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egulation of Mergers
Government regulation of mergers and expansion in the smartphone operating systems market primarily protects consumers and encourages free market competition. There are antitrust laws that protect wireless consumers and promote competition against monopolistic practices.
Simply put government regulation is needed to allow more competitors to enter the market. Therefore offering consumers more innovative smartphone operating system choices and options.
Another advantage of regulation is to ensure pricing of products is not overly burdensome to consumers or generating an unreasonable profit for the corporations involved.
Mergers should not unfairly take advantage of consumers or force them to use their products or services due to dominating by monopolistic strategies.
Intervention of Government in Mergers
The rational of the Department of Justice overseeing regulations concerning mergers of corporations is to ensure free or open market competition (Stewart, 2011). This allows multiple software companies to develop new technological products that differentiate…
Ferner, M. (2011). 11 credit card apps swipers for iPhone, android, and blackberry. Practical Commerce. Retrieved February 27, 2012 from http://www.practicalecommerce.com/articles/2497-11-Credit-Card-Apps-Swipers-for-iPhone-Android-and-BlackBerry
Michaels, R.J. (2011). Transitions and strategies. South Western Cengage Learning.
Stewart, J.B. (2011). Antitrust suit is simple calculus. Retrieved February 27, 2012 from http://www.nytimes.com/2011/09/10/business/att-and-t-mobile-merger-is-a-textbook-case.html?pagewanted=all
TabletPCDevices.com. (2010). Tablet PC reviews and comparisons. Retrieved February 27, 2012 from http://www.tabletpcdevices.com/
In order to make its monitoring and revising effective, an institution ought to predict, as best it can, how many minorities and women it would select over time, were it successfully nondiscriminating. Organizations were expected to set and meet goals for hiring women and minorities; they were forced to analyze their hiring and retention processes. Previously, an organization with strictly white male leadership never had to think twice about why that was. Were only white males qualified for the job or was it discrimination at work? Organizations now had to qualify and quantify their activities as well as scrutinize their hiring and retention practices. They were now forced to answer the hard questions. Such as why are women only hired as secretaries or why do blacks leave the firm at a much higher rate than whites? Organizations face a shifting landscape where the population is no longer majority white or…
Bohlander, G. & Snell, S. (15th ed.). (2010). Managing Human Resources (618).
Mason, Ohio: South-Western, Cengage Learning.
Styles, Marquita. (1995). The Origins of Affirmative Action. Retrieved on March 10, 2010 from: http://www.now.org/nnt/08-95/affirmhs.html
The 'No One Deserves His or Her Talents' Argument for Affirmative
chools are arranged in a prison-like fashion, making it difficult for children to be motivated or to learn. They are then robbed of opportunities to make something of their later lives. In this way, it becomes a cycle of poverty for parents, their children, and also for future generations.
Government regulations that drive the cost of living beyond the grasp of those with lower income levels complicates the issue further. This is therefore a significant obstacle in meeting the needs of the target population, the children of Louisiana. Government regulations in combination with a lack of adequate funding for programs to help these children, make it very difficult for the social professional to uplift such children from their circumstances. Indeed, the situation in Louisiana, not only for children, but also for families, have been very difficult both before and since the hurricane. This is not least so because the government…
National Association of Child Welfare. (2007). "Child Welfare Initiative." http://www.naswdc.org/pressroom/initiatives/childWelfare/cwInitiative.asp
National Center for Children in Poverty. (2006). "Who are America' Poor Children? http://www.nccp.org/pub_cpt05b.html
Smith, Bob. (2007, March 20). "Creating poverty - one thing government does successfully. http://libertyed.org/noforce/2007/03/creating-poverty-one-thing-government.html
government regulation is needed, citing the major reasons for government involvement in a market economy.
Markets can serve as efficient methods to distribute and allocate resources. However, there are many cases in which the system can actually produce severe inefficiencies. One problem that the world is currently facing is accounting for externalities; especially in regards to environmental issues and climate change (Tietenberg & Lewis, 2000). Other examples can include monopolistic conditions in which firms can charge more for their products and services than under conditions of competition.
Other inefficient economic conditions that can arise under situations of monopoly or oligopoly are that there are significant barriers to entry in the industry. These barriers are constructed by factors such as high fixed costs, availability of resources, and brand loyalty. Smaller firms that wish to enter the market will not have the necessary resources to compete with these large firms. Also in…
Close, A. (N.d.). Decomposing Brand Loyalty. Retrieved from Terry College of Business: http://faculty.unlv.edu/angeline/CloseLoyaltyLogit.pdf
Fich, E., Rice, E., & Tran, A. (2011, July 21). Merger bonuses, synergies, and target shareholder wealth. Retrieved from MBS: https://research.mbs.ac.uk/accounting-finance/Portals/0/docs/Merger%20bonuses,%20snergies,%20and%20target%20shareholder%20wealth.pdf
Michaels, R. (N.d.). Electricity and Regulation. Retrieved from Economics and Liberty: http://www.econlib.org/library/Enc/ElectricityandItsRegulation.html
Tietenberg, T., & Lewis, L. (2000). Natural Resource Economics. New York: Pearson.
AP ire. (8 Mar 2005) "Anti - Monopoly Agency Rules Against Intel. The New York Times. Business News. Retrieved 8 Mar 2005 at http://www.nytimes.com/aponline/business/AP-Japan-Intel.html
One of the central concerns regarding government regulation of businesses and the establishment of monopolies is to protect the consumer by creating an open sphere of market competition. But what of a marketplace where a non-sanctioned monopoly has ensued where the consumer is not being unduly harmed? The economic theory of supply and demand holds that when supplies are kept artificially low, prices are kept artificially high. Traditionally, the defense against prohibiting monopolies are that "in a market that has only one or few suppliers of a good or service, the producer(s) can control price, meaning that a consumer does not have choice, cannot maximize his or her total utility, and has have very little influence over price." (Investopedia, 2005) But even when a firm does…
AP Wire. (8 Mar 2005) "Anti - Monopoly Agency Rules Against Intel. The New York Times. Business News. Retrieved 8 Mar 2005 at http://www.nytimes.com/aponline/business/AP-Japan-Intel.html
Investopedia. (2005) "Economics Basics: Monopolies, Oligopolies, and Perfect Competition." Investopedia.com. Retrieved 6 March 2005 at http://www.investopedia.com/university/economics/economics6.asp
Government regulations may have played a role in the creation of the crisis, but there were many causes of the crisis and indeed many different negative outcomes. The credit crisis in particular occurred when the financial system began to collapse under the weight of bad assets that had been purchased under the assumption that they were AAA quality. This calls to account three areas where added regulation could have at least mitigated the fallout from the credit crisis.
The first set of regulations would have been with respect to leverage in the banking system. Too many banks carried too much leverage, mainly in their investment banking operations. As a result, when the bottom fell out of the MBS market, these banks developed solvency problems. As a general rule, banks that did not take on too much debt did not have solvency problems, and would have been able to keep…
Government regulation affects the international expansion in a few different ways. In China, most banks are state-owned. Those that are not, such as Minsheng, still are subject to considerable regulation. The government had to approve the purchase of the shared in UCBH, and it had to approve UCBH's purchase of BDB. The bank is free to pursue whatever opportunities it desires, but all transactions that involve overseas expansion are subject to government approval, and the process is not particularly transparent. It is expected, however, that the regulatory regime is going to be less strict in the future, following China's accession to the World Trade Organization. As regulations decrease, opportunities both for Chinese banks to expand internationally, but also for foreign banks to move into the Chinese market.
That said, the government still controls "the establishment, registration, scope, qualification, supervision, dissolution and liquidation of foreign financial institutions" in the…
Healthcare Government egulations
The role of government regulatory agencies and government regulations in general is particularly important in health care. The reasons for this are many, but the most important of those reasons is that health care delivery is a special case with regard to consumer use, as to some degree all individuals have the right to safe and ethical treatment and treatment that above all else does no harm. Government regulatory agencies and government regulations therefore become a sort of watch dog for healthcare, attempting to make sure that treatment to all patients is safe, ethical and equitable. Government regulatory agencies are especially keen on identifying universal barriers to health care by establishing public insurance, rules and regulations as well as funding and also attempting to eradicate some of the health care disparities that exist today. To do so they have created and regulate many pieces of legislation that…
By the Numbers. (2011). Modern Healthcare, 41(27), 9.
Prial, D. (2007, July 18). A painful prescription. Record, The (Hackensack, NJ).
Rothstein, M.A. (2011). Currents in Contemporary Bioethics. Journal Of Law, Medicine & Ethics, 39(1), 91-95. doi:10.1111/j.1748-720X.2011.00553.x
Webster, P. (2011). Value of e-prescribing questioned. CMAJ: Canadian Medical Association Journal, 183(14), 1575.
government's anti-trust regulations in the case of PeaceHealth, a non-profit health system that operates several hospitals in the Pacific Northwest. PeaceHealth, based in Bellevue, has steadily acquired several rural hospitals in ashington, Oregon and Alaska. Because of its broad network, PeaceHealth has become the object of government anti-trust legislation.
In 2002, the Oregon-based McKenzie-illamette Hospital filed an anti-trust lawsuit against PeaceHealth. McKenzie-illamette claimed that Peacehealth gave regional insurers deep discounts and different rates for the same services. This practice involved healthcare insurance companies like Providence Health Care Plan and Regence Blue Cross Blue Shield. According to the McKenzie-illamette, Peacehealth cut its rates for Regence, in return for the removal of McKenzie-illamette from Regence's preferred provider list. Similarly, Peacehealth's discounted rates for HMO services resulted in the removal of McKenzie-illamette from Providence's list of preferred healthcare providers (Harwood 2004).
In the anti-trust lawsuit, McKenzie-illamette charged that its patient visits declined as…
Harwood, Joe. 2004. "Washington-based PeaceHealth denied new antitrust trial." The Register Guard. October 2.
Government Regulations and Hospice
Government Regulations Affecting Health Care in Hospice
Regulations Affecting Health Care in Hospice
Impact of rules on Hospice services
This paper focuses on how government regulations impact hospice. The paper starts off with an introduction to the hospice system that was revived by a nurse, Cecily Saunders, who then went on to become a physician, establishing one of the first modern hospices. The concept of total pain is explained in some detail. The body of the paper then includes the studies that have been conducted on patients and caregivers in hospice systems as well as on people who died after they were diagnosed with terminal illness resulting in death in six months following the prognosis. The overall conclusion that can be drawn here is that while in Japan there is a marked need for improving the Day hospice system, the American hospice industry…
American Medical Directors Association. (n.d.). White Paper on Palliative Care And Hospice In Long-Term Care. Retrieved March 10, 2012, from American Medical Directors Association: http://www.amda.com/governance/whitepapers/palliative_care.cfm
Carlson, M.D., Morrison, R.S., Holford, T.R., & Bradley, E.H. (2007). Hospice Care: What Services Do Patients and Their Families Receive? Health Services Research, 42(4), 1672-1690.
Centers for Medicare & Medicaid Services. (2008). Medicare and Medicaid Programs: Hospice Conditions of Participation; Final Rule. Federal Register, 73(109), 32088-32220.
Christakis, N.A., & Escarce, J. j. (1996). Survival of Medicare patients after enrollment In hospice programs . The New England Journal of Medicine, 172-179.
The same survey quoted by Ries noted that 92% of respondents do not trust online companies to keep personal information confidential and 82% believe that the government should regulate use of personal information by online companies. (FTC Study, 2-3)
If companies do not respond, not only will business stand in danger of being over-regulated by the government, but also consumers may not trust sites and withdraw their business. This was recognized, not by a liberal publication, but the stalwart defender of capitalism known as Business eek. To stem consumer privacy fears, the publication proposed a four-point plan to protect online consumer privacy through relatively non-invasive federal legislation. The plan has the added advantage of being similar to the data privacy requirements adopted by the European Union, another concern, given the increasingly international nature of internet commerce -- and it might be added the United States cannot afford to lag behind…
Business Week. (29 Mar 2000) "Online Privacy it's time for rules in Wonderland." Retrieved 5 Mar 2005 from www.businessweek.com.Online version, www.businessweek.com/2000/00_12/b3673001.htm
FTC. (2000) "Privacy Online." A Report to Congress. Retrieved 5 Mar 2005 from www.ftc.gov/privacy/index.html
Ries, David. (2001) "Protecting online consumer privacy: an overview." Pbi.org. Retrieved 5 Mar 2005 at http://www.pbi.org/Goodies/privacy/privacy_ries.htm
The Japanese Government to usiness Model
The Japanese government has more direct control of private business. The difference is that it is doing so, as a partner to ensure that the business is able to maintain successful long-term economic growth. The government does not offer subsidies or any kind of bail outs. Instead, they help companies through loans, tax breaks and other forms of assistance. This helped to contribute to the success of the Japanese auto industry by allowing executives to focus on how their organization can grow in the future. (Johnson, 1985)
usiness, government and the Liberal Democratic Party in Japan
The Liberal Democratic Party helped to liberalize the relationship that the government would have with the auto industry. As it would be successful in helping Japan to eliminate protectionism; this is something that would allow Japanese cars to become more competitive in markets around the world.…
Automobile Industry Introduction. (2010). Retrieved May 6, 2010, from Plunkett Research website: http://www.plunkettresearch.com/Industries/AutomobilesTrucks/AutomobileTrends/tabid/89/Default.aspx
CAFE Overview. (2010). Retrieved May 6, 2010, from NHTSA website: http://www.nhtsa.gov/cars/rules/cafe/overview.htm
Federal Motor Vehicle Safety Guidelines. (n.d.). Retrieved May 6, 2010 from NHTSA website: http://www.nhtsa.gov/cars/rules/import/fmvss/index.html
G8's Gradual Move. (2008, January 25). Retrieved May 6, 2010, Council of Foreign Relations website: http://www.cfr.org/publication/13640/
For the government and the companies involved, the resultant lack of competition is easily controlled in terms of what is broadcast. The government can then more easily dictate what the public is to receive via the airwaves. For the companies involved, increased growth means increased revenue and success.
For the public, the most obvious disadvantage of the lack of competition means a probably lack of objectivity in broadcasting. This has implications for the ideals of freedom of the press and the public right for accurate information. On the other hand, an advantage is an increase of choice in terms of products offered by the large broadcast networks. Some for example have begun to offer Internet broadcasting stations, providing users with a wider variety of listening choices.
According to ret a. Fausett (2003), the FCC's new directive towards FM radio during the 1960s stimulated healthy competition and experimentation. New audiences were…
Fausett, Bret a. (2003, Jan. 13). Radio, Radio. Dr. Dobb's Portal. http://www.ddj.com/architect/184411623
Noam, Eli M. Media Concentration in the United States: Industry Trends and Regulatory Responses. http://www.vii.org/papers/medconc.htm
It has even created a new network of medical clinics that provide easy access to medical treatment at affordable prices at an efficient pace for such routine treatments as strep throat cultures, physicals for jobs or athletics, flu shots, and other procedures that enable people to pay a reasonable rate for timely care, which would not be given to them in a system of national coverage, and which would cost them more at a doctor's office that accepted their insurance (if they have insurance) because of the extra bureaucracy and paperwork necessary to validate insurance coverage ("al-Mart Medical Clinics," 2006, Healthcare NBIC).
The example of al-Mart illustrates how the marketplace is infinitely more responsive to the needs of the public out of its own self-interests. Necessity is the mother of invention and also the kind of personal initiative that pulls people out of desperate circumstances. Less government regulation would enable…
Rivlin, Alice. "Why Can't We Get things Done?" Chapter 66.
From The Brookings Bulletin. Washington D.C.: The Brookings Institute.
Wal-Mart Medical Clinics." (Feb 2006). Healthcare NBIC. Retrieved 17 Jan 2007 at http://in3.typepad.com/hnbic/2006/02/walmart_medical.html
Governments should limit their interference in market progress.
The recent Presidential election was billed as a choice between two visions for America. Unfortunately for voters, there are many other visions that were not presented as viable options. If those options had been presented, voters may have chosen them. One such alternative political philosophy is libertarianism, which makes the case that government should interfere as little as possible in the daily lives of Americans. This is especially true in the economic realm -- whether it is regulation or tax handouts to powerful donor lobbies, the two big parties are equally culpable for creating needles burden that constricts the growth of the American economic engine.
Decentralization of government is a key concept. Manor (1999) notes that there has been a trend towards the decentralization of government worldwide. This trend is occurring because governments realize that decentralization can spur economic growth and alleviate…
Ehrlich, I. & Lui, F. (1999) Bureaucratic growth and endogenous economic growth. Journal of Political Economy. Vol. 107 (6) 270-293.
Krueger, A. (1990). Government failures in development. NBER Working Paper #3340. Retrieved November 16, 2012 from http://www.nber.org/papers/w3340.pdf
Manor, J. (1999). The political economy of democratic decentralization. The World Bank. Retrieved November 16, 2012 from http://elibrary.worldbank.org/content/book/9780821344705
Qian, Y. & Weingast, B. (1999). Federalism as a commitment to preserving market incentives. Journal of Economic Perspectives. Vol 11 (4) 83-92.
Developing a Federal Acquisition Team: everse Engineering a Standard Forestry Project to Determine Team equirements
The selected project is controlled by the Forestry Department, which is part of the Department of Agriculture, placing the project under the auspices of Chapter 4 for the Federal Acquisition egulations, which themselves make up Title 48 of the Code of Federal egulations (e-CF, 2012). elevant paragraphs include a provision that all Head of Contracting Activities (HCAs) comply with FA 7.103, detailed further below (e-CF, 2012, Title 48, Chapter 4, Part 407, par. 407.103). In addition, paragraph 407.503 of the same chapter provides provisions for the determination of whether or not a proposed contracting function is "inherently governmental" according to FA 7.503(e), and also sets out rules for settling disputes when there is not agreement on this issue (e-CF, 2012). It is not expected that this will be of issue in…
e-CFR. (2012). Electronic Code of Federal Regulations. Accessed 22 April 2012.
PAYCO NSFR #2210 (2012).
PAYCO NSFR #2210 Recons. Drawing. (2012).
egulation in Nursing
egulatory and Accreditation Body Paper
egulatory and accrediting bodies and how they impact nursing education
What is the difference between regulation and accreditation? Because regulatory and accreditation bodies are often spoken of in the same breath, it is easy to confuse the two. Both are pertinent to the role of nursing faculty, given that a nursing educator must prepare her students to conform to the standards of the nursing profession, including obtaining licensure. The nursing profession is regulated in the sense that there are barriers to entry even after a nurse has completed a course of study, and faculty must keep this in mind when designing instructive materials. Additionally, nursing programs themselves must receive accreditation from an outside source to ensure they meet specific curriculum standards in terms of the education they provide. There is widespread acknowledgement for the need for both regulation and accreditation to ensure…
Barnum, B. (1997). Licensure, certification, and accreditation. Online Journal of Issues in Nursing Available 2(3)1. Retrieved: http://www.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/OJIN/TableofContents/Vol21997/No3Aug97/LicensureCertificationandAccreditation.html
CCNE Accreditation. (2013). CCNE. Retrieved:
FAQ. (2013). AAAC. Retrieved:
The public commenting period is near the end of the promulgation process, after a bill has become law. The public comments are taken into account by the agency affected by the law when the agency is putting together its regulations to comply with and enforce the law. There is little that can be done to change the law at this point, other than to challenge it in the courts. However, earlier in the promulgation process, when a proposed regulatory change is still before Congress, it is possible to get invited to give testimony on the proposed change before a Congressional hearing, if a person is familiar with the subject at hand and intimately involved with it.
In order to set aside the regulatory changes, the court must determine that the change is arbitrary, capricious, an abuse of discretion, and/or otherwise not in accordance with federal law. Agencies must provide…
Administrative Procedure Act, Report of the House Judiciary Committee, No. 1989, 79th Congress. (1946). Federal Administrative Procedure Act. Retrieved March 7, 2012, from http://biotech.law.lsu.edu/Courses/study_aids/adlaw
Gluten in Drug Products. (2011). Federal Register Volume 76, Number 245. Retrieved March 7, 2012 from http://www.regulations.gov/#!documentDetail;D=FDA-2011-N-0842-0001
I Federal, state local laws adhered developing managing a business. In essay review federal state laws a local laws (MD) relation a Coffee Shoppe Candies store. http://www.sba.gov/tools/resourcelibrary/-lawsandregulations/index.
Candy store: Important regulations
According to the FDA, "homemade food cannot be used or offered for human consumption in a food establishment. All packaged food must carry a label or seal on the packaging that indicates the name of the processor or distributor, the name of the food, and the ingredients" (Food safety training manual, 2012, FDA: 7). Thus, even if the owner of the establishment makes wonderful fudge at home, this cannot be sold side-by-side with the candy made on-premises. All candy must be prepared at an approved facility.
According to Maryland statute 10.15.03.12, "Each item of packaged food has a label containing the following information: (a) The common name of the food or a descriptive identity statement; (b)…
Baltimore City Health Department. Maryland statute 10.15.03.12. Retrieved at:
Baltimore City Health Department. Maryland statute 10.15.03.16. Retrieved at:
As a part of this initiative, the EPA works with local communities to: establish the optimal use of the cleaned up sites, it provides relevant information to the potential buyers / developers and dispenses advice on technical needs for re-utilization of the site. ("SARA Overview," 2010)
In this particular case, the RTU is effective at helping communities be able to reclaim land that had once been considered to be contaminated. For business, this will have long-term benefits as the reclaimed land could help to support other commercial activities. At the same time, time it will help to increase property values, by taking land that was thought to be destroyed and making it re-useable once again. This will have ripple effects for a host of different businesses, as their net worth will increase from a rise in the price of land.
However, over the short and medium term, this will have…
SARA Overview. (2010). EPA. Retrieved from: http://www.epa.gov/superfund/policy/sara.htm
Title 42 Public Health and Welfare. (2008). GPO Access. Retrieved from: http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=BROWSE&TITLE=42USCC103
What is the Super Fund. (2010). EPA. Retrieved from:
Government Mandated Gun-Free Zones
THEE SHOULD BE NO GOVENMENT MANDATED GUN-FEE ZONES IN PUBLIC SPACE.
Banning guns for masses and establishing gun-free zones are one of the most controversial topics in American politics. There are clearly two schools of thoughts on this subject. The right to keep a gun and displaying it publically is directly related to individual's rights under the second amendment of the prevailing constitution. However, despite the recognition of the citizens' rights, one cannot ignore the dangers of gun-free zones. Every year, there are cases reported, resulting from arms used in the gun-free zones. Maximum cases were reported in educational institutions where ammunition was used by children and teenagers. Publically mandated gun-free zones have resulted in loss of many precious lives.
There have been many cases reported where emotionally unstable individuals killed number of individuals in the public place. Majority of these massacres took place in educational…
First Reports Evaluating the Effectiveness of Strategies for Preventing Violence: Firearms Laws. 2003. Web. Retrieved from http://www.cdc.gov/mmwR/preview/mmwrhtml/rr5214a2.htm
Horner, William T. Showdown in the Show-Me State: The Fight over Conceal-and-Carry Gun Laws in Missouri. Columbia, MO: University of Missouri Press, 2005.Questia. Web. 26 Apr. 2012.
Patrick, Ryan. Ron Paul Introduces Bill to Abolish 'Gun-Free Zones'. August 2011. Web.
Government Accounting Office in America (GAO)
This is an examination of the Government Accounting Office in America. The writer discusses the history, purpose and background of the GAO as well as the duties that the office is charged with performing. The writer then analyzes literature that illustrates the office in action. The final discussion revolves around the question, "Is the office effective or is it a waste of money." There were four sources used to complete this paper.
During the last few years there has been a public outcry and demand to investigate government spending. The public was brought stories by the media about the government paying thousands of dollars for toilet seats, and spending hundreds of dollars on a screwdriver and other such tools. When the reports began to surface about wasted government spending the public became angry. Lobbyists across the nation began to demand an accounting of not…
Bibliography for a listing of non-GAO publications.) It should be noted that, as with any effort to put current events into historical context, alternative interpretations are possible. Often debated are the intent and motivation of the framers of the Constitution who created the census. In this report, we have quoted the Constitution and various laws relating to the decennial census and have attempted to place their language in an historical context. We are not, however, providing our own independent review or interpretation of the constitutional and statutory issues discussed in this report, which, unless otherwise noted, are based primarily on the analysis contained in the various publications and documents we relied upon in preparing this report.
Short answers to some frequently asked questions about the decennial census are in appendix 1. Appendix 11 contains information on changes in the apportionment of the membership of the House of Representatives between the 1920 and 1990 Decennial Censuses by region of country and on changes in the nation's population and its undercount by race and ethnicity between the 1950 and 1990 censuses, as well as a snapshot of the growth and cost of census-taking since the first decennial census in 1790. Major contributors to this report are identified in appendix III.
L. Nye Stevens Director, Federal Management and Workforce Issues
Why Take the Census?
The primary areas of concern of the FSA were different types of acts that would be injurious to the public interest, serious violations of law and regulations, and extremely inappropriate actions in the private banking unit. The main area of concern was that the private banking unit had amassed large profits illegally by allowing money laundering transactions, in which customers were mislead in various private bond deals and were sold securities and derivatives at an unfair price without being informed of the risks. Another issue of concern was that Citigroup had similar problems of non-compliance with regulations that had been reported in different countries, and that Citigroup in general had no disregard for a country's regulations.
The firms strategic options were to close the private banking unit in Japan, and launch a clean-up program that included firing certain high-level employees that were accountable for the scandal, and appoint a new…
" For most this is generally seen as a reference to the Federal Judiciary. One thinks of the arren Court, and the great number of decisions concerning civil rights, voting rights, etc. It is often not realized, however, to what an extent state judges play ar ole in shaping these issues. In many state court systems, the state system was actually more liberal than the Federal:
First and foremost, state constitutions may be used not only to broaden rights but also to restrict them. They are far easier to amend than the U.S. Constitution. Therefore, forces within a state dissatisfied with liberal court interpretations of the fundamental state law may, without nearly the same effort required on the federal level, undo those rulings....In Florida... voters adopted an amendment to the state constitutional search and seizure provision, requiring the provision to be "be construed in conformity with the 4th Amendment to…
http://www.questia.com/ PM.qst?a=o&d=28520584' target='_blank' REL='NOFOLLOW'>
Few hospitals offered both the expertise and the necessary facilities.
Location of the donor and the recipient also impacted availability. Human organs cool and degenerate quickly when removed from the donor. Transportation in the 50s, 60s, and 70s was in the early stages of rapid jet aircraft travel and was too slow for the transportation of organs. The donor needed to be in close proximity to the recipient which was possible with living family members and donors. Research during this time focused on immunosuppressant drugs and on methods to maintain a viable organ outside the host.
In his discussion of justice in respect to the allocation of scarce goods, Jon Elster (1992) identified three levels of scarcity: natural, quasi-natural and artificial. The availability of twins with one needing a kidney transplant and one willing to donate a kidney generates a natural scarcity similar to the availability of natural black pearls.…
President Obama's egulatory Czar
Cass Sunstein has served as President Obama's regulatory czar and discusses his service in this position in a book he wrote regarding the future of government. In his book, Sunstein provides considerable insights regarding how he assisted in simplifying bureaucracy resulting in increased cost-effectiveness and realization of improved outcomes. The cost-effectiveness is evident in that he helped save the country $91 billion and improved outcomes is associated with healthier and longer lives for Americans. Despite his remarkable achievements, Cass Sunstein left the White House Office of Information and egulatory Affairs in 2012. While Sunstein's helped in the implementation of several policies, there are additional policies that can be implemented to help in further simplification of this leviathan of a government.
One of the major issues that have characterized President Obama's administration in the past four years is regulations, which is one of the most…
Plumer, B. (2013, June 12). Cass Sunstein on How Government Regulations Could Be a Lot
Simpler. The Washington Post. Retrieved December 15, 2014, from http://www.washingtonpost.com/blogs/wonkblog/wp/2013/06/12/cass-sunstein-on-how-government-regulations-could-be-a-lot-simpler/
Sunstein, C.R. (2012, June 22). Memorandum for the Heads of Executive Department and Agencies. Retrieved from Office of Management and Budget -- Executive Office of the President website: http://www.dol.gov/regulations/20120622OIRAReducingReportingPaperworkBurdens.pdf
Sunstein, C.R. (2013). Simpler: the future of government. New York, NY: Simon & Schuster.
Regulation of Mergers and Implications of Government Intervention - the Case of a Potential Merger for Blockbuster
When a large firm in a mature industry wants to grow a common strategy will be the seeking of an acquisition or merger. However, large firms in an industry will often be faced with government regulation which may seek to control and limit the way merger activity takes place. For example, if Blockbuster, a major film rental company, wishes to merge with another firm they may face barriers, while these barriers may be seen as good for competitive environment, they may be perceived by Blockbuster as limiting their commercial actions.
It may be argued that government regulation of needed in the markets for a number of reasons. The first may be the role of the government in protecting the market system to ensure that competition remains in a market. Where one firm…
IGHTS VS. NATIONAL LAWS
National laws formulated and implemented by the federal government have often been criticized for their centralizing effect and for restraining/restricting the power of state laws. In a republican form of government, state laws have enormous significance as this form of government allows "people . . . To pass their own laws in virtue of the legislative power reposed in representative bodies, whose legitimate acts may be said to be those of the people themselves."  Deborah Merritt, Ohio State University law professor, has often been cited in Court rulings for her discussion of relationship between federal and state laws. Merritt notes that "since at least the eighteenth century, political thinkers have stressed that republican government is one in which the people control their rulers." .
United States is a prime example of this form of government since the Constitution allows states to make its own local…
1. Baker v. Carr, 369 U.S. 186, 222-23 n.48 (1962), quoting In re Duncan, 139 U.S. 449, 461 (1891).
2. Deborah Jones Merritt, The Guarantee Clause and State Autonomy: Federalism for a Third Century, 88 Colum. L. Rev. 1, 23 (1988)
3. Id. At 61 (quoting Brown v. EPA, 521 F.2d 827, 840 (9th Cir. 1975), vacated and remanded for consideration of mootness sub-nom EPA v. Brown, 431 U.S. 99 (1977))
4. U.S. Const. art.,I § 8, cl. 3.
Instead they are being left in family homes, alone while family members work to pay the bills.
One of the problems with government regulations and business is that often times the regulation applies across the board with little regard to the size of the business or the size of the population that the business serves.
To implement a regulation to businesses across an entire geographic area can harm the business in the small town. Why should the same regulation apply to a business in a town of 330 as a business in a town of 1.5 million residents? To comply with certain government regulations businesses in small towns are often left with no choice but to close the doors.
Existing regulations already put a huge burden on the U.S. economy, more than $600 billion per year, according to detailed studies by economist Thomas Hopkins of the ochester Institute of Technology.…
Bass, Gary (1995) Government Regulations are an Essential Part of Life
Blockbuster anti-trust case thrown out. (Law & Regulation).(Brief Article)
All it is really accomplishes is forcibly transferring wealth from one party to another.
These transfers can actually create new market failures by forming barriers to market entry, and creating unfair competitive advantages through subsidies, tariffs, tax-breaks and regulations that favor one party over another.
Fundamental to the notion of government regulation is that its purpose is to eliminate unfairness in competition. However, powerful businesses have huge influences on policy making in the United States that make this an ideal rather than a reality. They hire lobbyists, create ad campaigns, and court politicians to gain influence. Companies compete for bureaucratic power just as much as they do for market power.
ecause of the advantages government regulation can offer, firms try to out-regulate each other rather than to just out-compete each other in the market. Government regulation has invited businesses to become involved in government and the best way to put…
Conigliaro, a., Elman, J., Schreiber, J. And Small, T. "The Danger of Corporate Monopolies." http://cse.stanford.edu/class/cs201/Projects/corporate-monopolies/index.html
Franco, Nicholas C. "Corporate Environmental Disclosure: Opportunities to Harness Market Forces to Improve Corporate Environmental Performance." U.S. Environmental Protection Agency. 8-11 Mar. 2001. http://www.rosefdn.org/images/EPA.Disclosure.Study.pdf
Invisible Hand." http://en.wikipedia.org/wiki/Invisible_Hand
In the first-round survey, a majority of investors cited diversification as their main objective in allocating to hedge funds. Among the second-round interviewees who were planning to increase their target allocations by 10% or more, half named diversification as the motivating factor. Among the approximately one in ten who were planning to decrease allocations by at least 10%, concern with a lack of transparency was the most frequently cited reason.
(4) Institutions are thinking and acting as long-term investors. While almost a quarter of second-round interviewees said they have liquidated some investments or plan to do so, overall the investors surveyed showed no inclination toward a long-term exodus from hedge funds. This is understandable, considering that 93% of all interviewees said they make hedge fund investments with a time horizon of at least three years, and more than half have a time horizon of five years or more.
Cumming, Douglas and Dai, Na (2008) Capital Flows and Hedge Fund Regulation. SSRN Journal. Online available at: http://ssrn.com/abstract=1026683 .
Dawn, Ralph and Young, Chuck (2009) Testimony before the Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises before the House of Representatives (2009) Orice M. Williams, Director of the Financial Markets and Community Investment. GAO Report. Online available at: http://www.gao.gov/htext/d09677t.html
Glovin and Scheer (2008) Madoff Charged in $50 Billion Fraud at Advisory Firm. Bloomberg.com. Online.
Hedge Funds Under the Microscope: Examining Institutional Commitment in Challenging Times. Greenwich Associates. Online available at: http://cdn.rsys1.net/ig.rsys1.net/responsysimages/seic/__RS_CP__/SEI_ HFs%20Under%20Microscope_Overview.pdf
6% holding in Lloyds following huge losses at both during the credit crisis" (Gupta. S. March 16, 2011) point to the need for stronger regulation of the financial sector. The UK banking system which is one of the most successful and innovative in the world must continue to have autonomy in its operations. Over regulation will only stifle an industry which is a key to the return of a strong economy, particularly in light of the austerity measures of the coalition government which will slow government expenditures to buttress an economic recovery. A greater emphasis on firm specific activities which will encompass leverage, capital ratios, balance sheet assets and liabilities is not over regulation but rather smarter regulation.
In contemplating reform the FCA will ensure that the focus of the financial sector is on the individuals who utilize their products not the shareholders who reap the gains from profits. The…
BBC News.com. (N.D.). Timeline: Credit crunch to downturn. BBC News.com.
Retrieved March 24, 2011 from http://news.bbc.co.uk/2/hi/7521250.stm
Gupta, S. (March 16, 2011). UK should get "handsome return" on RBS and Lloyds.
Reuters. Retrieved March 24, 2011 from http://uk.reuters.com/article/2011/03/16/uk-lloyds-rbs-idUKTRE72F6EP20110316
Coase Theorem: Provision of an Alternative Government Regulation and Provision of Services
The objective of this work in writing is to discuss how the Coase Theorem provides an alternative to government regulation and provision of services and to examine how the definition of private property is a critical part of this analysis. Dixit and Olson (2000) state that the most basic claim of Coase Theorem is "that only transaction (or bargaining) costs can prevent voluntary bargaining from attaining Pareto-efficient outcomes." (p.311)
The Argument of Coase
The work of Ronald Coase entitled "The Problem of Social Cost" is such that introduced an idea of critical importance. According to Dixit and Olson (2000, p.310) the argument stated by Coase is "given the precise allocation of property rights and the absence of any costs of information or negotiation, two parties would arrive at a bargain that would internalize any externalities between them." (p.310)…
Hahnel, R. And Sheeran, KA (nd) Misinterpreting the Coase Theorem. Retrieved from: http://e3network.net/resources/Misinterpreting_the_Coase_Theorem.pdf
Dixit, A. And Olson, M. (2000) Does Voluntary Participation Undermine the Coase Theorem? Journal of Public Economics 76 (2000) 309-335. Retrieved from: http://www.cui-zy.cn/Recommended/Yalelaw/CoaseOlsonDixit.pdf
U.S. government should not regulate the Internet. One important reason is that it would go against the nations' right to freedom of speech. The government has used a number of reasons to support its quest for regulation, such as protecting children, yet it has ignored the fact that there are other methods to control harmful and illegal material online without hindering the Internet's growth and capabilities.
This paper will show that it would be impossible for any single government or nation to completely regulate the Internet, because by nature, the Internet is resistant to control and regulation.
The Internet was created by the defense-related ARPANET project, which was a communications tool for the United States government in the late 1960's linking a decentralized system of computers that could resist a nuclear attack (Copeland, et al.). Today, this tool, which was once viewed as little more than an emergency fallback system,…
Clinton: Technology is the answer." 16 July 1997. CNET News.com. Nov. 18, 1998. Retrieved Dec. 2 at http://www.news.com/News/Item/0,4,12492,00.html
Copeland, Johanna. Pinter, Edward, Witmeyer, John. Internet Regulation. Ford Marrin Esposito Witmeyer & Gleser, 2002.
Family-Friendly Internet Access Act of 1997. Thomas - U.S. Congress on the Internet. Nov 18, 1998. Retrieved Dec. 2 at http://thomas.loc.gov/cgi-bin/query/z-c105:H.R.1180:
Greenfeld, Karl Taro. "Meet the Napster." Time Oct. 2, 2000, pp. 60-73.
S. no-fly list," n. d.)
Deregulation of Canadian airline industry has resulted in speedy consolidation, lack of consistent service, and high prices which is just the reverse of what the policy makers assured in 1987. Following the emergence of Air Canada as the sole national airline, Canadian travelers will possibly suffer more from excess booking. As against the primary markets, the regional markets encounter the double problem of falling quality of service standards and higher prices. For instance the analysis of costs, prices and profits recommend Air Canada's regular return air tickets from Thunder Bay, Ontario to Toronto could be lowered reduced by 75% in case they showed considerably efficient operating expenses. The fares for travel to far-off areas can be kept on the higher side as the operating airline usually enjoys a monopoly status. Apart from that, these higher than competitive prices subsidize the bigger regions and pose a…
An industry in crisis: safeguarding the viability of the Canadian Airline Industry" (n. d.) Retrieved 30 May, 2007 at http://cmte.parl.gc.ca/Content/HOC/committee/372/tran/reports/rp1032230/tranrp02/06-rap-e.htm
Canadian Airlines won't abandon U.S. no-fly list" (n. d.) Edmonton Journal. http://www.canada.com/edmontonjournal/news/story.html?id=9aee6618-f44d-403b-8e07-891b57e2edc4
Chapter 7: The Airline Industry" (n. d.) Retrieved 29 May, 2007 at http://www.reviewcta-examenltc.gc.ca/english/pages/final/ch7e.htm
Christopher, John; Dion, Joseph P. (2002, Nov 14) "The Canadian Airline Industry" Retrieved 30 May, 2007 at http://dsp-psd.pwgsc.gc.ca/Collection-R/LoPBdP/CIR/892-e.htm
shadow banking system, its role in the subprime mortgage crisis, and failures of regulation within the shadow banking system. The term "shadow banking system" was coined by PIMCO's Paul McCulley in 2007 (Spanos, 2012) and refers to a banking system that includes financial intermediaries that are involved in creating credit across the global financial system, whose functions are not subject to regulatory oversight (Investopedia, 2012). The question has been debated as to whether shadow banking meets the definition of true banking. Given that the two systems perform similar functions, including credit intermediation and maturity transformation, the two should be considered parallel systems (Noeth and Sengupta, 2011).
The term shadow banking is used to describe any provision of credit taking place outside of the traditional deposit-funded lending system. This definition includes institutions that range from pawnbrokers and consumer finance companies to securities dealers as well as firms that issue corporate bonds.…
Armstrong, R., 2010. Q+A -- Regulating the shadow banking system. Fox Business. [online] Available at: [Accessed 20 April 2012].
Beckworth, D., 2010. "Deposit insurance" for the shadow banking system. [online] Available at: [Accessed 20 April 2012].
Drum, K., 2012. The shadow banking system speaks: It's not time for austerity yet. MotherJones. [online] Available at: [Accessed 20 April 2012].
Hsu, J. And Moroz, M., 2009. Shadow banks and the financial crisis of 2007-2008. Research Affiliates LLC. [online] Available at: [Accessed 20 April 2012].
There is much more to the issue and how it is addressed than that (Seamon, 2007). These states are:
Washington (Seamon, 2007)
Criticisms of Decriminalization
The war on drugs has been in the news for some time now, and marijuana has been included in that war. It continues to be listed as important in the speeches of many politicians, and it continues to be at the forefront of a great many debates about how our tax money should best be spent (Gray, 2005; Pacula, 2003b). One of the main concerns of the war on drugs, however, does not deal with what politicians think about it. Rather, it deals with what police think about it. Police are, after all, the ones that are out there on the streets every day, trying to fight the…
Anslinger, H.J. & Tompkins, William F. n.d. "The traffic in narcotics." Drug Library. Retrieved at http://www.druglibrary.org/schaffer/people/anslinger/traffic/appendix1.htm
Austin, James. 2005. "Rethinking the Consequences of Decriminalizing Marijuana." Washington, DC: The JFA Institute.
Brazaitis, Tom. 2002. "U.S. Should Concede Defeat in the War on Drugs." Media Awareness Project. Retrieved at http://www.mapinc.org/drugnews/v02/n1827/a09.html?397
Clements, Kenneth, et al. 2005. "Two Short Papers on Marijuana, Legalisation and Drinking: (1) Exogeneous Shocks and Related Goods: Drinking and the Legalisation of Marijuana; and (2) Notes on Projections of Alcohol Consumption Following Marijuana Legalisation." Perth, Australia: The University of Western Australia Working Paper no. 05-14. Perth, Australia: The University of Western Australia, Department of Economics.
Second orld ar, Japan was a traditional absolute monarchy but since the adoption of a new constitution in 1946, Japan has become a constitutional monarchy in which the emperor serves as symbolic head of state and the legislature or Diet is parliamentary in nature. The Constitution of Japan expressly outlines the role of the emperor as "symbol of the state and of the unity of the people," (cited by Michigan State University 1). The Emperor serves in ceremonial functions such as the awarding of special honors and providing the ceremonial appointments of the Prime Minister and Supreme Court judges. Emperor Akihito is the reigning monarch; successors are hereditary.
Therefore, Japan possesses a similar system to the one used by Britain and its commonwealth countries. The current system of Japanese government was actually established during the Allied occupation of Japan in 1946 ("Government" 1). According to the Consulate-General of Japan in…
"Background: Politics and Political Campaigns in Japan." PBS: POV. Retrieved online: http://www.pbs.org/pov/campaign/campaign_background.php
Consulate-General of Japan in San Francisco. "Government/Political System." Retrieved online: http://www.sf.us.emb-japan.go.jp/en/e_m08_01_08.htm
Darlington, Roger. "A Short Guide to the Japanese Political System." 2015. Retrieved online: http://www.rogerdarlington.me.uk/Japanesepoliticalsystem.html
Goel, M. Lal. "Observations on Japanese Culture and Politics." Retrieved online: http://uwf.edu/lgoel/documents/AObservationsonJapaneseCulturePol.pdf
In public statements such as the one below:
We are keen to work with governments, public health authorities and other tobacco companies to agree on rules and regulations for our industry. We want to do what we can to respond to public health concerns and, at the same time, establish a stable business environment for our company (Why we support strong legislation (http://www.philipmorrisinternational.com/PMINTL/pages/eng/busenv/Tob_regulation.asp)."
The industry provides an attitude of compassion and caring for the products they place on the retail shelves and therefore in the hands of innocent buyers.
They further combat the regulations however by making statements like the following:
It can be difficult to create a regulatory environment for a product that is dangerous yet remains popular (Why we support strong legislation (http://www.philipmorrisinternational.com/PMINTL/pages/eng/busenv/Tob_regulation.asp)."
The industry has given up the fight against public smoking bans and instead decided on a smart advertising strategy of agreeing with such bans in…
Buyout program (Accessed 12-06-06)
Kraft Boycott (Accessed 12-06-06)
contract between society and business are, in fact, changing in substantial and important ways. Business is being asked to assume broader responsibilities to society than ever before, and to serve a wider range of human values...In as much as business exists to serve society, its future will depend on the quality of management's response to the changing expectations of the public."-from an editorial in Business Week Magazine
Discuss the social contract between society and business, and the arguments for and against corporate social responsibility. What is the purpose of a business? In your discussion be sure to focus on how Milton Friedman, Charles Handy, and Kramer/Porter differ in their answers to that question. Explain why Corporate Social Responsibility is a useful perspective and strategy for a corporate leader and manager to evaluate changes in social expectation and the resulting potential effects on the business (current & potential) by the changed…
The author of this report has been asked to offer an analysis and summary of the importance and need for what is known as 49 CF. Of course, 49 CF is the section of the United States code that pertains to the regulation of the transportation and labeling of hazardous substances. The author of this report is to offer why this regulation is an important aspect of day-to-day operations. Finally, the author will answer the question of what would happen without the regulation being in place. While many deem some laws to be a waste of time and money to comply with, 49 CF is an absolutely important law and should not be done away with in any form.
As noted in the introduction, 49 CF is short-hand for the section of the United States Code of egulations that pertains to the domestic transportation of hazardous materials for…
Berlin Dangerous Goods. (2015). 49 CFR - Dangerous Goods. Berlindangerousgoods.com.
Retrieved 18 July 2015, from http://www.berlindangerousgoods.com/en/resource-center/everything-un/cfr-49
DOT. (2015). Regulations. Federal Motor Carrier Safety Administration. Retrieved 18 July
2015, from http://www.fmcsa.dot.gov/regulations
The author of this report has been asked to review companies that are on either the good or bad end of financial soundness. The author will focus on the bad end and the company that shall be the focus is Delta Airlines. The questions that will be answered as they relate to Delta will include an identification of the company, their "domestic environment," a summary of the company's industry, how long they have been in business, and the attribute that they are least admired for. Further, there will be the identification of a business theorist and the theory that they offer that would or should apply to Delta. The final few points will be how domestic government regulations have affected Delta, what can be done to overcome these regulations, an incorporation of the prior-mentioned theory into that execution and an over offering of critical thought on the matter.…
Delta. (2015). Airline Tickets and Flights to Worldwide Destinations - Delta Air Lines. Delta.com. Retrieved 20 September 2015, from http://www.delta.com/
Harris, F. D., & Emrich, R. M. (2007). Optimal price -- cost margin, service quality, and capacity choice in city-pair airline markets: Theory and empirical tests. Journal of Revenue & Pricing Management, 6(2), 100-117. doi:10.1057/palgrave.rpm.5160074
NY Post. (2014). The worst airlines in America. New York Post. Retrieved 20 September 2015,
The issues of government in today's world are quite interesting, elusive and difficult to ascertain. Slaughter & Burke-White's (2006) article illuminated many points about the relationship to domestic governments and international organizations seeking to rule and serve over the local institutions. The purpose of this essay is to discuss some of the important aspects of international government and how they relate to smaller, domesticated governments. This essay will suggest the international governments have little jurisdiction over its targeted groups while presenting a global nuisance to most citizens around the globe.
The authors of the article built their argument on the premise that "states can be part of the international legal system to the degree they choose by consenting to particular rules, (p.328). The important word in this sentence is "consent." Governments can only rule when they are given consent by the people who wish to rule over them and…
Davies, T. (2012). Government web surveillance: Expensive, impractical, totalitarian. The Telegraph UK, 2 April 2012. Retrieved from http://www.telegraph.co.uk/technology/news/9180577/Government-web-surveillance - Expensive-impractical-totalitarian.html
A Slaughter, W Burke-White, 'The Future of International Law is Domestic (or, The European Way of Law)' (2006) 47 Harvard International Law Journal 327
Warburg, J. (1944). Quote. Retrieved from http://quotes.liberty- tree.ca/quote_blog/James.Warburg.Quote.BC08
egulation and accreditation of higher education refers to control processes carried out on institutions offering higher education with the aim of ensuring that they operate according to some set standards.
Higher education regulation generally refers to the imposition of requirements, conditions or standards which institutions offering higher education are expected to meet so as to ensure that they operate in a manner that promotes the interest of the public. egulation of higher education is mostly done by regulatory bodies that are established by a legal mandate of a country of jurisdiction. egulatory bodies are required to enforce the set requirements or conditions established by the laws of a certain jurisdiction and ensure compliance by the institutions offering higher education (Kaplin & Lee, 2007).
Accreditation of higher education, on the other hand, refers to the determination of whether the higher education being offered, e.g. By an institution of higher learning, is…
Bloland, H.G. (2001). Creating the Council for Higher Education Accreditation (Chea). Phoenix, Arizona: Greenwood Publishing Group.
Hentschke, G.C., Lechuga, V.M., & Tierney, W.G. (2010). For-Profit Colleges and Universities:. Sterlin, Virginia: Stylus Publishing.
Kaplin, W.A., & Lee, B.A. (2007). The Law of Higher Education. New Jersey: John Wiley & Sons.
Middaugh, M.F. (2011). Planning and Assessment in Higher Education:. New Jersey: John Wiley & Sons.
The protester then has an opportunity to file written comments on the report.
Utilizing Debriefings to Prevent id Protests
Officially, Post-Award debriefings are meant to provide transparency to the unsuccessful candidates. Although the prescribed requirements of the briefings are very rigid and formal, agencies should resist the temptation to meet the bare minimum required by the formalities. Agencies should pay special attention to Requirement 1, the "evaluation of the significant weak or deficient factors in the offeror's proposal" because the evaluation is open-ended, unlike Requirements 2-3, which contain definite numerical standards, and Requirement 4, which only requires a simple summary. Open-ended evaluations can vary greatly in quality and also increase the opportunities for the agency to make a mistake.
If it is a particularly confusing or shallow evaluation, an unsuccessful offeror might take issue with the soundness of the agency's decision and later move to Protest the id by claiming…
Federal Acquisition Regulation Source Selection Statute 15.3 https://www.acquisition.gov/far/html/Subpart%2015_3.html
Acquisition Community Connection https://acc.dau.mil/CommunityBrowser.aspx?id=18888
ACQ Center (2003) Source Selection: Common Myths and Misconceptions NIH AMC Symposium Nov. 9, 2004 oamp.od.nih.gov/.../AMCSymposium.
Maser, S.M., Subbotin, V., & Thompson, F. (2010) The GAO's Bid-Protest Mechanism: Effectiveness and Fairness in Defense Acquisition? Working Paper Atkins School of Management Willamette University. Available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1616424
status of federalism within the U.S. It is the thesis of the paper that the President, the Courts and Congress have assumed influential and significant roles in the shaping of federalism in recent decades. Initially, a conceptualization of federalism will be offered as established by the founding fathers. Current literature will then be used to identify factors associated with and the role assumed by the presidency, the Courts and Congress in federalism as it exists today within the U.S.
Conceptual Framework unique federal system of government to replace the original Articles of Confederation was established b the U.S. Constitution. On the basis of federalism, the Framer's of the Constitution delineated that national concerns were to be handled by a national legislative branch and executive branch of government while concerns at the local and state level would be handled by state legislatures and governors. It was the intent of the Framer's…
Brock, P. (2001). Supreme Court Justice Thomas Smith speaks. Montpelier Magazine (Spring, 2001), Harrisonburg, VA: James Madison University, Montpelier.
Eastman, J.C. (2002). Re-entering the arena: Restoring a judicial role for enforcing limits on federal mandates. Harvard Journal of Law & Public Policy, 01934872, 25 (3), 931-952.
Greve, M. (2000). The supreme court's federalism. AEI Federalist Outlook, 2 (August 2000). Found at http://www.federalismproject.org/outlook/8-2000.html.
Jeffrey, K. (1995). Guide to regulatory reform: The federalism rule. Brief Analysis No. 151, National Center for Policy Analysis, Washington DC. Found at http://www.ncpa.org/ba/ba151.html
" Further, it is held that "a material misrepresentation in the certifications (bid) generally provides a basis for rejection of the proposal or reevaluation of the award decision." Thus, it can be said that if a challenge shows a material misrepresentation in the awardee's bid, than their challenge should be upheld.
n mpresa Construzioni Geom. Domenico Garufi v. United States, 238 F.3d 1324 (U.S. App. 2001), the issue was the standard of review for decisions of contracting officers made under the Administrative Dispute Resolution Act of 1996. According to the Administrative Dispute Resolution Act of 1996, "The Court of Federal Claims and district courts shall have concurrent jurisdiction over bid protest actions, and that the courts 'shall review the agency's decision pursuant to the standards set forth in section 706 of title 5' of the APA. Accordingly, under the APA, a bid award may be set aside if the contracting…
In the 2004 decision of in the matter of ACS Government Services, Inc., another decision involving the challenge to the awarding of a contract to another business, Plaintiff argues that the awardee misrepresented information in their bid and that this misrepresentation materially affected the evaluation of the awardee's bid. In this case, the court upheld the challenge, stating that on review it was the review board's position to ensure that the evaluation of the parties bids was "reasonable and consistent with the terms of the solicitation." Further, it is held that "a material misrepresentation in the certifications (bid) generally provides a basis for rejection of the proposal or reevaluation of the award decision." Thus, it can be said that if a challenge shows a material misrepresentation in the awardee's bid, than their challenge should be upheld.
In Impresa Construzioni Geom. Domenico Garufi v. United States, 238 F.3d 1324 (U.S. App. 2001), the issue was the standard of review for decisions of contracting officers made under the Administrative Dispute Resolution Act of 1996. According to the Administrative Dispute Resolution Act of 1996, "The Court of Federal Claims and district courts shall have concurrent jurisdiction over bid protest actions, and that the courts 'shall review the agency's decision pursuant to the standards set forth in section 706 of title 5' of the APA. Accordingly, under the APA, a bid award may be set aside if the contracting official's decision laced a rational basis or involved a violation of regulation or a procedure. Further, under the APA, although an explanation is not required by the officer, a reviewing court may require an explanation. It is on this ground that the Court remands the decision to the lower court.
Finally, in the administrative decision of in the Matter of Savantage Financial Services, Inc. (2003), held that a business may challenge an agency decision to not provide the business with a solicitation for purchase where the decision was made pursuant to FAR 8.404(b)(3) and where the business did not appear to offer best value, as determined by the agency, based on information obtained from schedule vendors and product demonstrations. However, despite the ability to challenge such indirect pre-solicitation decisions, the review board further ruled that such practice was reasonable under the standard of review laid out in the above-mentioned court and administrative decisions.
Criminal justice is an inherently ethical profession. The judiciary ostensibly crafts laws that reflect the ethical sensibilities and social norms of the society, which are often embedded in the American Constitution. The role of the criminal justice system is to ensure that local, state, and federal laws are applied and enforced in a manner consistent with constitutional and regional codes. Issues like the equal protection clause are also ethical matters. The core objective of the criminal justice system is built on ethical responsibility: the ethical responsibility of the system to its main stakeholders, which is the American people.
However, there are also ancillary ethical issues associated with criminal justice that are not codified. Such issues are often linked with ambiguities and philosophical complexities. Applying criminal justice ethics entails sensitivity and awareness to prevailing political and social climates. Among the most pressing ethical issues in criminal justice include those related…
American Civil Liberties Union (2012). Racial profiling. Retrieved online: http://www.aclu.org/racial-justice/racial-profiling
Banks, C. (2012). Criminal Justice Ethics. Sage.
Block, W.E. & Obioha, V. (2012). War on black men: Arguments for the legalization of drugs. Criminal Justice Ethics 31(2): 106-120.
Harfield, C. (2012). Police informers and professional ethics. Criminal Justice Ethics 31(2): 73-95
Government of Western Australia Department of Education's Excursions: Off School Site Activities. The document describes the policies and procedures necessary for off school site activities.
Background of the Policy
It is recognized that off school site excursions have higher degrees of risk than being at the school. However, the Department of Education recognizes that off school site excursions can provide significant learning opportunities, so it does not want to eliminate them because of the risk. Therefore, it has promulgated regulations to minimize the risk during these excursions.
Purpose/Objective of My eport
The objective of this report is to provide a brief overview of the Department of Education's approach to excursions.
The document describes excursions as beginning with a teacher-in-charge, who is responsible for the investigation into the risks inherent with the excursion. Some of the excursions may be overnight, and those excursions require a special analysis of the risk.…
The Government of Western Australia Department of Education. (2003). Excursions: Off
School Site Activities. Neals.
In short, the parents are part of the learning community as well, and the responsibility of the parent does not end when the child walks through the schoolroom door. The parent must support the mission of the school, and the teacher, and reinforce the lessons learned in school, academically and ethically.
Parents should strive to respect teachers, and not transgress teacher authority without talking with the teacher first. This comes as a welcome relief to any teacher with a conflict with a parent that has spilled outside the classroom. Although a parent is unlikely to be in perfect agreement with every assignment the student receives, and every grade on a child's transcript, establishing a rapport between parent and teacher is crucial to further a child's learning and for a teacher to feel supported in his or her disciplinary decisions.
Article Review: Health Issues
Schools Enrolling Students with AIDS." (2003). ACIS.…
governments made part organizations laws electronically. Use Internet compare state's issues policies stateline.org. Compare issue states regions country describe state addressing issue. What aspects federalism reflected states' approach policy making area? Does federalist structure government hinder public policy effort issue states address? Support answer.
State government issues: Approval of charter schools
One of the most controversial issues primarily governed by the states is that of education. Although public schools are locally-funded, how schools provide education and how funds for schooling are appropriated differs from state to state. This can be seen in the current debate over charter schools in Georgia and New Jersey. These debates are not financial, but rather "have centered around power: Who has the power to create new charter schools?" (Wieder 2012). ecently, Georgia loosened restrictions on the approval of new charter schools, "regardless of whether local authorities want them or not" (Wieder 2012). However, in New…
Wieder, Ben. (2012). Two states, two different paths on charter schools. Stateline. Retrieved:
representatives of the social media sector have faced growing complaints about their lack of provision of privacy to users. In particular, users have complained about a lack of privacy in disclosure of information of users to third party individuals.
Zuckerberg, innovator of Facebook, promised attempts to ensure greater privacy, but most users are skeptical about his intent to deliver. The complaints have culminated in further cause for concern as lack of privacy results in possible deceptive trade practices. Earlier this week, fifteen privacy groups filed a complaint with the Federal Trade Commission (FTC), and senator chumer urged the FTC to draft guidelines for social media in order to protect their user's privacy.
Actually, as with all issues, my opinion regarding whether or not the government should intervene in ensuring that social media place more regulatory controls over the protection of privacy on social networking sites such as Facebook, LinkedIn is…
The Editor (May 25, 2010 ) Should Government Take On Facebook? NY Times
Governmental healthcare centers concentrate on providing primary care to individuals and to control and manage the spread of infectious diseases and to manage natural disasters (Christian et al., 2008). However, in the public domain, health care differs from one country to another. This can be specifically applied in developed nations, where social, economic and political factors are most likely to influence public health policies and centers and their accessibility and availability (Christian et al., 2008). This research proposal concentrates on presenting an overview and detailed background of health centers in English-speaking countries. The countries selected are Australia, Canada, the United Kingdom and the United States.
Governmental health care centers concentrate on the provision of primary care to individuals and on controlling and managing the spread of infectious diseases and managing responses to natural disasters (Christian et al., 2008). However, in the public domain, health care differs --…
About NHS hospital services. (2013). National Health Service. Retrieved from http://www.
Christian MD, Devereaux AV, Dichter JR, et al. (2008). Definitive care for the critically ill during a disaster: current capabilities and limitations: from a Task Force for Mass Critical
Care summit meeting, January 26 -- 27 2007 Chicago, IL. Chest. Vol. 133(Suppl):8S -- 17S.
Governmental acquisition can involve many different things. It is important for organizations that deal with governmental acquisition to understand why they do various things and what it is that they must do (Angelis, 35). This helps them not only comply with many of the financial management laws that have been created, as well as regulations dealing with these things, but it also helps manage costs as well (Angelis, 35). This is a very critical step in being able to define outputs, develop systems, identify customers, and trace and collect the costs of the various resources that they have all the way through to the outputs that they produce (Angelis, 35).
There are many different models that are designed for collecting and tracing these costs but the most popular one is known as the ABC model (Babbitt, 4). This stands for activity-based cost and it is important to look at how…
Angelis, D. (2001). Implementing activity-based management in an acquisition organization. Acquisition Review Quarterly, 35-39.
Babbitt, G.T. (1998). War fighters are priority one. AFMC Leading Edge, 40(9), 3-4.
Babbitt, G.T. (1998). Briefing to the American Society of Military Comptrollers & Society of Cost Estimating and Analysis.
Ely, R. (1997). Accounting and accountability. AFMC Leading Edge, 39(7), 4-9.
ule Exempt Employee
The Final ule that was announced and published on May 18, 2016, seeks to update the overtime regulations applicable in the U.S. This rule is expected to provide overtime pay protections for over 4 million workers in the first year of its implementation. It is expected that many workers in the U.S. would get a boost to their wallets and seek to ensure that the adequate compensation is given to people for their hard work.
The new rule seeks to cover a number of primary issues that include the updating of the salary and the compensation levels for Executives, Administrative and Professional workers to be exempted. The rule that was announced "sets the standard salary level for workers at the 40th percentile of earnings of full-time salaried workers in the lowest-wage Census egion" (Colunga & Atterberry, 2015). This region is currently the South where the pay is…
Blue-collar workers and the part 541 exemptions under the Fair Labor Standards Act (FLSA). (2008). Washington, DC.
Colunga, G. & Atterberry, R. (2015). DOL: Guidance on Misclassification of Workers; Notice of Proposed Rule on White-Collar FLSA Exemption; Interim and Final Rules Relating to the H2-B Worker Program; Proposed Black Lung Benefits Act Rule; Proposed Rule to Help Retirement Investors • OSHA: F. Employment Relations Today, 42(3), 51-57. http://dx.doi.org/10.1002/ert.21525
Colunga, G. & Atterberry, R. (2016). DOL: Proposed Rule on Workers' Compensation for Energy Employees; Final Rule to Promote Pay Transparency; FLSA Final Rule on Direct-Care Workers Upheld • OSHA: Final Rule on Retaliation Complaints of Railroad and Public Transportation Employees; Proposed. Employment Relations Today, 43(1), 63-68. http://dx.doi.org/10.1002/ert.21552
Kastrinsky, H. (2014). DOL: Final Rule to Require Minimum Wage and Overtime for Home Health-Care Workers; Process Begins for Rules Concerning Projection of Retirement Income • Three Agencies Explain When Employers Must Recognize Same-Sex Marriages for Federal Purposes • OFCCP:. Empl. Rel. Today, 40(4), 53-60. http://dx.doi.org/10.1002/ert.21434
health policy change ( a bill, a law, exist ) state federal level change . 1.The policy NOT a clinical care policy individual care. The policy involved include public community health, legislative regulatory, professional organization (nursing-oriented), advanced nursing practice, health plan, hospital plan.
Policy changes in the health sector have always been controversial, as each change, regardless of its significance, triggers a wave of other changes and practically forces authorities in the domain to adapt. In order for reform to take place, the number and influence of the bodies involved plays an important role. The number and influence of individuals who benefit from a health reform often contrasts the community of people who take part in designing and implementing it.
hile patient-centered health policies have previously been addressed in a series of occasions, in most of these cases they were found to be ineffective and failed to reach their purpose.…
CQ Press. (2014). Washington Information Directory: 2014-2014. CQ Press
Drache, D. & Sullivan (2005) T. Health Reform: Public Success, Private Failure. Routledge Field, R.E. (2013). Mother of Invention: How the Government Created "Free-Market" Health Care. Oxford University Press.
Following the onset of the Great Depression, America’s leaders tried to find ways to get the country going again, to stimulate the economy, put Americans back to work, and recreate the prosperous good times of the 1920s. Franklin Roosevelt called for action.1 Hoover before him called for the government to resist intervention.2 Two decades earlier Teddy Roosevelt called for intervention in the regulation of labor.3 Henry Ford called for self-help—not intervention—but independence.4 Based on these four perspectives, this paper argues that government intervention leads to a culture of dependency, which does not facilitate growth or positive and innovative solutions to real problems; therefore, government should not seek to intervene in the economy but rather allow the bad blood to work its way out, as painful as that may be.
Teddy Roosevelt felt that in order for America to have equitability, the government should get involved. He argued that “the right…
Do we dare not to trust the government?
There are very good reasons not to trust the government. A great deal of evidence points to the idea that the current administration is essentially owned by big business, and that it is willing to sell out the interests of individuals for the sake of corporations. Just a brief look at recent stories show why one should not trust the government: the increase in gas prices and energy company profits while those companies shell out to the administration, the brutal death of Terri Schiavo under the orders of a judge, the September 11th terrorist attacks which may have been orchestrated for the colonial good of the American empire, the nation's willingness to abandon social security, and the lack of support for victims of rural crime. Of course, there are some reasons why one should trust the government: Welfare programs are available…
Government-Business Relations 1004 PPP -- Reading Report
Tutorial (e.g. Monday 10.00am-11.30am):
Reading full reference
Wilson, G. (2003). Business and politics: A comparative introduction. 3rd ed. New York: Chatham House Publishers. Chapter 2. "Business and Politics in the United States," pp. 27-57.
Main point(s) made by the author(s)
In contrast to modern European democracies, the United States has embraced a form of capitalism that is extremely hostile to proactive social welfare policies. Within U.S. culture there has tended to be a more uncomplicated celebration of such values as individualism and self-reliance. Even the Democratic Party, which is currently considered the more liberal of the two major governing parties, is less supportive of comprehensive social welfare policies such as universal healthcare vs. European nations. The U.S. has a very weak welfare state, one of the weakest in the modern industrialized world. The U.S. also has a federalist system, which accords considerable power…
National Economic Effects of Government's Immigration Policies In Canada
A geographically big nation that has a comparatively little population, Canada has traditionally been able to observe immigration as an important tool of population and economic development. Over its history, nevertheless, immigration significances and approaches have changed meaningfully, from an open border tactic in Canada's initial history, to strategy that could be branded as openly discriminatory, to an economically absorbed style. This essay gives an outline to immigration policy in Canada and looks into immigration in the context of economic effects of Government's immigration policies in Canada with detailed focus on its history, key legislation and agencies in this area, and current debates/issues.
History of Canadian Immigration Policy
After the Confederation in 1867, immigration policy at that time was a top priority of the new federal government. This policy which was able to bring in a large influx of immigrants was…
Abu-Laban, Y. Keeping 'em Out: Gender, Race, and Class Biases in Canadian Immigration Policy" in Painting the Maple: Essays on Race, Gender, and the Construction of Canada. Vancouver: UBC Press,, 2008. http://www.thecanadianencyclopedia.com/index.cfm?PgNm=TCE&Params=A1ARTA0003961.
-- . "Welcome/stay out: The contradiction of canadian integration and immigration policies at the millennium." Canadian Ethnic Studies 45.3 (2008): 190-211.
Citizenship Act (R.S., 1985, c. C-29)" Department of Justice Canada. 7 May 2009.