CD ROMs, DVD ROMs, iPods etc. They also use virtual storage media for hiding the information e. g. mail accounts, online briefcases, FTP sites, Gspace etc. The law Terrorists are covered by conventional laws such as Indian Penal Code and special legislation relating to terrorism. Who is liable? Terrorists as well as those who help them to protect their information are liable. If email service providers do not assist the law enforcement personnel in the investigation then they are also legally liable. T he motive Keeping terrorism related information confidential. Secure communication amongst terrorist group members. Modus Operandi The terrorists purchase small storage devices with large data storage capacities. They also purchase and use encryption software. The terrorists may also use free or paid accounts with online storage providers. – 148  © 2008 Rohas Nagpal. All rights reserved. Cyber Crime & Digital Evidence – Indian Perspective 23. 15 Virus Attacks Computer viruses are malicious programs that destroy electronic information. As the world is increasingly becoming networked, the threat and damage caused by viruses is growing by leaps and bounds. The scenario Scenario 1: The virus is a general â€Å"in the wild† virus. This means that it is spreading all over the world and is not targeted at any specific organisation. Scenario 2: The virus targets a particular organisation. This type of a virus is not known to anti-virus companies as it is a new virus created specifically to target a particular organisation. The law Scenario 1: Sections 43 and 66 of Information Technology Act and section 426 of Indian Penal Code. Scenario 2: Sections 43 and 66 of Information Technology Act and section 426 of Indian Penal Code. Who is liable? Scenario 1: The creator of the virus. Scenario 2: The creator of the virus as well as the buyer who purchases the virus (usually to target his business rivals). The motive Scenario 1: Thrill and a perverse pleasure in destroying data belonging to strangers. Scenario 2: Illegal business rivalry. financial gain, revenge, Modus Operandi Scenario 1: A highly skilled programmer creates a new type or strain of virus and releases it on the Internet so that it can spread all over the world. Being a new virus, it goes undetected by many anti-virus software and hence is able to spread all over the world and cause a lot of damage. Anti-virus companies are usually able to find a solution within 8 to 48 hours.  © 2008 Rohas Nagpal. All rights reserved. 149 – Cyber Crime & Digital Evidence – Indian Perspective Scenario 2: A highly skilled programmer creates a new type or strain of virus. He does not release it on the Internet. Instead he sells it for a huge amount of money. The buyer uses the virus to target his rival company. Being a new virus, it may be undetected by the victim company’s anti-virus software and hence would be able to cause a lot of damage. Anti-virus companies may never get to know about the existence of the virus. – 150 –  © 2008 Rohas Nagpal. All rights reserved. Cyber Crime & Digital Evidence – Indian Perspective 3. 16 Web Defacement Website defacement is usually the substitution of the original home page of a website with another page (usually pornographic or defamatory in nature) by a hacker. Religious and government sites are regularly targeted by hackers in order to display political or religious beliefs. Disturbing images and offensive phrases might be displayed in the process, as well as a signature of sorts, to show who was responsible for the defacement. Websites are not only defaced for political reasons, many defacers do it just for the thrill. The scenario The homepage of a website is replaced with a pornographic or defamatory page. In case of Government websites, this is most commonly done on symbolic days (e. g. the Independence day of the country). The law Sections 43 and 66 of Information Technology Act [In some cases section 67 and 70 may also apply]. Who is liable? The person who defaces the website. The motive Thrill or a perverse pleasure in inciting communal disharmony. Modus Operandi The defacer may exploit the vulnerabilities of the operating system or applications used to host the website. This will allow him to hack into the web server and change the home page and other pages. Alternatively he may launch a brute force or dictionary attack to obtain the administrator passwords for the website. He can then connect to the web server and change the webpages.  © 2008 Rohas Nagpal. All rights reserved. – 151 – www. asianlaws. org Head Office 6th Floor, Pride Senate, Behind Indiabulls Mega Store, Senapati Bapat Road, Pune – 411016. India Contact Numbers +91-20-25667148 +91-20-40033365 +91-20-64000000 +91-20-64006464 Email: [email  protected] org URL: www. asianlaws. org

Free Essays on Italy Between the Two World Wars

Fascism Having obtained a parliamentary majority in the 1924 election and the following year passed a law increasing the powers of the head of government, it was in 1926, with the abolition of all the other political parties, that the Fascist dictatorship formally began. By such means Mussolini, both on the national and international level, was able to expand without any further formal hindrance. In 1929 following the Concordato with the Catholic Church, he also managed to gain the support or at least not the hostility of the Church itself an through this the Catholic masses, which were equivalent to the majority of Italians. Such consensus increased also because of an undoubted improvement in the country's economic condition and a policy of social reform involving the poorest classes. The continuation of land reclamation, already begun in the previous century even before the unification, increased the amount of land under cultivation with a satisfactory level of basic provisions. Examples of these initiatives can be found in the `grain battle' and the draining of the agro pontino, which produced an entirely new piece of territory. At the same time, industry was being brought up to date and developed, especially after the world economic crisis of 1929. The Istituto Mobiliare Italiano was created in 1931 to provide credit for industry and the Istituto per la Ricostruzione Industriale (1933) began the era of public intervention in large-scale industrial reform. In its external policy the Fascist regime especially sought prestige by further colonial expansion, as that into Ethiopia (1935-36) or participation in the Spanish Civil War on the side of Franco's forces. Gradually, Italy's good relations with France, Britain and the Soviet Union (whose revolutionary government Italy was the first country to recognize) deteriorated, while her links with Hitler's Germany increased (Rome-Berlin Axis, 1936). In 1939 the Pact of Steel with Germany,... Free Essays on Italy Between the Two World Wars Free Essays on Italy Between the Two World Wars Fascism Having obtained a parliamentary majority in the 1924 election and the following year passed a law increasing the powers of the head of government, it was in 1926, with the abolition of all the other political parties, that the Fascist dictatorship formally began. By such means Mussolini, both on the national and international level, was able to expand without any further formal hindrance. In 1929 following the Concordato with the Catholic Church, he also managed to gain the support or at least not the hostility of the Church itself an through this the Catholic masses, which were equivalent to the majority of Italians. Such consensus increased also because of an undoubted improvement in the country's economic condition and a policy of social reform involving the poorest classes. The continuation of land reclamation, already begun in the previous century even before the unification, increased the amount of land under cultivation with a satisfactory level of basic provisions. Examples of these initiatives can be found in the `grain battle' and the draining of the agro pontino, which produced an entirely new piece of territory. At the same time, industry was being brought up to date and developed, especially after the world economic crisis of 1929. The Istituto Mobiliare Italiano was created in 1931 to provide credit for industry and the Istituto per la Ricostruzione Industriale (1933) began the era of public intervention in large-scale industrial reform. In its external policy the Fascist regime especially sought prestige by further colonial expansion, as that into Ethiopia (1935-36) or participation in the Spanish Civil War on the side of Franco's forces. Gradually, Italy's good relations with France, Britain and the Soviet Union (whose revolutionary government Italy was the first country to recognize) deteriorated, while her links with Hitler's Germany increased (Rome-Berlin Axis, 1936). In 1939 the Pact of Steel with Germany,...

Definition and Examples of Evaluation Essays

Definition and Examples of Evaluation Essays An  evaluation essay is a  composition that offers value judgments about a particular subject according to a set of criteria. Also called  evaluative writing, evaluative essay or report, and critical evaluation essay. An evaluation essay or report is a type of argument that provides evidence to justify a writers opinions about a subject. Any kind of review is essentially a piece of  evaluative writing, says Allen  S. Goose. This type of writing calls for the critical thinking skills of analysis, synthesis, and evaluation (8 Kinds of Writing, 2001).   Observations Without good reasons for liking or disliking certain things, students can never get beyond being passive receivers of marketing, fickle consumers without a basis for their opinions. Writing evaluation papers asks them to question why they feel the way they do.(Allison D. Smith, et al., Teaching in the Pop Culture Zone: Using Popular Culture in the Composition Classroom. Wadsworth, 2009) How to Evaluate If you are evaluating a piece of writing, then you are going to need to thoroughly read the work. While you read the work, keep in mind the criteria you are using to evaluate. The evaluative aspects may be: grammar, sentence structure, spelling, content, usage of sources, style, or many other things. Other things to consider when evaluating a piece of writing is whether the writing appealed to its target audience. Was there an emotional appeal? Did the author engage the audience, or was the piece lacking something? ...If you are evaluating anything else, use your head. You need to try, use, or test whatever thing you are evaluating. That means you should not evaluate a 2005 Chevrolet Corvette unless you have the $45,000 (or more) to buy one, or the money to rent one. You also need the know-how of driving a car of that power and a base of knowledge of other cars that you have tested to compare it to.(Joe Torres, Rhetoric and Composition Study Guide. Global Media, 2007) Identifying Criteria for an Evaluation Make a list of prominent, widely recognized standards for judging your subject. If you do not know the standards usually used to evaluate your subject, you could do some research. For example, if you are reviewing a film, you could read a few recent film reviews online or in the library, noting the standards that reviewers typically use and the reasons that they assert for liking or disliking a film. If you are evaluating a soccer team or one winning (or losing) game, you could read a book on coaching soccer or talk to an experienced soccer coach to learn about what makes an excellent soccer team or winning game.(Rise B. Axelrod and Charles R. Cooper, Axelrod Coopers Concise Guide to Writing, 4th ed. Bedford/St. Martins, 2006) Ways of Organizing an Evaluation Essay One way to organize an  evaluation essay is  point-by-point: describe one element of the subject and then evaluate it; present the next element and evaluate it; and so on. Comparison/contrast could be an organizing structure as well,  in which you evaluate something by  comparing (or contrasting) it to a known item. Culinary and music reviews often use this strategy.  Chronological organization can be used  for evaluating an event (either current or historical). Sequential organization can be used when describing how something works and evaluating the effectiveness of the process, procedure, or mechanism. Spatial organization can be used for evaluating art  or architecture in which you describe and evaluate one element of the artifact and then move spatially to the next major element to be described and evaluated.(David S. Hogsette,  Writing That Makes Sense: Critical Thinking in College Composition.  Wipf and Stock,  2009)

Analyze the debate over states' rights versus national supremacy from Research Paper

Analyze the debate over states' rights versus national supremacy from the founding of our nation up until today. how has this debate changed over time - Research Paper Example As noted, it is not all the states that regard the death penalty as legal. The federal government is permitted to enforce the death penalty for various crimes. Statistics indicate that between the years 1967 and 1997, only one execution was undertaken out of every 1,600 crimes involving murder. They also go on to indicate that, out of every 8,000 convictions, less than 120 are charged with the death sentence (Rogers, 2008). Federal crimes are used to enact the death penalty by the federal government. Federal crimes include; espionage, treason, drug trafficking, just to name but a few. Similarly to what happened in the states, the federal government did not enact the death penalty for ten years, 1967-1977. It was during a time when the Supreme Court was deliberating on the legality of the death penalty. In 1988, the death penalty was re-enacted and only 3 executions have been undertaken since then. Just like the governors have the authority to grant clemency in death penalty cases, so does the president. In spite of the uniformity in the federal death penalty, states differ in their enactment of the penalty. For example, the Supreme Court in Nebraska nullified the utilization of the electric chair as a means of execution in the year 2008. The New York Supreme Court also nullified the death penalty in the year 2004. Hence, these states in reality have no death penalty (Rogers,

Iranian Revolution Essay Example | Topics and Well Written Essays - 1250 words

Iranian Revolution - Essay Example It all started in 1974-75 when the Shah of Iran was informed of the Bathist regime in Baghdad. They were known to be supplied by weapons from the Soviet Union for controlling the northern Gulf their own way. Iran supported and funded the Kurds to rebel against Iraq to weaken them. He also provided sanctuary to Iraqi Kurds in Iran. Algiers agreement was signed in 1975, in order to redefine the boundary of Shatt al Arab. Shatt al Arab is found in the Basra Governorate of southern Iraq. The river also forms a border between Iran and Iraq just when the river discharges into the Persian Gulf. Two Iranian cities, Abadan and Khorramshahr, and the Iraqi city of Basra are located on the coastline of this river. One of the factors for the Iran-Iraq war was disputes on territorial claims. This waterway served as source of peace agreement between ancestors of Iran and Iraq. But Saddam Hussein violated the rules in 1980 and tried to invade the waterway and bring in into the Iranian territory. It also dislocated as many as 250,000 Kurds from their homeland. It can be related to the Israeli policies against Palestinians in the Gaza Strip for over forty years now (Abrahamian, 2008). The outrage was set ablaze once again between Iran and Iraq with the onset of Iran Iraq War in 1991. ... The issue was propagated as Iraq being the Shia side of Islam and Iraq legalized as the Islamic republic of Iran. Ayatollah Khomeini made a direct appeal for the Iraqi Shia community to put an end to the rule of Saddam Hussein and bring forth an Islamic Republic. Saddam Hussein decided to bring a downfall to his government before he could get his power back. His decision had the support of US, oil-rich producers if Kuwait, Saudi Arabia and some Gulf states who did not like Khomeini’s revolutionary Islam. The invasion of Iran by Saddam Hussein continued to be a horrible long war costing many thousands of billions of dollars and much causality. Iran fought fearlessly for their rights. The war had crippled the Iraqi oil industry and reduced income levels. All in all, the conflict was a horrible one with thousands of lives lost during the years 1982-1988. Iranian war dead estimates were about 262,000 and those of Iraq were 105,000 (Wright, 2005). There were certain goals that the United States had for the Iraq war in 2003. They wanted to demolish a regime from Iraq that they believed was to develop and utilize weapons of mass destruction which further gave shelter and protection to terrorists who tend to give way to human right abuses. The US was of the opinion that all this did injustice to the United Nation’s demands and that Iraq must compel to the international regulations and obligations. This invasion was further backed up with the view that the present ruler of Iraq, Saddam Hussein was giving initiative to those weapons of mass destruction which was a big threat to the security of the neighboring countries and to the world as a whole. There were