Observation Sheets Essay

1. Old fire extinguisher in office area. (Fire regs.) 2. no fire alarm system in office and ware house 3. Heaps of PPE on the ground obstructive entrance to fire extinguishers and moreover fire exit. (Fire regs.) 4. Remove rods of steel being used as doorstops in office area (Tripping hazards). 5. Various tools and equipment of outdoor work put away nearby office zone and beneath counters. (PUWER). 6. No correct dispenser placement and no hand wash area near office. 7. Old printer and cartons of printer paper left on floor and right next to fixed electric heater, (Fire and manual handling regs). 8. A number of mobile chargers under office chair with tangled cables. Also connected to the power supply with no batteries charging. (Electricity and fire regs.) 9. Carton of vaporized cans put away beneath office desk nearby electrical plugs. (PUWER) 10. Outdoor Waste paper bins overflowing. (Welfare issue). 11. Various tools of outdoor work equipment being stored around office area and under desks. (PUWER). 12. Wall attached first aid kit absent, support cracked. First aid kit not in its correct placed. (MHSWR). 13. Old work walking boot and gloves in poor state lying nearby shelves. (PPE regs.) 14. Cleaning chemicals nearby the electric supply socket afterward to 6 volt batteries. (MHSWR). 15. Various swab buckets and vacuum cleaner sitting just inside store room door, not properly stored. Tripping hazards. 16. Drinking water dispenser in adjoining area is out of order, only tap water available for drinking. Welfare and PUWER issue 17. Heavy material stacked up outdoor the store at ground level.. (Manual handling regs.) 18. Shelving in the warehouse not being used appropriately with a number of  tools and equipment stacked up on the floor obstructive entrance to the shelves. (MHSWR). 19. At the entrance to the building stairs railing has turn out to be un-attached at the base. (Tripping hazard). GOOD POINTS/PRACTICES Noticeably observable fire exit signs and glow in the dark signs to walls showing sites of fire extinguishers. Safety warning sign board demonstrating HSE poster, firms’ certificate of legal responsibility insurance and all related safety notices Well lit and ventilated office area, good appropriate temperature. Wall attached hand cleaners, all kept clean and tidy. Ample shelving for accurate P.P.E. storage. Install new fire extinguisher/s in office. Assessment fire risk valuations. Install proper alarm system in office to reduce the risk of damages Remove all PPE from the floor and keep fire exit clear. Monitor the area to ensure fire exit remains free from obstructions at all times. Remove rods of steel from the office block Keep all entrances shut wherever possible and must installed proper door stops. Observe the situation to make sure no more rods of steel are carried hooked on the office block. Keep hand cleaners installed. Install correct hand wash dispenser Change old printers on top of its desk and put printer paper into paper closet. Old printers repaired or detached and properly disposed of. Remove chargers from power supply as soon as not in usage and have cables free from twisting. Similarly not to be port under chairs. Appropriate placement of chargers to be put in storage Remove spray cans from office area and into store room. Passing staff on the significance of protection vaporizers (spray can) away from electrical plugs. Empty the bins and clean the floors. Ensure bins are emptied on a regular basis. Spring-cleaning duties between supervise to make sure outdoor adjoining area remain clean and tidy. Remove outdoor work equipment from office and into the correct store. Ensure foot areas under desks remain free from obstructions. Ensure first aid kit is accessible for usage by all employees Change the support so first aid kit can be give back to its accurate location. Organize of any old idle P.P.E. Ensure all P.P.E. is kept clean and changed as and when necessary. Properly place the chemicals not near to electric supply must have a specific storing area; Batteries are not stored near any cleaning products. Arrange for a clear out and tidy of store room, removing and obstructions from the door area. Assign a cleaning schedule to staff to ensure store room  remains in good order. Arrange for water dispenser to be repaired or replaced and ensure fresh drinking water is available. Arrange for the water dispenser to be serviced by a professional to prevent future problems. Move heavy tools and material onto appropriate shelving inside warehouse and store at abdomen level to avoid labour-intensive handling injuries from bending. Make sure work tools is kept properly place at all times and not left outdoor somewhere it might reason damages. Tidying the warehouse and organize of any non-waste materials. Use the shelving for suitable storing of tools and supplies to have ground space clear. Make momentary reparation while waiting for to hire for a skilled welder to make a long-lasting renovation of the railing. No action required, very good practise for emergencies with power outage. Good put into practise. Conceivably elect a member of supervise to be in responsibility of bring up-to-date notices. Monitor temperatures and regulate timers accordingly as average temperature changes throughout the year. Re-fill all skin care slot machine as and when required. Good chosen room for P.P.E. storage, P.P.E in good condition.

Case Briefing and Problem Solving

Issue Spotters Delta Tools, Inc. , markets a product that under some circumstances is capable of seriously injuring consumers. Does Delta owe an ethical duty to remove this product from the market, even if the injuries result only from misuse? Why or why not? I think Delta Tools, Inc. doesn't owe an ethical duty to remove the product from the market unless the company doesn't warn its customers of the danger they can meet upon misuse of the product. If the company takes all the measures to warn their customers of the danger of the product once it's misused, customers have knowledge of the risk and voluntarily assume it.For example, the use of any antibiotics with the alcohol can lead to many harmful processes and activities. Nevertheless, pharmaceutical companies don't remove these products from the market because of that. It's a customer's responsibility to use the product properly. Case problems 8–1 Business Ethics. Jason Trevor owns a commercial bakery in Blakely, Georgia, that produces a variety of goods sold in grocery stores. Trevor is required by law to perform internal tests on food produced at his plant to check for contamination.Three times in 2008, the tests of food products that contained peanut butter were positive for salmonella contamination. Trevor was not required to report the results to U. S. Food and Drug Administration officials, however, so he did not. Instead, Trevor instructed his employees to simply repeat the tests until the outcome was negative. Therefore, the products that had originally tested positive for salmonella were eventually shipped out to retailers. Five people who ate Trevor's baked goods in 2008 became seriously ill, and one person died from salmonella.Even though Trevor's conduct was legal, was it unethical for him to sell goods that had once tested positive for salmonella? If Trevor had followed the six basic guidelines for making ethical business decisions, would he still have sold the contaminated goods? Why or why not? The issue in this case problem is whether Trevor's actions were unethical. In my opinion it was unethical for Jason Trevor to sell goods that had once tested positive for salmonella. Salmonella is a bacterium that can cause many illnesses.Two basic ethical approaches can be applied to this case. Firstly, Trevor should've thought about his customers from the religious position. He could've foreseen that products positive tested on salmonella would harm people inevitably. Secondly, he had to consider the outcome of this sale. He didn't think about the consequences that can follow. He acted negligent by letting his employees ship the products to the retailers. If Trevor followed the six basic guidelines for making ethical business decisions he would not have sold the contaminated goods to the public.Having five people seriously ill and one person died because of the contaminated products harms the name of the brand associated with this incident. Thus, company loses its custom ers and, as a result, part of the revenues. I think Trevor also should feel guilty about what happened to those people meaning that on the Conscience step, which is the 4th guideline, he would've reconsidered his actions and probably changed his mind. I guess he would've not been happy to be interviewed about the actions he was about to take.And the next step, which is Promises to his customers, would've made him doubt his decisions because of the trust of the customers that he held in his hands. And I am sure Trevor's hero would not have acted the way that can harm people. Thus, Trevor would not have sold the contaminated goods had he followed the basic guidelines for making ethical business decisions. Brody v. Transitional Hospitals Corporation United States Court of Appeals, Ninth Circuit, 280 F. 3d 997 (9th Cir. 2002). http://caselaw. findlaw. com/us-9th-circuit/1019105. html FACTS Jules Brody and Joyce T.Crawford filed a class action complaint against Transitional Hospitals Cor poration (THC) and its officers on August 28, 1997 accusing THC of unlawful insider trading after THC bought 800,000 shares of its stock between February 26 and February 28 without first disclosing that Vencor and other parties had expressed interest in THC. In addition, Brody and Crawford claimed that THC, in its March 19 and April 24 press releases, materially misled them about THC's intention to sell the company. The district court granted the defendant's motion to dismiss the claims. The plaintiffs appealed to the US Court of Appeal, Ninth Circuit.ISSUE Are Brody and Crawford the proper plaintiffs to sue THC for damages for violation of the statute and rule? regarding the insider trading? DECISION No. US Court of Appeal, Ninth circuit, affirmed the district court's decision to dismiss Brody and Crawford's complaint for failure to state a claim upon which relief can be granted. REASON The Court noted that plaintiffs did not meet a contemporaneous trading requirement, a judicially -created standing requirement, which specified in Section 14(e) and Rule 14e-3 that the plaintiffs must have traded in a company's stock at about the same time as the alleged insider.In addition, the Court decided that the plaintiffs' complaint must specify the reason or reasons why the statements made by THC in its press releases were misleading. Brody and Crawford argued that in order for statement not to be misleading, â€Å"once disclosure is made, there is a duty to make it complete and accurate†, for which the Court found no support in the case law. The case law? only prohibits misleading and untrue statements, not statements that are incomplete. FOOTNOTES: ? Sections 10(b), 14(e), and 20(a) of the Exchange Act, 15 U. S. C.  §Ã‚ § 78j (b), 78n (e), and 78t (a), and Rules 10b-5 and 14e 3, 17 C.F. R.  §Ã‚ § 240. 10b-5 and 240. 14e-3, promulgated thereunder by the Securities Exchange Commission (â€Å"SEC†) ? Rule 10b-5 and Section 14(e) Full case: BRODY v. TRAN SITIONAL HOSPITALS CORPORATION Jules BRODY; Joyce T. Crawford, Plaintiffs-Appellants, v. TRANSITIONAL HOSPITALS CORPORATION; Wendy L. Simpson; Richard L. Conte, Defendants-Appellees. No.? 99-15672. Argued and Submitted July 11, 2001. — February 07, 2002 Before: HALL, WARDLAW and BERZON, Circuit Judges. Jeffrey S. Abraham, New York, NY, for the plaintiffs-appellants. Mark R. McDonald, Morrison & Foerster, Los Angeles, CA, for the defendants-appellees.In this case we address several securities fraud issues, centering on whether a plaintiff must have traded at about the same time as the insider it allege violated securities laws. ? Jules Brody and Joyce T. Crawford brought suit against Transitional Hospital Corporation (â€Å"THC† or â€Å"the company†) and its officers claiming violations of the Securities and Exchange Act of 1934 (â€Å"Exchange Act†) and state law because the defendants both traded in reliance on inside information and released misleading public information. ? The district court granted the defendant's motion to dismiss for failure to state a claim. Brody and Crawford now appeal the district court's order on several grounds. BACKGROUND In determining whether the complaint states a claim upon which relief could be granted, we assume the facts alleged in the complaint to be true. ?Ronconi v. Larkin, 253 F. 3d 423, 427 (9th Cir. 2001). ? The facts alleged in the complaint are as follows: THC was a Nevada corporation that delivered long-term acute care services through hospitals and satellite facilities across the United States. ? In August 1996, the company announced its plan to buy back from time to time on the open market up to $25 million in company stock. Two months later, THC expanded the repurchase plan to $75 million. On February 24, 1997, Vencor, Inc. submitted to THC's board of directors a written offer to acquire the company for $11. 50 per share. ? THC did not disclose this offer publicly. ? Between February 26 and February 28, THC purchased 800,000 shares of its own stock at an average price of $9. 25 per share. ? This $7. 4 million buy-back was in addition to another $21. 1 million that THC had spent purchasing its stock in the three month period that ended on February 28, 1997. The plaintiffs do not allege that the total repurchase exceeded $75 million. THC issued a press release on March 19, 1997, detailing the progress and extent of its stock repurchase program. ? The press release did not mention Vencor or any other party's interest in acquiring THC. The plaintiffs argue that because of this omission, the March press release was misleading. On April 1, 1997, Vencor increased its offer to purchase THC to $13 per share. ? In the next few weeks, THC also received offers from two other competing bidders. ? On April 24, after receiving all hree offers, THC issued another press release, stating that the company had â€Å"received expressions of interest from certain parties who have i ndicated an interest in acquiring† it. ? The same document also stated that THC had hired â€Å"financial advisers to advise the company in connection with a possible sale. † ? The plaintiffs argue that this press release was also misleading; because it did not state that substantial due diligence had already taken place, that THC had received competing offers exceeding $13 per share, or that a THC board meeting would take place two days later to consider these offers.At the board meeting, the THC board voted to negotiate a merger agreement with Select Medical Corporation (â€Å"Select†). ? On May 4, THC publicly announced that it and Select had entered into a definitive merger agreement and that Select would purchase THC at $14. 55 per share. ? Vencor thereupon threatened a hostile takeover. ? To fend off that maneuver, THC ultimately agreed, on June 12, to a takeover by Vencor rather than Select, at $16 per share. Brody and Crawford sold shares at times that sa ndwich the April 24 press release. ? Two days before that press release was issued, Crawford sold 500 shares at $8. 75 per share. ? Brody sold 3,000 shares of THC stock at $10. 50 per share on April 24, just after the press release was made public. ? The plaintiffs argue that had they not been misled by THC, they would have held onto their shares, and benefitted from their subsequent increase in value. Brody and Crawford filed a class action complaint against THC and its officers on August 28, 1997. ? In addition to alleging violations of Nevada state law, Brody and Crawford alleged violations of Sections 10(b), 14(e), and 20(a) of the Exchange Act, 15 U. S. C.  §Ã‚ §? 78j(b), 78n(e), and 78t(a), and Rules 10b-5 and 14e 3, 17 C.F. R.  §Ã‚ §? 240. 10b-5 and 240. 14e-3, promulgated thereunder by the Securities Exchange Commission (â€Å"SEC†). ? These claims focus on two aspects of THC's course of action: Brody and Crawford accuse the company of illegal insider trading beca use THC repurchased 800,000 shares of its stock between February 26 and February 28 without first disclosing that Vencor and other parties had expressed interest in THC. In addition, Brody and Crawford claim that THC, in its March 19 and April 24 press releases, materially misled them about THC's progress toward its eventual merger.The district court dismissed all of Brody and Crawford's claims. ? In so doing, the district court held that Brody and Crawford are not proper parties to assert any insider trading claims, as Brody and Crawford did not trade contemporaneously with THC. In addition, the district court decided that the plaintiffs failed to state a claim under Rule 10b-5 or any other law based on materially misleading information, as the press releases were not misleading under the applicable standards. The plaintiffs appeal these aspects of the district court's dismissal. We review de novo the district court's dismissal for failure to state a claim pursuant to Federal Rule of Procedure Rule 12(b)(6). ?Zimmerman v. City of Oakland, 255 F. 3d 734, 737 (9th Cir. 2001). DISCUSSION A.? Insider Trading As they pertain to insider trading, Section 10(b), Rule 10b-5, Section 14(e) and Rule 14e-3 make it illegal in some circumstances for those possessing inside information about a company to trade in that company's securities unless they first disclose the information. See, e. g. , United States v. Smith, 155 F. 3d 1051, 1063-64 (9th Cir. 998). ? This type of prohibition is known as an â€Å"abstain or disclose† rule, because it requires insiders either to abstain from trading or to disclose the inside information that they possess. The district court dismissed the insider trading claims, holding that the named plaintiffs could not assert them because they did not trade contemporaneously with THC. On appeal, Brody and Crawford argue that nothing in the applicable securities laws requires investors to have traded contemporaneously with insiders in order t o maintain a suit for insider trading. In addition, they argue that even if such a requirement exists, they in fact did trade contemporaneously with THC. 1.? Section 10(b) and Rule 10b-5 Neither section 10(b)1 nor Rule 10b-52 contain an express right of action for private parties. ? The Supreme Court has held, however, that proper plaintiffs may sue for damages for violation of the statute and rule. ? See Superintendent of Ins. v. Bankers Life and Cas. Co. , 404 U. S. 6, 13 n. 9, 92 S. Ct. 165, 30 L. Ed. 2d 128 (1971). Because neither the statute nor the rule contains an express right of action, they also do not delineate who is a proper plaintiff. ? In the absence of explicit Congressional guidance, courts have developed various â€Å"standing† limitations, primarily on policy bases. 3 For example, in Blue Chip Stamps v. Manor Drug Stores, 421 U. S. 723, 95 S. Ct. 1917, 44 L. Ed. 2d 539 (1975), the Supreme Court held that to bring an insider trading claim under Rule 10b-5, a plaintiff must have traded in the same stock or other securities as the insider trader. The contemporaneous trading requirement, at issue in this case, is another judicially-created standing requirement, specifying that to bring an insider trading claim, the plaintiff must have traded in a company's stock at about the same time as the alleged insider. ?In Neubronner v. Milken, 6 F. 3d 666, 669 (9th Cir. 1993), the Ninth Circuit adopted a contemporaneous trading requirement for Section 10(b) and Rule 10b-5 actions. ? See also In re Worlds of Wonder Sec. Litig. , 35 F. 3d 1407, 1427 (9th Cir. 1994). Neubronner explained that two reasons animate this rule: First, â€Å"noncontemporaneous traders do not require the protection of the ‘disclose or abstain’ rule because they do not suffer the disadvantage of trading with someone who has superior access to information. † ? 6 F. 3d at 669-70 (quoting Wilson v. Comtech Telecommunications Corp. , 648 F. 2d 88, 94 95 (2d Ci r. 1981)). ? Second, the contemporaneous trading requirement puts reasonable limits on Section 10(b) and Rule 10b-5's reach; without such a limitation, an insider defendant could be liable to a very large number of parties. Id. at 670. Brody and Crawford offer two reasons why the contemporaneous trading rule adopted in Neubronner should not here apply. ? First, they argue that the rule does not make sense, as a matter of statutory interpretation. ? In other words, they request that we declare that Neubronner's interpretation of Section 10(b) and Rule 10b-5 was incorrect. ? Although the decision in Neubronner is not beyond debate, we do not consider the question further, as a Ninth Circuit panel may not overrule a prior Ninth Circuit decision. ?Hart v. Massanari, 266 F. 3d 1155, 1171 (9th Cir. 2001).Brody and Crawford attempt to avoid this precedential barrier by claiming that Neubronner's implementation of the contemporaneous rule was dictum, and therefore not binding on us. ? It wa s not. ?Neubronner explicitly described its ruling regarding the contemporaneous trading requirement as a â€Å"holding. † ? 6 F. 3d at 670. ? In addition, the determination was a necessary predicate for the case's ultimate conclusion that contemporaneous trading must be pleaded with particularity. ? Id. at 673. Brody and Crawford's second submission in avoidance of Neubronner is that United States v. O'Hagan, 521 U. S. 642, 117 S. Ct. 2199, 138 L.Ed. 2d 724 (1997), overruled Neubronner. ? That assertion is simply wrong. ? O'Hagan, which was a criminal case, addressed neither the contemporaneous trading requirement in private actions nor any other standing rule. ? Instead, by approving of an expansive concept of who qualifies as an insider under Section 10(b), the Supreme Court in O'Hagan clarified that more defendants may be liable under Section 10(b) than some courts have previously thought. ? Id. at 650, 117 S. Ct. 2199. ? In so doing, the Supreme Court did not alter pre-e xisting notions concerning whom insiders harm when they trade based on privileged information. Brody and Crawford next argue that even if the Section 10(b) and Rule 10b-5 contemporaneous trading requirements remain, the court should define contemporaneous trades as trades that take place within six months of one another. ? Under this definition, Brody and Crawford would have standing, as they sold their stock just under two months after they allege THC bought the large block of stock in February. [3]? In Neubronner, this court did not decide the length of the contemporaneous trading period for insider trading violations under Section 10(b) and Rule 10b-5, 6 F. d at 670, nor has this court decided the question since. ? Because the two-month time period presented by the facts of this case exceeds any possible delineation of a contemporaneous trading period, it is not necessary in this case either to define the exact contours of the period. ? We simply note that a contemporaneous tradi ng period of two months would gut the contemporaneous trading rule's premise-that there is a need to filter out plaintiffs who could not possibly have traded with the insider, given the manner in which public trades are transacted. 2.?Section 14(e) and Rule 14e-3 Brody and Crawford also argue that the district court erred in dismissing their claims under Section 14(e)4 and Rule 14e-35 by holding that insider trading actions brought under Section 14(e) and Rule 14e-3 must also conform to a contemporaneous trading requirement. ? In making this argument, the plaintiffs urge that we hold for them on two matters of first impression: (1) whether a private right of action exists under Rule 14e-3; and (2) if a private right of action does exist, whether it contains a contemporaneous standing requirement. We can assume, without deciding, that a private right of action exists under Rule 14e-3, for we see no reason why the same contemporaneous trading rule that applies under Rule 10b-5 would n ot apply in such an action. ?As noted, this court has definitively adopted a contemporaneous trading requirement under Rule 10b-5. ? Although Rule 14e-3 differs in some respects from Rule 10b-5, (and was adopted in order to plug some holes the SEC perceived in Rule 10b-5),6 its core, like the core of Rule 10b-5, is an â€Å"abstain or disclose† requirement. And, as is true of the â€Å"abstain or disclose† requirement of Rule 10b-5, the similar requirement of Rule 14e-3 is designed to prevent the disadvantage that inheres in trading with an insider with superior access to information. ?45 Fed. Reg. 60411-12 (1980). ? So we would have to have some excellent reason to adopt a different standing rule under Rule 14e 3 from the one we use under Rule 10b-5. ? We are convinced that there is no basis for drawing such a distinction. The best candidate appellants have advanced as a basis for differentiating the standing requirement under the two Rules is Plaine v. McCabe, 797 F. d 713 (9th Cir. 1986). ?Plaine held that a plaintiff suing under Section 14(e) need not have traded at all, let alone contemporaneously. ? Id. at 718. The fulcrum of Plaine was a distinction suggested by Piper v. Chris-Craft Indus. , Inc. , 430 U. S. 1, 38-39, 97 S. Ct. 926, 51 L. Ed. 2d 124 (1977), between the types of shareholder protections contained in Sections 10(b) and 14(e): Piper noted that while Section 10(b) was enacted to protect only individuals who actually traded in stocks, Section 14(e) can be understood as protecting not only those who buy or sell stocks but also shareholders who decide not to trade. 430 U. S. at 38-39, 97 S. Ct. 926. ? Because Rule 14e-3 was promulgated under Section 14(e), the argument that a plaintiff who alleges insider trading under Section 14(e) or Rule 14e-3 need not worry about the contemporaneous trading requirement-because he need not have traded at all-has some initial plausibility. On a closer examination, however, Plaine does not speak to the issue at hand. Rather, Plaine focused only on non-insider trading claims brought under Section 14(e), and did not consider the standing requirements for an insider trading claim brought under Rule 14e-3. Section 14(e) broadly prohibits â€Å"fraudulent, deceptive, or manipulative acts or practices, in connection with any tender offer;† it does not contain any specific reference to insider trading. ? Rule 14e-3, on the other hand, focuses on one type of behavior, insider trading, whose prohibition is thought to prevent fraudulent, deceptive, or manipulative acts. ? See O'Hagan, 521 U. S. at 672-73, 117 S. Ct. 2199. ? In accordance with its specific, prophylactic focus, Rule 14e-3 applies to a different set of behaviors than does Section 14(e): Section 14(e) centers on the actual tender offer, whereas Rule 14e-3 regulates illegal insider trading that takes place while a tender offer is under consideration. ? As appellants' brief states, â€Å"[a]ll the elements of a Sec tion 14(e)/Rule 14e-3 insider trading violation are supplied by the language of Rule 14e-3. A comparison of the facts in Plaine with the facts in this case illustrates the difference between the Section 14(e) claim considered in Plaine and the Rule 14e-3 claim considered here. ? Plaine held shares in a company subject to a tender offer. ? She complained that false information in proxy materials had induced other shareholders to tender their shares. ? Because so many other shareholders tendered their shares, the merger went through at a price Plaine viewed as inadequate. Although Plaine did not tender her shares, the court ruled that she alleged injury occurring as a result of fraudulent activity in connection with a tender offer and had standing to assert her claim. ?797 F. 2d at 717. ? Plaine did not, however, allege insider trading, and therefore could not have made out a claim under Rule 14e-3. Brody and Crawford, on the other hand, did allege insider trading but did not allege t hat THC manipulated the tender offer process through the use of false information or by any other means. ? As such, the facts in the current case present a very different situation than that presented in Plaine. The circumstances do, however, bear a much closer resemblance to those in Neubronner, a Rule 10b-5 case centering around accusations of insider trading in violation of an abstain-or-disclose requirement. ? See Neubronner, 6 F. 3d at 667. Despite the similarities of the issues here and in Neubronner and between Rules 10b-5 and 14e-3, as applied to insider trading allegations, Brody and Crawford emphasize the differences between the Rules. ? Unlike Rule 10b-5, Rule 14e-3 does not require proof that a person traded on information obtained in violation of a duty owed to the source of the inside information. Instead, Rule 14e-3(a) creates a duty for a person with inside information to abstain or disclose â€Å"without regard to whether the trader owes a pre-existing fiduciary du ty to respect the confidentiality of the information. † ? O'Hagan, 521 U. S. at 669, 117 S. Ct. 2199 (quoting United States v. Chestman, 947 F. 2d 551, 557 (2d Cir. 1991) (en banc)). ? Although Rule 14e-3 thus expands the notion of who is an insider, it does not follow that the Rule also expands the class of shareholders who may complain when an insider trades without disclosing insider information. As a result, the fact that Rule 10b-5 and Rule 14e-3 are not identical does not lead to the conclusion that one has a contemporaneous trading requirement and the other does not. More importantly, perhaps, in this case, the allegation is that THC traded in its own stock on the basis of inside information. ? Such allegations would state a â€Å"†¦Ã¢â‚¬Ëœtraditional’ or ‘classical’ theory of insider trading liability [under] Rule 10b-5 based on ‘a relationship of trust and confidence between the shareholders of a corporation and those insiders who have obtained information by reason of their position with that corporation. †¦Ã¢â‚¬  ? O'Hagan, 521 U. S. at 651-652, 117 S. Ct. 2199 (quoting Chiarella, 445 U. S. at 228, 100 S. Ct. 1108). ? As such, this case is one that could be-and indeed, was-brought under both Rule 10b-5 and Rule 14e-3, and as to which any differences between the two rules regarding the necessary relationship between the insider and the source of information is not relevant. Brody and Crawford note another reason that, they argue, suggests an expansive reading of Rule 14e-3 is appropriate. In O'Hagan, the Supreme Court ruled that the SEC is permitted to promulgate rules under Section 14(e), such as Rule 14e-3, that prohibit acts not themselves fraudulent under the common law if the rules are reasonably designed to prevent acts that are. ?521 U. S. at 671-73, 117 S. Ct. 2199. ? This authority derives from the prophylactic rule-making power granted to the SEC by Section 14(e), a power that has no parallel in S ection 10(b). ?Id.That the SEC had more power to protect investors when it promulgated Rule 14e-3 than it did when it promulgated Rule 10b-5 does not mean, however, that the SEC exercised that power so as to protect noncontemporaneous traders under Rule 14e-3. ? And, in fact, what evidence there is demonstrates that the SEC did not intend to protect investors who could not have possibly traded with the insiders. In O'Hagan, the Supreme Court quoted at length from and afforded deference to the SEC's explanation of why it promulgated Rule 14e-3. Part of the Federal Register excerpt quoted in O'Hagan stated: The Commission has previously expressed and continues to have serious concerns about trading by persons in possession of material, nonpublic information relating to a tender offer. ? This practice results in unfair disparities in market information and market disruption. ? Security holders who purchase from or sell to such persons are effectively denied the benefits of disclosure a nd the substantive protections of the [legislation that includes Section 14(e)]. 21 U. S. at 674, 117 S. Ct. 2199 (quoting 45 Fed. Reg. 60412 (1980)). This quotation evinces a particular concern for those who â€Å"purchase from or sell to† insiders, and suggests that these shareholders, and not others who trade later, are the intended beneficiaries of Rule 14e-3. ? The contemporaneous trading requirement, designed to limit the class of potential plaintiffs to only those who could have possibly traded with the insider, is therefore precisely congruent with the SEC's expressed purpose in promulgating Rule 14e-3.In sum, Rule 10b-5 and Rule 14e-3 contain similar insider trading prohibitions, triggered by similar concerns. ? While Rule 14e-3 focuses on the tender offer context, the background history and language of Rule 14e-3 indicate that the Rule does not alter the premise that a shareholder must have traded with an insider or have traded at about the same time as an insider t o be harmed by the insider's trading. ? We conclude that there is no principled distinction between Rules 10b-5 and 14e-3 as regards the need for a contemporaneous trading allegation.We therefore extend the contemporaneous trading requirement to insider trading actions brought under Section 14(e) and Rule 14e-3 actions. ? Because Brody and Crawford traded nearly two months after they allege THC traded, they did not trade contemporaneously with THC. The district court was correct in dismissing their Rule 14e-3 insider trading claims. B.? Misrepresentation We next consider a different set of concerns addressed by the securities laws: Rule 10b-5 and Section 14(e)'s explicit prohibition against the making of untrue or misleading statements. The plaintiffs do not maintain that either press release issued by THC was untrue. ? They do argue, though, that THC violated the prohibitions against making misleading statements when it issued the two press releases here at issue. ? In order to sur vive a motion to dismiss under the heightened pleading standards of the Private Securities Litigation Reform Act (â€Å"PSLRA†), the plaintiffs' complaint must specify the reason or reasons why the statements made by THC were misleading. ?15 U. S. C.  §? 78u-4(b) (1); see also Ronconi, 253 F. 3d at 429.As an initial matter, Brody and Crawford correctly assert that a statement that is literally true can be misleading and thus actionable under the securities laws. ? See In re GlenFed Sec. Litig. , 42 F. 3d 1541, 1551 (9th Cir. 1994). ? But they err when they argue that in order for a statement not to be misleading, â€Å"once a disclosure is made, there is a duty to make it complete and accurate. † This proposition has no support in the case law. ?Rule 10b-5 and Section 14(e) in terms prohibit only misleading and untrue statements, not statements that are incomplete.Similarly, the primary case upon which Brody and Crawford rely for their innovative completeness rule su pports only a rule requiring that parties not mislead. ? Virginia Bankshares, Inc. v. Sandberg, 501 U. S. 1083, 1098 n. 7, 111 S. Ct. 2749, 115 L. Ed. 2d 929 (1991). ? Often, a statement will not mislead even if it is incomplete or does not include all relevant facts. 8 ? Further, a completeness rule such as Brody and Crawford suggest could implicate nearly all public statements potentially affecting securities sales or tender offers. No matter how detailed and accurate disclosure statements are, there are likely to be additional details that could have been disclosed but were not. ? To be actionable under the securities laws, an omission must be misleading; in other words it must affirmatively create an impression of a state of affairs that differs in a material way from the one that actually exists. ? See McCormick v. The Fund American Cos. , 26 F. 3d 869, 880 (9th Cir. 1994).We conclude that neither Rule 10b-5 nor Section 14(e) contains a freestanding completeness requirement; th e requirement is that any public statements companies make that could affect security sales or tender offers not be misleading or untrue. ? Thus, in order to survive a motion to dismiss under the heightened pleading standards of the Private Securities Litigation Reform Act (â€Å"PSLRA†), the plaintiffs' complaint must specify the reason or reasons why the statements made by THC were misleading or untrue, not simply why the statements were incomplete. 15 U. S. C.  §? 78u-4(b) (1); see also Ronconi, 253 F. 3d at 429. ?Brody and Crawford's allegations do not comport with this requirement. ? They allege, first, that the press release issued on March 19 was misleading because it provided information about THC's stock repurchase program but did not contain information regarding THC's possible takeover. ? Although Brody and Crawford specify what information THC omitted, they do not indicate why the statement THC made was misleading. ? If the press elease had affirmatively intimat ed that no merger was imminent, it may well have been misleading. ? The actual press release, however, neither stated nor implied anything regarding a merger. ?Brody and Crawford also claim that THC's second press release, issued on April 24, was misleading. ? Again, the plaintiffs do not argue that the press release was untrue. ? Instead, they argue that it was misleading because it stated generally that THC had received â€Å"expressions of interest† from potential acquirers, when in fact it had received actual proposals from three different parties. Importantly, the complaint does not provide an explanation as to why this general statement was misleading, nor is it self-evident that it was. A proposal is certainly an â€Å"expression of interest. † ? Moreover, the press release did not simply state that there had been vague â€Å"expressions of interest;† it went on to state that the â€Å"expressions† were â€Å"from certain parties who have indicate d an interest in acquiring either the entire company or in acquiring the company, with the company's shareholders retaining their pro rata interests in Behavioral Healthcare Corporation [a THC subsidiary]. ? This specificity concerning the nature of the parties' proposals certainly suggests that something more than preliminary inquiries had taken place. Further, the press release additionally stated that the â€Å"Board of Directors has engaged financial advisors to advise the company in connection with a possible sale. † ? This additional information again suggested proposals that were concrete enough to be taken seriously. ? And the reference to multiple parties contained in the press release suggests an ongoing auction for THC was taking place with at least two participants.In short, the press release did not give the impression that THC had not received actual proposals from three parties or otherwise mislead readers about the stage of the negotiations. ? Instead, althoug h the press release did not provide all the information that THC possessed about its possible sale, the information THC did provide-and the reasonable inferences one could draw from that information-were entirely consistent with the more detailed explanation of the merger process that Brody and Crawford argue the press release should have included. Put another way, Brody, if he read the press release, would have been on notice, before he sold his shares, of the distinct possibility that the value of the shares would increase in the near future because of a takeover contest. 9 [11] Because Brody and Crawford have not alleged facts indicating that THC's April 24 press release was misleading, the district court properly dismissed that aspect of the plaintiffs' complaint. CONCLUSION Brody and Crawford have not met the contemporaneous trading requirements necessary to have standing in the insider trading claims they assert. Additionally, they have failed properly to allege misrepresentat ion against THC. As a result, we affirm the district court's decision to dismiss Brody and Crawford's complaint for failure to state a claim upon which relief could be granted. AFFIRMED FOOTNOTES 1. ?Section 10, in relevant part, states: It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce or of the mails, or of any facility of any national securities exchange-?..... b)? To use or employ, in connection with the purchase or sale of any security registered on a national securities exchange or any security not so registered, or any securities-based swap agreement (as defined in section 206B of the Gramm-Leach-Bliley Act), any manipulative or deceptive device or contrivance in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors. 2. Rule 10b-5 states: It shall be unlawful for any person, directly or indirec tly, by the use of any means or instrumentality of interstate commerce, or of the mails or of any facility of any national securities exchange,(a)? To employ any device, scheme, or artifice to defraud,(b)? To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or(c)?To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security. 3. ?These â€Å"standing† limitations are not, of course of the constitutional variety, grounded in Article III of the Constitution, but simply delineate the scope of the implied cause of action. 4. ?Section 14(e) states: It shall be unlawful for any person to make any untrue statement of a material fact or omit to tate any material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading, or to engage in any fraudulent, deceptive, or manipulative acts or practices, in connection with any tender offer or request or invitation for tenders, or any solicitation of security holders in opposition to or in favor of any such offer, request, or invitation. ? The Commission shall, for the purposes of this subsection, by rules and regulations define, and prescribe means reasonably designed to prevent, such acts and practices as are fraudulent, deceptive, or manipulative. . ?Rule 14e-3(a) states:(a)? If any person has taken a substantial step or steps to commence, or has commenced, a tender offer (the â€Å"offering person†), it shall constitute a fraudulent, deceptive or manipulative act or practice within the meaning of section 14(e) of the Act for any other person who is in possession of material information relating to such tender offer which information he knows or has reason to know is non public and which he knows or has reason to know has been acquired directly or indirectly from:(1)? The offering person,(2)? The issuer of the securities sought or to be sought by such tender offer, or(3)?Any officer, director, partner or employee or any other person acting on behalf of the offering person or such issuer, to purchase or sell or cause to be purchased or sold any of such securities or any securities convertible into or exchangeable for any such securities or any option or right to obtain or to dispose of any of the foregoing securities, unless within a reasonable time prior to any purchase or sale such information and its source are publicly disclosed by press release or otherwise. 6. ?Chiarella v. United States, 445 U. S. 222, 100 S. Ct. 1108, 63 L. Ed. d 348 (1980), considered, but did not decide, the viability of a misappropriation theory of liability under Rule 10b-5. ?445 U. S. at 235-37, 100 S. Ct. 1108. ?(A misappropriation theory extends liability to some parti es who trade in a company's securities on the basis of confidential information but who have no special relationship with the company's shareholders. ) Following Chiarella, the SEC promulgated Rule 14e-3, which clearly creates liability for insiders who trade in connection with a tender offer and do not disclose the inside information, regardless of their relationship to the shareholders or the source of the information. Then in 1997, the Supreme Court decided O'Hagan, answering the question left open by Chiarella and deciding that Section 10(b) and Rule 10b-5 do create liability under a misappropriation theory. ?521 U. S. at 650, 117 S. Ct. 2199. ? The upshot is that Rules 10b-5 and 14e-3 largely overlap with regard to the scope of insider trader liability, although they differ in some respects not here pertinent. ? See p. 1004, infra. 7. As we discuss below, in O'Hagan the Supreme Court approved Rule 14e-3 as a prophylactic rule designed to prevent core violations of Section 14(e) . ? See p. 1004, infra. 8. ?For example, if a company reports that its sales have risen from one year to the next, that statement is not misleading even though it does not include a detailed breakdown of the company's region by region or month by month sales. 9. ?We note that Crawford sold his shares before the April 24 press release, so he could not have been influenced in his trading by the release. BERZON, Circuit Judge.

Civil Rights Era Essay Example | Topics and Well Written Essays - 750 words

Civil Rights Era - Essay Example Before the 1960s, other major nations like the United Kingdom had in various ways permitted higher levels of freedom to the Black community (Mohammed, 2010). Faith Ringgold had used the ‘N’ word in her painting thus to bring attention to the fact that it was high time the so called ‘nigger’ of the United States had his or her own freedom and rights respected. Clearly, the overall meaning of her work could be summed as a protest against racism. Living a fight that had been started by the civil rights movement, Faith Ringgold was more or less adding her voice to the call for the Black American to be respected by virtue of his color and the need to the Black community to be granted as much freedom and justice as the White community. In relation to the documentary, the N Word, which sought to review various meanings associated with the word nigger, one is right to say that the title of ‘Die Nigger’ used by Faith Ringgold was an advocacy call for the negative connotations associated with the word nigger and the personality of the African American, of which the painter was one, as nigger to die (Mohammed, 2010). In the opinion of the painters, the African America did not deserve any more continuation of nigger connotations and so the overall meaning of the painting was for the associated nigger to die once and for all. One unique social structure of the United States that distinguishes it from other major countries and cultures of this world has to do with the kind of identification they give to citizens who are not of original American descent. This identification is in the fact that they want to mention the original origin of the citizen in addition to the word, American. One of such identifications is Mexican-American. Interestingly, this does not end there. In the era prior to the civil rights freedom era, it was generally speculated and notion that Americans refused to give total freedom to the respect of the rights of thes e labeled Americans. In this vain, several civil rights groups sprang up among these labeled Americans who in most cases formed the minority group (Rogers, 2009). The Chicano Movement is one of such popular groups that were instituted to defend the human rights of Mexican-Americans. As a member of the Mexican-American himself, Mel Casas used his talent and profession as a painter to trumpet his side of the message for equality before the law. In support of his move, other famous methods of trumpeting the need for equality sprang up through the use of strange means like cartoon and commercials. PART 2 1. A s far as the representation of the two imagery are concerned, it can be seen that the artist took advantage of the power and authority behind the national flag of the United States to put her message of the need for absolute equality before the law across. It is not surprising therefore that the painting really was done in the image of the United States flag. Imperatively, one nati on that had all its people using the same flag needed to be treated the same but in the opinion of the artists this was not done. She therefore could not help than to use her painting to create the impression that some people among the American society had a different identity by virtue of the treatment they received in the hands of their own people. 2. The first point that confirms that the message in the work of

Maya Angelou's Work I Know Why a Caged Bird Sings Essay

Maya Angelou's Work I Know Why a Caged Bird Sings - Essay Example She eventually comes to the realization of her self-worth despite the many problems and instability that she has faced along her life. The book makes an effective presentation of the racism and segregation that blacks faced and the effect that the racism had on them. In the discussion, the imagery of the caged bird becomes evident. The choice of the title comes from the poem ‘Sympathy’. The title of the book serves to attract the reader to get to know the reason behind the singing by a bird that has already been caged. It also serves to remind the reader that in a racist community, there is always the risk that one may be deprived off their freedom or lose control over their situation. The caged bird in the book therefore comes to represent the different black people who have to confront racism on a daily basis yet succeed in keeping hope intact (Hagen 55). From a young age, Maya is confronted by the racist thoughts that are prevalent in her community. She is made to int ernalize the idea that being white with blond hair means that one is beautiful. She feels that she does not fit this description of beauty (she is fat and black) and she therefore goes through life considering herself an ugly child. While living at Arkansas, the community is segregated to the point where Maya wonders if white people truly exist as she does not come into contact with them. This means that at this age, the kind of racism that she is exposed to is not obvious, as she is not in contact with the whites. Just like a caged bird, Maya is trapped in a cage of negative self-image and a poor sense of self-worth, which are as a result of the exposure that she has received from the community (Nelson 18). At the beginning of the book, Maya makes the assertion that being aware of the displacement as a child was like having a razor placed at her throat. This comes from the awareness that she lacked a sense of belonging as a child. The awareness of the displacement that she faced ma de things worse for her as she could not associate with other children who she felt looked different from her. As Maya grows up, she is confronted with the harsh reality of racism. This is the racism that is obvious and directed to her as a young black woman. Examples of this racism can be seen when she is employed in a place where her white boss calls her Mary instead of Maya. This was a tendency by the with racists to call African names that sounded ‘white’. The whites also do this as a way of minimizing or negating the black person. She also visits a white dentist who refuses to treat her because she is black. During her graduation from the eight grade, one of the white speakers gives a racially condescending speech that shows the extent of racism in the society (Page 5). As a child, Maya sought escape from the harsh reality of racism by escaping into a world of fantasy. When Momma asks her to stand outside the white dentist’s office after he refuses to treat her, Maya imagines her mother having some sort of magical power and punishing the dentist. She even imagines that the dentist’s nurse is turned into a sack of food for the chicken. Maya has therefore created a fantasy world in which she can escape to when confronted with situations of racism (Bloom & Angelou 42). In the book, many characters attempt to show their resistance for racism. This resistance is shown in the different ways

Politcal Science Essay Example | Topics and Well Written Essays - 500 words - 4

Politcal Science - Essay Example The global political economy is mostly concerned with the political forces shaping up the systems where economic interactions are detailed. The global political economy centers itself specifically on the debate regarding the globalization regimes, the international trade mechanisms, the global markets, the financial discussions, the socio-economic climates within the world, and so on. The concept is a new one as it was brought to light in the 1970s. Its origin was due to a heterodox approach towards the global studies during this era. It occurred somewhere between the 1973 world oil crisis and the Bretton Woods system breakdown which put a red alert on the face of academics within the United States of America in terms of economic foundations, contingencies and importance elements. The global political economy bases its origin upon a few scholars, most noteworthy of which is Eugene Low who described that earliest studies of international relations had emphasized a great deal on the excessive discussion of law, diplomatic history and politics (Viotti & Kauppi 2006). It was at the same time when neoclassical economics was being seen with a skeptical eye as it was accused of being ahistorical as well as abstraction. The origin drew heavily on the historical sociology as well as the economic history where the global political economy proposed a merger of economic and political discussions and the related analyses. Both the Marxist scholars as well as the global political economy ones protested against the dependence of Western social science towards the territorial state as being the unit of analysis and more than that focused on the adoption of a global system in place. The current political economy is such that there is immense room for growth and advancements within the different nations of the world. What is needed now is a concerted effort on the part of each and every player so that the international domains become quick

Strategic Alliance between two companies Essay Example | Topics and Well Written Essays - 2000 words - 2

Strategic Alliance between two companies - Essay Example Consequently, the company sets up a strategic alliance with the latter that already has an established distribution network in the desired country of trade. This is a beneficial arrangement for both as the former company is able to expand its distribution network and the latter can improvise its existing product lines (Papageorgiou, Rotstein and Shah, 2001). The benefits that a company derives from a strategic alliance are the ability to hedge against uncertain and unprofitable situations, tap the potential of a new market, increase the knowledge base and obtain access to exclusive and critical information, which in turn strengthens its competitive position in the international market. A company is able to minimise on the transaction and distribution costs by way of engaging in strategic alliance. A strategic alliance also enables a company to be prompt and effective in pursuing an opportunity and to obtain resources that are absent. A company stabilises its resource base by leveragi ng the knowledge and resource base of the other. As a result, the company is able to gain easier access in the new markets and face lesser barriers to entry during an expansion plan. Strategic alliances, however, has to be formed in a very careful manner as these often fall through owing to mistrust between the two partners, especially when a large amount of competitive or exclusive information is involved. The benefits that a company derives from a strategic alliance are the ability to hedge against uncertain and unprofitable situations.

Company Overview Essay Example | Topics and Well Written Essays - 250 words

Company Overview - Essay Example Mr. Daryl Scholz is a project management coordinator that utilizes project management methodologies to plan, implement, and evaluate projects related to technology for the Information Technology Services department. Scholz works with numerous projects including, curriculum navigator, map works, student dashboard, centralized ticketing, web CMS, and the student portal. Even though Mr. Daryl Scholz is managing many projects, we narrowed it down to his latest accomplishment, the HuskeyNet Student Portal. The purpose of the HuskeyNet Student Portal Project was to create a user-friendly, customizable portal for student to use. It was student tested and students can implement ideas and suggestions to how or what they want the portal to have. Every project come with a challenge and the student portal did not escape to the rule. After working on the student health services and backing up thousands of student files. The student portal appeared at first sight to be an easier project. After meeting with different constituent and stockholder, they soon realize that the task was far from being a small project. Many aspects involved in this project was crucial to the success and satisfaction of students. â€Å" K and his team developed a plan that will help reach their goals. A time has to be set for the project to be delivered as soon as possible for student to be able test and implement it by fall 2012 with a period set , of one year and half, the team started refining and giving life to the project. At first sight the project presented many strength and opportunities. Students were thrill by this new look and were anxious to come and see it coming alive. The student portal was a great opportunity for workers to expand their professional skills. Instead of using it the same skills over and over again they had to master software like java. Despite K and his team was still worried about some weakness and threats that may appear along the way

Child abuse Assignment Example | Topics and Well Written Essays - 500 words

Child abuse - Assignment Example Children abused by family members who should be protecting them often lose trust for adults. Additionally, cultural values may restrict members from talking about sexual activities, making it more difficult for the child. The abused child may blame themselves for the abuse and as such may take long to talk to anyone about it. As a result, the abuse may go on for weeks, even months, before anyone knows about the atrocity. Abuse affects the child’s emotional, psychological, social and physical aspects of life which includes increased risk for depression, poor or lack of self esteem and post-traumatic stress disorder (PTSD). Avoidance of grilling the child for every detail or asking many questions, as this may overwhelm them. Instead, they should gently ask open-ended questions; at the same time reassuring the child that their secret is safe. The child should be taken to a pediatric hospital for check up of possible damage to the sexual organs. Furthermore, an experienced mental health professional should be contacted to help the child cope with trauma Teaching the child basic sexual education is important. Alternatively, a health professional could be engaged where the child learns accurate names given to private parts and how to take care of them so as to minimize reliance on older children or adults for help. Sexual advances from anybody should be discouraged, as well as inappropriate touching. Encouraging them to can make decisions concerning their bodies, for instance saying â€Å"no† when they do not want to be touched is important. Communication is an important part of developing trust with the child. Encouraging the child to ask questions when in doubt about sexual advances makes the child feel protected and is more likely to report any abuse. Child sex abuse occurs within family settings with a majority of the abused children being unable to report the atrocity, probably due to the trust they had on the perpetrator. Child sex abuse

US Intervention in Somalia, 1992 Essay Example for Free

US Intervention in Somalia, 1992 Essay The 1992-1993 intervention of the US forces, with UN authorization, in the fractured country of Somalia is a complex issue not just in terms of Somalian domestic politics, but also the constellation of foreign entanglements that were involved in this strategic part of the world. This brief essay will attempt to answer some key questions about the conflict itself, the American role and the diplomatic and power struggles internationally, especially given the strategic location of Somalia on the Indian Ocean trade routes and the controlling interest in the mouth of the Red Sea. The conflict itself is rather straightforward. The dictatorship of Said Barre was an eccentric one, since he attempted to combine the Islamic movement with that of Marxian socialism. But Barre, in this tribally fractured society, found himself at loggerheads with the powerful Hawiye tribe, as well as certain Islamic factions operating within the country, eventually to develop the Somali National Alliance (SNA), which, for reasons to be described below, became the main target of the American wrath. Concerning the basic structure of the conflict using the typology of Kriesberg, his concern for â€Å"interests and values† is very important, since the basic struggle, outside of its tribal basis, was one of independence from the west. If the SNA were to be victorious, than the US might well be shut out of this strategic area, and a hostile power would come into play, just when the US had helped oust the hated Marxist dictator in Ethiopia, Mengistu Hailie Maram. It is the contention of this writer that this specific reason underlies the entire US intervention in 1992-1993. But apart from interests and values, it seems that the Civil War in Somalia was a zero-sum battle, in that the Islamic movement had a very different agenda than the pro-Ethiopian movement. The victory of one meant the automatic loss for the other. The organizations themselves were both tribal and ideological, centering around the destiny of Somalia relative to the Arab-Israeli conflict, where the Muslims rejected the US presence in support of Israeli interests and the pro-western side sought to use Ethiopia to eliminate the Islamic movement of General Farah Adeed. Hence, in Kriesberg’s terms, these organizations were basically bi-focal, with two mutually exclusive agendas that eventually, in 1993, permitted the US government to hold that the Islamic movement is the great threat to Somalia (cf Kreisberg’s typology, 2006, 7-14). Now, the basic issues in the conflict concern, first of all, the actors themselves. After the disastrous war with Ethiopia in the late 1980s, the Barre regime in Somalia tottered, and eventually was overthrown by an military organization, backed largely by the Hawaye tribe, the United Somali Congress (USC). They overthrew Barre, but were incapable of managing the post-war world. Hence, the development of the Civil War and the rise of Addid’s SNA. The CIA maintained a major post in Kenya, and the US maintained a air base in Ethiopia where spy planes can traverse the Middle East (Griswold, 2007). After the overthrow of the communist DERG state in Ethiopia in 1991, the western backed government intervened regularly in the conflict within the US frame of reference. Hence, it seems that the American approach was to either restore Barre in power or create a coalition of anti-Adeed forces (preferably led by militia leader Ali Mahdi (US Army, 10). None of this worked, and Adeed seemed to emerge from the conflict victorious, as he played upon the anti-colonialist struggle against the United States and successfully engendered hatred against the US (Kaemph, 2007). Therefore, in general, the Somali war pitted Adeed’s forces against both the Ethiopians and the United States. In addition, the state of Eritrea was also involved, and received both Israeli and American backing from its independence against he former communist government of Ethiopia. Hence, the Eritreans were used against the Adeed government and the state itself became a base for the anti-Islamic movement. Eritrea was very useful for the United States and Israel (who certainly had an interest in the Red Sea being open to western trade), since they fought with the Islamic government of Sudan, and became a part of the peace-keeping efforts of the US in that country, also with the ultimate purpose to eliminate the influence of the anti-US and anti-Israeli Islamic movement. Hence, the causes of the conflict and the American intervention are woven within the functioning of the actors themselves within an international context. To put it simply: the US, the UN and Israel supported Ethiopia and Eritrea (though these two have fought in the past), as well as what was left of the Barre regime. Barre himself had offered several oil concessions to American oil firms not to long before his overthrow, and hence, the major oil firms and the US government had an interest in his movement, discredited thought it was (Kretzman, 2003). The major purpose was to keep any coalition that could be formed by Adeed and the anti-US forces under both a nationalist and Islamic banner. The US Army holds in its official account of the war that psychological operations (PSYOPS) were the order of the day in the Somali countryside. This ominous methodology is not elaborated upon in the Army’s description of events (US Army, pub 70-81-1, p 10). At the same time, the CIA was providing the basic logistical support for the intervention out of Kenya. Given this background, the major issues that motivated the American intervention might be reduced to four. First, the control of any oil found in Somalia and, more importantly, the massive oil reserves of Sudan. The two conflicts are very similar in that both Omar Bashir and Adeed are anti-US and anti-Israel, and are fighting for a country that has at least some oil reserves that can be exploited. Secondly, both the US and Israel have an interest in keeping Islamic movements out of power in this strategic area, since such movements may well join with Iran and Russia against American oil interest in the area. Third, to maintain a secular and pro-western state in both Ethiopia and Eritrea. Fourth, to keep friendly powers in charge of Somalia in order to keep both the Red Sea and the Indian Ocean free of hostile powers, since major shipping goes though these areas, and importantly, oil shipping. But similarly, this is all based on a certain geography: Somalia is highly strategic for the above reasons–this eastern horn of Africa sits upon oil and major shipping lanes that cannot fall to hostile powers. But the area of the US intervention, it should be noted, only developed in the extreme south and west of the country, not accidentally the area bordering Kenya, where the CIA maintains a large base and listening post (Griswold, 2007). The US, as part of its PSYOP mentality, hit the radio stations belonging to Adeed, as well as attempting–unsuccessfully–to harm his infrastructure. The reality of the situation is, in the chaos of the war, the Islamic movement of Adeed developed his own social services and social infrastructure, not unlike Hamas in Palestine. To destroy this became the main purpose of the 1992-1993 intervention and largely dictated the popular hostility of the masses to American intervention. Adeed successfully created his own anti-PSYOP mentality by holding the Islamic faith and using nationalist ideas to mobilize the country to his cause. Hence, the nonsense about feeding the â€Å"starving masses† should not even be taken seriously, since the only man who successfully rebuilt at least a modicum of social services became the main target of US attacks (Kaemph, 2007). Hence, several things can be said in conclusion. First, oil is an important issue here, both in Sudan and Somalia. This is one of the most important motivating influences behind the intervention in 1992. But this oil is not sitting in the ground, it is being shipped worldwide, and hence, the Indian Ocean routes near Africa and the Red Sea both need to be kept open, and hence, Somalia, Eritrea and Ethiopia are central actors here. Second, the Eritreans were encouraged in their independence drive under the communist DERG state in Ethiopia by both the US and Israel so as to maintain a pro-western state there. Eritrea hence, sought to support the US in the conflict with the purpose of maintaining its independence and legitimacy. The Islamic forces in Sudan and the SNA wanted an Islamic and nationalist state to fight the west and the Israelis. For the US, this was unacceptable and might be the central issue in the entire American mentality of the time. The reality is that Adeed won–and he won using anti-colonial rhetoric that saw the US as invaders, not interveners. Third, the American PSYOP organization, with CIA backing fizzled. They failed to convince the population that the US was their friend. The very fact that Adeed’s own infrastructure was attacked proved to most that the US was there for the sake of realpolitik, not humanitarian aid, a rather silly â€Å"official† story from Washington, given the strategic nature of the area. Since PSYOPS are little more than brainwashing, Adeed certainly seems to have the moral high ground here–he had the money and the power, as well as the support and military training to make his movement work. Insofar as Kriesberg’s organization typology (cf pg 12), the reason for the American intervention is that it seemed that Adeed’s forces could not be beaten. His main opponent, and a recipient of US money, Mahdi, had no real military training and was no match for Adeed (US Army, 10). The former forces of Barre were also fractured and demoralized, and hence, to keep Adeed out of power, intervention was necessary. But what remains central is that the official reason for the American involvement was not only false, but laughable. Not even an armchair analysis could hold that humanitarianism was the central issue when which globally strategic issues were at stake. An Islamic government in Sudan and Somalia could spell doom for the American interest in the shipping lanes of the area, and might well serve to harm the states of Ethiopia or Eritrea. Israel’s interest were also central, since the US presence in northeastern Africa is substantial and is a major base for operations against he enemies of the Israeli state such as Iraq (formerly) and Iran, not to mention Sudan or even Libya. The US, in short, appeared as an amoral colonial invader against the genuinely popular Adeed forces. Ultimately, the Somalia failure proved the problematic nature of American post-Cold War foreign policy. First, her official rationale made little sense. Second, the simple battle for American interests will not win the US forces respect throughout the world (Allard, 1995). The nations of the world will work out their own problems without CIA meddling, which only rarely provides a lasting solution (though few could doubt that the fall of Mengistu in Ethiopia was not a good thing). But lastly, what seems to come out of the Somalia failure is the simple fact that the US drive for global empire is doomed to fail, and what should come out of the decay of the bi-polar world is not a uni-polar world or even an multi-lateral one, but the simple concept of self determination for all the nations and people’s of the world according to their own lights, not dictates from Brussels, New York or Washington. Bibliography: Allard, K.. (2005) Somalia Operations: Lessons Learned. Washington: National Defense Griswold, Diedre (Jan 7, 2007) â€Å"Why Somalia has no National State. † Workers World. http://www. workers. org/2007/world/somalia-0111/ (This is a communist publication that should be taken with a grain of salt but it does have some interesting observations about the CIA’s role in the area, as well as Israel’s) Kriesberg, L. (2006). Constructive Conflicts. Rowman and Littlefield. Kretzman, Steve (2003). Oil Security, War and the Geopolitics of United States Energy Planning. Multinational Monitor, Jan/Feb. (http://www. thirdworldtraveler. com/Oil_watch/Oil_Security_War. html) United States Army (nd). The US Army in Somalia. CHM Publication 70-81-1

The English sports Essay Example for Free

The English sports Essay The English sports council calculates that there are 70,000 pitches in England alone. Half of the total pitches are used for recreational football matches and practices. Another 1/4 for cricket. The remaining usage being for sports such as hockey and rugby. There are also 300 artificial grass pitches in addition. I have chosen a sports club called Esporta. It provides many of activities for its customers, such as: Crche, holistic activities, Pilates spinning, step, toning etc all through the week. For popular national sports such as football, rugby league, rugby union, cricket, golf, motor racing, and horse racing, spectating plays a large part.   Old Trafford home of Manchester United footballs club is not only a stadia / a venue for footie matches but has also hosted rugby league matches and even pop concerts. Its becoming more popular to have multi-purposes stadia, it saves space and money and maintenance costs. It has been developed by increasing its capacity, improving parking facilities and making it an all seater facility. They are privately provided by companies aiming to make a profit.  In 1998 consumers spent an estimated à ¯Ã‚ ¿Ã‚ ½3,500 million on sportswear and equipment and manufacture such as Nike, Adidas, Puma, Reebok, have all become household names. Spots division and JJB sports have 449 outlets between them throughout the UK. They are all private. Heritage sites and\attractions  There were 396 million people who visited visitor attractions in 1998.It is estimated that UK heritage attractions attracted over 50 million visitors in the same year.  There is a varied range of attractions such as historic buildings, e.g. Windsor Castle to local traditions e.g. Morris Dancing. Both these attractions are completely different but linked in that they are both heritage attractions. Some heritage attractions are sightseeing places and some are historic and some are cultural. Also know as outdoor pursuits, there are over a thousand in the UK that specialise in providing this type of holiday. Skern Lodge, Devon is an outdoor activities centre. It provides visitors with a range of services, including accommodation, meals, transport and instruction in a wide range of outdoor activities such as canoeing, sailing, raft building, climbing, archery, and plenty more. It also has swimming pools, games field, bar and recreation lounge. Home-Based Leisure  There is likely to be an increase in consumer spending in areas such as audio equipment and television by over 30% between 1998 and 2003. The decline lies on reading books and newspapers are with the recent development of DVDs and videos.  The private sector dominates the market for home-based leisure. The volume of UK spending on home-based leisure is around 40 billion.