Thursday, October 31, 2019

South East Asia Currency Crisis Essay Example | Topics and Well Written Essays - 3500 words

South East Asia Currency Crisis - Essay Example These factors included currency speculation, financial imbalances, exchange rate collapse, high inflation rates, excess borrowing and investment in the these countries that were facing crisis, trade deficits, political inflexibilities, and to some extent restrictions imposed by IMF package. As a result, the impacts resulted in the stock market failure, currency depreciation, decline in per capita GDP, excessive borrowing to save the economies, investment withdrawal, international agencies bank ratings to those exposed to the crisis, and fluctuation of imports and exports affecting the countries’ return. Some countries relied on the IMF to provide capital to stabilize the exchange rates and prevent further liquidity in those countries. Other measures involved reforming the monetary policies, financial regulation and asset management. While a country like Japan solved their bankruptcy case with their reserves, other comparative nations in the crisis had depleted theirs. Studying the crisis is a constant reminder of how worse a currency and stock market failure can become a contagion in linked markets. It also allows researchers to examine how each economy solved the crisis after spreading from Thailand, exploring the differences in policies taken and

Tuesday, October 29, 2019

Target Express Expanding Strategy to Urban Markets, Customers Term Paper

Target Express Expanding Strategy to Urban Markets, Customers - Term Paper Example 10). Superior guest service is achieved through the combination of a variety of resources such as the use of guest call buttons, mobile apps-Target app and Cartwheel, strategic placement of items on shelves, increased speed at checkout. The involvement of almost all of the firm’s resources in improving guest service makes it difficult for the competitors to imitate because they may not have the exact similar resources as those available to Target Express. About the Target corporate culture, team members are used as the resources to achieve success. The corporate culture is different and distinct from any other companies. Since the corporate culture involves the employees of Target and their dedication specifically, it becomes very difficult for competitors to imitate the same (Goldberg et al. 41). Further, the corporate culture involves a bundle of resources which creates uniqueness and as such rendering it unsubstitutable. â€Å"The System† on the other hand is composed of a variety of resources such as enormous databases used to store the client’s needs and several computers. The bundles of resources employed by The System and the linkages between them are rare. The System is inimitable due to the vast amount of programming involved, the bundles of resources that are linked together, path dependence and the causal ambiguity created in The System (Goldberg et al. 41). In light of Target Express’s desire of expansion into the urban markets, it is necessary that core competencies are either improved or acquired/exploited where previously non-existent. Two of the core competencies that require improvement/acquisition are discussed as follows: There are plans to provide store employees with iPod Touches, which will help employees to keep track of inventory and thus enhance service delivery to the guests. The customers may also use the touches to

Sunday, October 27, 2019

Overview of Insider Trading

Overview of Insider Trading Insider trading is the trading of a corporation’s stock or other securities (e.g. stock options or bonds) by individuals related to the company with potential access to non-public information about the company which is not disclosed to general public generally. In most countries trading by corporate insiders such as directors officers key employees and large shareholders may be legal, if this trading is done in a way that does not take advantage of non-public information which ultimately harm the investors confidence. However insider trading to refer to a practice in which an insider or a related party generally member of the company trades based on material non-public information obtained during the performance of the insider’s duties at the corporation, or otherwise in breach of a fiduciary or other relationship of trust and confidence or where the non-public information was misappropriated from the company. The illegal kind of Insider Trading is the trading in a secu rity (selling or buying a stock) based on material information that is not available to the general public. It is prohibited by the US Securities and Exchange Commission (SEC) because it is unfair and would destroy securities markets by destroying investor confidence. DEFINITION OF â€Å"INSIDER† Insider means any person who is or was connected with the company or is deemed to have been connected with the company and is reasonably expected to have access, by virtue of such connection, to unpublished price sensitive information in respect of securities of the company , or who has received or has had access to such unpublished price sensitive information. Unpublished price sensitive information means any information which relates to the following matter or is of concern , directly or indirectly , to a company, and is not generally known or published by such company for general information , but which is published or known , is likely to materially affect the price of securities of that company in the market. The following unpublished information can be considered as price sensitive: 1) Financial results of the company 2) Intended declaration of dividend 3) Issue of hares by way of public rights, bonus, etc 4) Any major expansion plans or execution of new projects 5) Amalgamation , mergers and takeovers 6) Disposal of the whole or substantially the whole of the undertaking 7) Such other information as may affect the earning of the company 8) Any changes in policies , plans or operations of the company Connected persons include the following 1) Director of the company 2) Person deemed to be director of the company 3) Person occupying the position as an officer or an employees of the company 4) Person holding a position involving a professional or business relationship between himself and the company and who may reasonably be expected to have an access to unpublished price sensitive information relating to that company Therefore a company insider is someone who has access to the important information about a company that affects its stock price or might influence investors decisions. This is called material information. A public company, if it is smart, limits the number of people who have access to material information and, therefore, are considered insiders. This is done for a couple of reasons. First, they want to limit the likelihood that anyone will â€Å"leak† the information. Second, being an insider means being subject to severe limits on when you can trade in the company stock, usually only the middle month of each quarter. The company’s senior management are insiders. So are some of the financial analysts. The top sales people usually also are insiders, although a regional sales manager who only sees his or her own region’s results may not be one. The individuals in Investor Relations and/or Public Relations who prepare the public announcements also are insiders. If t he company is developing a new product that could be a big seller, the key people in the Research Development team would also be considered insiders, provided the information they have is material. Other individuals who are not employees, but with whom the company needs to share material information, are also insiders. This list could include brokers, bankers, lawyers, etc. WHY INSIDER TRADING Insider trading may be attempted to 1) Benefit the company through unethical purchase and sale of the companys shares by withholding price sensitive information , and 2) Benefit the individuals indulging in this unethical practice CATEGORIES OF INSIDERS These are persons connected with the company having access to price sensitive information. Broadly then can be a) Primary insider e.g. directors, stock exchange, merchant bankers, registrars, brokers of the company, top executives, auditors, bank etc b) Secondary insider i.e dealer, agents and other employes etc c) Others having acess to price sensitive information due to their proximity with the company WHY CONTROL INSIDER TRADING Basic objective of controlling insider trading is to protect investors . other related objective are protecting the interest and reputation of the company, maintaining confidence in stock exchange operations, maintaining public confidence in the financial system as a whole. SIGNIFICANT PENALITIES Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 give the SEC the authority to seek a court order requiring violators to give back their trading profits. The SEC can also ask the court to impose a penalty of up to three times the profit the violators realized from their insider trading. In addition to the financial penalties, there are criminal penalties. Many now feel those penalties are not strong enough and are working to increase them substantially. A bill in the US Senate, for instance, seeks to make defrauding shareholders a felony punishable by up to 10 years in prison.A penalty up to Rs 5 lakh can be imposed on an insider who indulge in dealing, communicating or counseling on matters relating to insider trading. PROHIBITION ON DEALING, COMMUNICATING OR COUNSELLING ON MATTERS RELATING TO INSIDER TRADING It has been laid down that no insider shall 1) Either on his own behalf or on behalf of nay other person, deal in securities of a company listed on any stock exchange on the basis of any unpublished price sensitive information; or 2) Communicate any unpublished price sensitive information to any person, with or without his request for such information, expect as required in the ordinary course of business or under any law; or 3) Counsel or procure any other person to deal in securities of any company on the basis of unpublished price sensitive information. INVESTIGATION INTO THE AFFAIR OF INSIDERS In case SEBI, on the basis of written information in its possession, is of the opinion that it is necessary to investigate and inspect the books of accounts, other records and documents of an insider, it may appoint an investigating authority a) To investigate into the complaints received from investors, intermediaries or any other person on any matter having a bearing on the allegations of insider trading; and b) To investigate knowledge or information in its possession to protect the interest of investors in securities against breach of these regulations SECURITY ANALYSIS AND INSIDER TRADING The analysts of security gather and compile information and they talk to corporate officers and other insiders and issue recommendations to traders. Thus their activities might easily cross legal lines if they are not careful about it . The CFA Institute has quoted in its code of ethics that analysts should make every effort to make all reports available to all the broker’s clients on a timely basis. Analysts should never report material nonpublic information, except in an effort to make that information available to the general public. Moreover analysts’ reports may contain a variety of information that is collected without violating insider trading laws. EFFECTS OF INSIDER TRADING THE EFFECT OF STOCK MARKET INSIDER TRADING A distinction has to be made between trading by insiders and trading by insiders on the basis of nonpublic information. As Insiders are legally allowed to buy and sell stocks. The Securities and Exchange Commission (SEC) requires insiders to disclose their trades, and the financial newspapers report such trading. Investors find this information a source of valuable clues about companies. Insider trading puts a bad effect on stock market as people who earlier are willing to invest will now hesitate to invest as they will fear about the market fluctuation as market becomes more risky so as a result they would prefer not to invest. MARKET AND PRICES Stock prices too are generated by supply and demand. But supply and demand for stocks are not disembodied concepts. They are generated, obviously enough, by suppliers and demanders people with preferences, objectives, expectations, knowledge, and, therefore, plans. Part of what goes into an intention to buy or sell shares in a company is expectations about its future based on knowledge about its management, organization, and so on. These expectations are incorporated into the share price, and changes in expectations bring about changes in price. The more knowledgeable the participants, the more fully do prices perform their communications work. Nothing would undermine confidence in markets more than the belief that prices are out of date. CIVIL PENALITIES FOR INSIDER TRADING A. AUTHORITY TON IMPOSE CIVIL PENALITIES 1. JUDIIAL ACTIONS BY COMMISSION AUTHORIZED According to judicial actions by commission authority whenever it will come to the notice of commission that any person has violated any provision and regulations there under by purchasing or selling a security or security-based swap agreement while in possession of material, nonpublic information in, or has violated any such provision by communicating such information through the facilities of a national securities exchange through a broker or dealer, and which is not part of a public offering by an issuer of securities. A. This section bring an action in a United States court to seek and the court shall impose a civil penalty to be paid by a person who directly or indirectly controlled the person who committed such violation. B. may bring an action in a United States court to seek and the court shall have jurisdiction to impose a civil penalty to be paid by the person who committed such violation 2. AMOUNT OF PENALTY FOR PERSON WHO COMMITS VIOLATION The amount of the penalty which might be imposed on person who commits such violation shall be evaluated by the court in accordance of the facts and circumstances and will not exceed three times the profit gained or loss incurred as a result of such unlawful sale, purchase or communication. B. AMOUNT OF PENALTY FOR CONTROLLING PERSON The amount of penalty which might be imposed on the person who directly or indirectly control the person who commits such violation will be evaluated by the court in accordance of the facts and circumstances and will not exceed three times the amount of the profit gained or loss incurred as a result of such controlled person’s violation. C. LIMITATION ON LIABILITY 1. LIABILITY OF CONTROLLING PERSONS No controlling person shall be subject to a penalty under section (a)(1)(B) unless the Commission finds that. A. the controlling person knew the fact that such controlled person was likely to engage in the act constituting the violation and failed to take required steps to prevent such act before they occurred. B. such controlling person knowingly or unknowingly failed to establish or maintain any procedure required under the act of the Investment Advisers Act of 1940 and such failure substantially lead to the occurrence of the act constituting the violation. 2. ADDITIONAL RESTRICTIONS ON LIABILITY No person shall be subject to penalty under subsection (a) of section solely by reason of employing another person who is subject to penalty under subsection unless such employing person is liable as controlling person (1) of this subsection. shall not apply to actions subsection (a) of this section. D. AUTHORITY OF COMMISSION The Commission by such rules regulations as it considers necessary in the public interest and primarily for the protection of investors may exempt in whole or some part unconditionally or for specific terms and conditions, any person from this section. E. PROCEDURE FOR COLLECTION 1. PAYMENT OF PENALTY TO TREASURY A penalty imposed under this section shall be payable into the Treasury of the United States except as otherwise provided in section 308 2. Collection of penalties A person on whom such penalty is imposed shall fail to pay such penalty within the time prescribed in the court’s order then the Commission may refer the matter to the major Attorney General who will recover such penalty by action in the appropriate court. 3. REMEDY NOT EXCLUSIVE The actions authorized by section might be brought in addition to some other actions that the Commission are entitled to bring. 4. JURISDICTION AND VENUE For purposes of section 27 under this section shall be actions to enforce a liability or might be a duty created by this title. 5. STATUTE OF LIMITATIONS No action will be included under this section for more than 5 years after the date of the sale or purchase. This section shall not be construed to bar limit in any manner action by the Commission or under any other provision of this title nor shall it in any manner any action to recover penalties, or to seek any other order regarding penalties, imposed in any action commenced between 5 years of such transaction. F. Authority to award bounties to informants Notwithstanding the provisions of this section there shall be paid from amounts imposed as a penalty under this section and recovered by the Commission or the Attorney General and not to exceed 10 percent of such amounts as the Commission deems appropriate to the person who provide information leading to the imposition of such penalty.Any determinations under this section including in what amount to make payments shall be in the solely decided of the Commission except that no such payment shall be made to any member or officer or employee of any appropriate regulatory agency. ARTICLES Insider Trading by David D. Haddock Since the depths of the Great Depression the Securities and Exchange Commission has always tried to prevent insider trading to become that common in U.S. securities markets. Insiders that can be a firm’s principal owners or directors, and management as well as its lawyers accountants that routinely possess information that is unavailable to the general public. This is Because some of that information can affect the prices of firm’s securities as soon as it becomes public and because of this insiders can profit by buying or selling in advance. Even before the thirties insiders were held liable under the common law if they fraudulently or intentionally misled traders who were uninformed into accepting inappropriate prices. But the Securities Exchange Act of 1934 also forbid insiders from even profiting from superior information. One of the most famous instances of insider trading was of Charles F. Fogarty’s who purchased Texas Gulf Sulphur shares during 1963-1964. Fogarty, who was an executive vice president of Texas Gulf already knew that the company had discovered a rich mineral lode in Ontario and that it will not be publicize before concluding leases for mineral rights. So In the meantime Fogarty decided to purchase 3,100 Texas Gulf shares and earned $125,000 -150,000. The basic argument that is against insider trading is that the insiders should not be permitted or allowed to earn such profits at the expense of uninformed traders. Yet in all other markets where information is important for insider trading is well established and very widely accepted. For example to explain it quite well mineral leases are normally and routinely bought by those better able as Texas Gulf Sulphur’s behavior exemplified than the sellers to evaluate a site’s potential and the Cattle buyers rely on superior estimates of what packers will pay when they will negotiate. And so it goes in markets for art or for real estate or for professional athletes who are indeed in practically every market with substantial variations in the prices. In all those markets a few buyers routinely profit from knowledge that most sellers do not possess, and a few sellers profit from knowledge that most buyers do not possess. One reason frequently cited by policymakers and commentators is that insider trading undermines public confidence in the securities markets.If people fear that insiders will regularly profit at their expense, they will not be as willing to invest and frequent opportunities to trade at observable prices. Efficient securities market it is argued a require a to avoid frightening away speculators who wish to contribute to securities market liquidity and those investors who could invest their savings in markets and with less risk of insider predation. Related to this argument is very important thing that is the harm that insider trading can cause to the specialists. A specialist is the one who the stock exchange appoints to ensure that a any buyer of a particular security that is listed by the exchange can find a seller. These specialists must sell or buy to any trader whose order cannot be discharged against any other orders arriving side by side. For example if a buyer wants a hundred shares of IBM but no one wants to sell at that point of moment then the IBM specialist will sells from his inventory of IBM stock. The specialist charges a bid-ask spread to cover that cost. A bid-ask spread implies that a bit higher price is asked from someone who wishes to purchase a security than will be offered to someone who wishes to sell. An inside trader can however can sell securities to the that specialist who is the one when only he knows that the securities will soon be worth less and will be of no use. After the price had fallen the insider is very well free to repurchase the securities again from that specialist for the lower price than the intrinsic value. If it happens the specialist bears loss. If insider trading reoccurs then the security’s specialist cannot continue without recouping the funds that have been lost to informed traders. If in insider trading increased the spread and it would decrease a security’s attractiveness relative to certificates of deposit and government bonds and other assets. Raising new capital would definitely will be more costly for a firm whose securities are subjected to repeated insider trading. Therefore everything being equal insider trading makes it harder for a firm to raise money when opportunities to undertake new projects arise. Of course insiders can also profit by borrowing and selling securities when the price is apt to fall. Some argue that insider trading more likely to harm companies because damage is easier to inflict. That argument turn has been countered major actions by a company require teams not individuals. A number of financial economists and law professors take the position that insider trading ought to be legal. They put their case on the basic proposition that insider trading makes the stock market more efficient. the insider will have no incentive to trade on the information .If insider trading was legal insiders will bid the prices of stocks up or down in advance of the information being released. The result is that the price would more reflect all information both public and confidential about a company at any given time. Besides specialists the other group systematically injured by insider trading are price-function traders those who trade securities because they believe the present price is inappropriate. If an insider secretly buys securities the result is increase in price. some price function traders believe that security is now overpriced they sell but soon regret their action. Few people have the expertise to realize trading profits repeatedly. CASES SIX PEOPLE CHARGES IN INDISER TRADING CASE BILLIONAIRE RAJ RAJARATNAM, FIVE OTHERS CHARGED IN CASE updated 7:40 p.m. ET Oct. 16, 2009 One of America’s wealthiest men was among six hedge fund managers and corporate executives arrested Friday in a hedge fund insider trading case that authorities say generated more than $25 million in illegal profits and was a wake-up call for Wall Street. Raj Rajaratnam, a portfolio manager for Galleon Group, a hedge fund with up to $7 billion in assets under management, was accused of conspiring with others to use insider information to trade securities in several publicly traded companies, including Google Inc. U.S. Attorney Preet Bharara told a news conference it was the largest hedge fund case ever prosecuted and marked the first use of court-authorized wiretaps to capture conversations by suspects in an insider trading case. He said the case should cause financial professionals considering insider trades in the future to wonder whether law enforcement is listening. Joseph Demarest Jr the head of the New York FBI office, said it was clear that â€Å"the 20 million dollars in illicit profits come at the expense of the average public investor. The Securities and Exchange Commission, which brought separate civil charges, said the scheme generated more than $25 million in illegal profits. Robert Khuzami, director of enforcement at the SEC said the charges show Rajaratnam’s secret of success was not genius trading strategies. Galleon Group LLP said in a statement it was shocked to learn of Rajaratnam’s arrest at his apartment. We had no knowledge of the investigation before it was made public and we intend to cooperate fully with the relevant authorities. Rajaratnam, 52, was ranked No. 559 by Forbes magazine this year among the world’s wealthiest billionaires, with a $1.3 billion net worth. According to the Federal Election Commission. he is a generous contributor to Democratic candidates and causes. The FEC said he made over $87,000 in contributions to President Barack Obama’s campaign, the Democratic National Committee and various campaigns on behalf of Hillary Rodham Clinton, U.S. Sen. Charles Schumer and New Jersey U.S. Sen. Robert Menendez in the past five years. The Center for Responsive Politics, a watchdog group, said he has given a total of $118,000 since 2004 all but one contribution, for $5,000, to Democrats. The Associated Press has learned that even before his arrest, Rajaratnam was under scrutiny for helping bankroll Sri Lankan militants notorious for suicide bombings. Papers filed in U.S.District Court in Brooklyn allege that Rajaratnam worked closely with a phony charity that channeled funds to the Tamil Tiger terrorist organization. Those papers refer to him only as Individual B. But U.S. law enforcement and government officials familiar with the case have confirmed that the individual is Rajaratnam. At an initial court appearance in U.S. District Court in Manhattan, Assistant U.S. Attorney Josh Klein sought detention for Rajaratnam, saying there was â€Å"a grave concern about flight risk† given Rajaratnam’s wealth and his frequent travels around the world. His lawyer, Jim Walden, called his client a â€Å"citizen of the world,† who has made more than $20 million in charitable donations in the last five years and had risen from humble beginnings in the finance profession to oversee hedge funds responsible for nearly $8 billion. Walden promised â€Å"there’s a lot more to this case† and his client was ready to prepare for it from home. Rajaratnam lives in a $10 million condominium with his wife of 20 years, their three children and two elderly parents. Walden noted that many of his employees were in court ready to sign a bail package on his behalf. NOMURA CAUGHT IN INSIDER TRADING SCANDAL By Emi Emoto and Aiko Hayashi TOKYO Nomura Holdings, Japan’s largest brokerage house, said on Tuesday that it had fired an employee at the centre of an insider trading ring and warned the fallout could harm its business. The insider trading scandal, the broker’s second in five years, comes on top of falling profits and $1.4 billion in subprime losses, after which the firm replaced its CEO. Recently appointed CEO Kenichi Watanabe bowed in apology for the scandal, which drew harsh comments from government officials and sent the firm’s share price down 3.9 percent. It also led to a drop-off in business at the firm on Tuesday as some institutional investors stopped placing orders due to compliance concerns, a source on the Nomura trading floor said. Watanabe said the employee at the centre of the probe had been dismissed for violating company rules and warned the case would have an unspecified impact on earnings. It was significant that we were involved in something that hurt the brokerage industry he said, adding he saw the case as an individual matter, rather than a sign of wider problems at his firm. The employee at the centre of the scandal worked in the MA advisory department where he repeatedly used insider information about merger and acquisition deals, a source with direct knowledge of the matter said. The 30-year old, from Nomura’s Hong Kong unit, was suspected of giving information on merger deals to two acquaintances who then profited on stock trades, Kyodo News agency said. N.J MAN ADMITS INSIDER TRADING By Carrie Johnson Washington Post Staff Writer Thursday, June 17, 2004; Page E03 In this case a new jersey insurance broker committed that he is guilty to insider trading using that information that he had received from the husband of a secretary who took care of mergers and acquisition at a new York law firm. Ronald A. Manzo, 60, also lied to regulators at the Securities and Exchange Commission who were investigating purchases of seven stocks in 1998 and 1999, federal prosecutors in New York said.He earned more than $980,000 through the scheme, they said. Manzo could be sentenced to 40 years in prison and be fined millions of dollars. Prosecutors unsealed a related guilty plea by Fiore J. Gallucci, who allegedly passed information about pending deals from his wife, an assistant at Skadden, Arps, Slate, Meagher Flom LLP, to Manzo to curry favor with him. Gallucci, 62, received some money from Manzo but did not trade in the stocks himself. His wife, who no longer works at Skadden. did not know he was improperly sharing the information and was not charged with breaking the law. Separately, the SEC sued Gallucci, Manzo and Gary B. Taffet, a former chief of staff to New Jersey Gov. James E. McGreevey (D), for insider trades that resulted in $3 million in profit. The SEC said that Manzo tipped off Taffet using the information he had acquired from Gallucci. Gallucci and Manzo are in negotiations to settle the civil charges but Taffet, who was not charged with a crime, is fighting the allegations. â€Å"We are disturbed at the SEC’s decision to bring charges against Mr. Taffet, whose stock trading was not based on illegally obtained information.The reality is that Mr. Taffet did not know or deal with any insider at the companies he traded, nor did he knowingly disclose nonpublic information to any third party. Managers at Skadden, one of the most prominent dealmaking law firms in the world, said they cooperated with the investigation. Regulators said the practice of insider traders using information gathered from law firm employees is not uncommon. The crux of this case is that people who are in possession of material nonpublic information for legitimate reasons need to carefully consider to whom they can entrust this information.

Friday, October 25, 2019

A Kestrel for a Knave by Barry Hines Essay -- Kestrel Knave Barry Hine

A Kestrel for a Knave by Barry Hines For this assignment, I shall be looking at Barry Hines’ novel ‘A Kestrel for a Knave’. The story focuses on a day in the life of Billy Casper, a fifteen-year-old schoolboy growing up in an environment lacking in many ways. In this assignment I am to look at examples of deprivation in the various areas of Billy Casper’s life. Barry Hines writes about a young boy growing up in the 1960’s. Despite the fact that the Welfare State had been in place for over twenty years, Hines’ novel sheds much light on the kind of life some children still had to live, in order to survive in societies that should have been well developed. The text writes in extensive detail about how a boy like Billy had to live, and I felt quite sympathetic towards Billy – for him having to endure so much abuse in one day. Considering the Welfare State had been firmly in place for two decades, reading this novel opened my eyes to how some families had to live. Barry Hines was a teacher and he would have had first hand experience of what life was like for some children of the era. Maybe, through such a novel, Hines hoped to raise awareness by outlining the poor standards in which people were living. I shall now therefore like to explore ways in which Billy’s life lacked. Firstly I am going to write about how Billy’s life lacked within the home. I found that Billy was heavily denied of material possessions. For example – quite early on in the text - we learn Billy is deprived of the basic necessities of food. ‘There were a packet of dried peas and a half-bottle of vinegar on the shelves. The bread bin was empty.’ Such extreme circumstances caused Billy to steal; he stole a box of eggs, a choco... ... happening today that’s frightening, that makes me feel that it’s all been a waste of time†¦ Like it’s a waste of time standing here talking to you boys, because you won’t take a blind bit of notice what I’m saying†. Another characteristic Hines uses in order to create an effective novel is the person in which it is written. Hines writes the novel in third person, however he does not write as an omniscient author. I think this is a powerful way to put across the characters, since by this technique not even we, the sympathetic readers, are allowed into Billy’s thoughts, giving the heightened feeling of isolation and loneliness Billy is made to endure. In conclusion, I feel that Billy Hines was successful in conveying the issue of deprivation through the use of the novel ‘A Kestrel for a Knave’ and therefore brought about the need for change effectively. A Kestrel for a Knave by Barry Hines Essay -- Kestrel Knave Barry Hine A Kestrel for a Knave by Barry Hines For this assignment, I shall be looking at Barry Hines’ novel ‘A Kestrel for a Knave’. The story focuses on a day in the life of Billy Casper, a fifteen-year-old schoolboy growing up in an environment lacking in many ways. In this assignment I am to look at examples of deprivation in the various areas of Billy Casper’s life. Barry Hines writes about a young boy growing up in the 1960’s. Despite the fact that the Welfare State had been in place for over twenty years, Hines’ novel sheds much light on the kind of life some children still had to live, in order to survive in societies that should have been well developed. The text writes in extensive detail about how a boy like Billy had to live, and I felt quite sympathetic towards Billy – for him having to endure so much abuse in one day. Considering the Welfare State had been firmly in place for two decades, reading this novel opened my eyes to how some families had to live. Barry Hines was a teacher and he would have had first hand experience of what life was like for some children of the era. Maybe, through such a novel, Hines hoped to raise awareness by outlining the poor standards in which people were living. I shall now therefore like to explore ways in which Billy’s life lacked. Firstly I am going to write about how Billy’s life lacked within the home. I found that Billy was heavily denied of material possessions. For example – quite early on in the text - we learn Billy is deprived of the basic necessities of food. ‘There were a packet of dried peas and a half-bottle of vinegar on the shelves. The bread bin was empty.’ Such extreme circumstances caused Billy to steal; he stole a box of eggs, a choco... ... happening today that’s frightening, that makes me feel that it’s all been a waste of time†¦ Like it’s a waste of time standing here talking to you boys, because you won’t take a blind bit of notice what I’m saying†. Another characteristic Hines uses in order to create an effective novel is the person in which it is written. Hines writes the novel in third person, however he does not write as an omniscient author. I think this is a powerful way to put across the characters, since by this technique not even we, the sympathetic readers, are allowed into Billy’s thoughts, giving the heightened feeling of isolation and loneliness Billy is made to endure. In conclusion, I feel that Billy Hines was successful in conveying the issue of deprivation through the use of the novel ‘A Kestrel for a Knave’ and therefore brought about the need for change effectively.

Thursday, October 24, 2019

Bhagat Singh, Indian Freedom Fighter Essay

Bhagat Singh, the epitome of heroism, was a revolutionist during the Colonial Period in India. Bhagat Singh was well known for his admiration of martyrdom. Bhagat Singh was one of the most well known Indian freedom fighters and Indian revolutionaries and who contributed significantly in the Indian Freedom Struggle against the British. Singh was born in a family that was actively involved in revolutionary activities against the British rule in the country. He is also addressed as Shaheed Bhagat Singh, meaning martyr. Singh was born in a Sikh family which was involved in revolutionary endeavors against the British. He was a prominent member of various revolutionary associations and was also one of the major leaders of the Hindustan Republican Association (HRA), which was later known as the Hindustan Socialist Republican Association (HSRA) in the year 1928. Early Life of Bhagat Singh Bhagat Singh was born on 28th September, 1907 to Sardar Kishan Singh Sandhu and Sardarni Vidyavati Kaur, in Khatkar Kalan village in Lyallpur district of Punjab. Arya Samaj had a strong on the life of Sardar Kishan Singh. His uncles as well as his father were all part of the Ghadar Party that was led by Kartar Singh Sarabha. The Jalianwalabagh Massacre, which took place in Punjab in 1919, had a deep impact on the mind of young Bhagat Singh. In the year 1920, Mahatma Gandhi started the Non Cooperation Movement. Bhagat Singh actively participated with a great hope that this movement would bring freedom to the country. Bhagat Singh challenged the British rule and followed the wishes of Mahatma Gandhi by burning his government-school books and imported clothes. During his early age, Bhagat Singh used to read a lot of literature and poetries especially written by Punjabi writers. Allama Iqbal from Sialkot, who was also a freedom fighter, was Bhagat Singh`s favourite poet. By winning an essay competition that was organised by Punjab Hindi Sahitya Sammelan in 1923, young Bhagat Singh attracted the attention of the Punjab Hindi Sahitya Sammelan. Initially, he studied at the National College in Lahore. But after some time, he ran away from his home in order to escape  early marriage. Contributions of Bhagat Singh Bhagat Singh became an active member of Naujawan Bharat Sabha and also joined Hindustan Republican Association, which was headed by Ashfaqulla Khan and Ram Prasad Bismil. Later on, he became the leader of the association. On 30th of October, 1928, a protest was led by Lala Lajpat Rai against Simon Commission but that too in a non violent way. During this protest, the police resorted to Lathi charge and Lala Lajpat Rai was severely beaten. After this incident, Bhagat Singh with other revolutionaries, planed to kill the police chief. But because of a mistaken identity, J. P. Saunders, a Deputy Superintendent of Police was shot instead of Scott. Immediately after that, Bhagat Singh left Lahore and he also shaved his beard and cut his hair to avoid recognition. After this incident, the Defence of India Act was enacted by the British government in order to give more power to the police. On the other hand, in response to this act, Hindustan Socialist Republican Association planned to blast a bomb particularly in the assembly, where the act was supposed to be passed. According to their plan, it was decided that Bhagat Singh and Batukeshwar Dutt would throw the bombs. On April 8, 1929, they threw the bombs; however it neither killed nor injured anyone. Bhagat Singh and Batukeshwar Dutt surrendered themselves for arrest. They were sentenced to Transportation for Life for the incident. It was after their arrest that the British rulers came to know that Singh was involved in the murder case of J.P. Saunders. He admitted his crime and made statements in the court against the British as a tool to publicize their cause of freedom struggle. However, the court ordered the case to be carried out without members of the association who were present at the hearing. This order produced a chaos amongst the supporters of Bhagat Singh. Bhagat Singh along with other prisoners launched hunger strike in the jail. The main reason behind this was that the British thieves and murderers were given better treatment than the Indian prisoners. According to law the Indian political prisoners were supposed to be given better rights. He also demanded that the Indian political prisoners should not be forced to do any sort of undignified work. This hunger strike lasted for 63 days and ended with the submission of British power. With this, he gained tremendous popularity. Ideology of Bhagat Singh Bhagat Singh used to maintain diary while in jail. The diary was a precious one as he made numerous notes relating to the quotations and popular sayings of various people whose vies he supported, prominent were of Karl Marx and Friedrich Engels. Political thought of Bhagat Singh`s evolved gradually from Gandhian nationalism to revolutionary Marxism. By the end of 1928, Singh and his comrades renamed their organisation the Hindustan Socialist Republican Association. After going through the teachings of Karl Marx, Friedrich Engels, and Vladimir Lenin, he came to believe that, India with such a large and diverse population could only survive properly under a socialist regime. Bhagat Singh became the first socialist leader of the country. Bhagat Singh was hanged on 23rd March, 1931 at 7:30 pm, in Lahore Jail, along with fellow revolutionaries Sukhdev and Jai Rajguru. After his execution, youths in the country rioted in protest. Thus the desire of Bhagat Singh to inspire thousands of youths to assist the Indian independence movement took a serious turn.

Wednesday, October 23, 2019

How to Brief a Case

HOW TO BRIEF A CASE Below I have sketched in the beginnings of a brief as a format. This time-honored method of analysis is the basic unit of law school instruction and so most judicial opinions are written to conform to this approach. Knowing the rules makes watching the game so much more interesting. Start with the name of the Case which is called the â€Å"style† of the case. PERLA GRAFF v. JAY L. GRAFF, 569 So. 2d 811, Fla. 1st Dist. Ct. App. (1990). First is the case name, followed by the citation which tells where you can find the hard copy of this case.This particular case is found in Volume 569 of the Southern Reporter, Second Series at page 811 in an opinion written by the First District Court of Appeals for Florida in 1990. FACTS: (In this section you want to state the circumstances and events that led to the plaintiff suing the defendant as well as any facts relevant to the issue(s). ) The parties were married for over 13 years, but, prior to the marriage the Husban d purchased a home solely in his name.Thirteen years into the marriage, and for survivorship purposes only, the Husband deeded the property to both he and his wife as tenants by the entireties. Additionally, the parties used their joint checking account to make the mortgage payments and the parties used marital monies to add a pool and replace the roof. The Husband testified that he purchased the home for $48,000. 00 prior to the marriage and that at the time of the divorce the home’s value was between $100,000. 0 and $110,000. 00. ISSUE: (In this section you want to state the specific legal question(s) raised in the case. Look at the overall question(s) to be resolved by the court. Sometimes you will have more than one question, but, you want to state your issue as a question or begin your issue with the word ‘whether’) Whether the increased value of the marital home was a marital asset and therefore whether the Wife was entitled to equitable distribution of tha t value.HOLDING: (In this section identify how the court answered the issue. You want to answer the issue(s) in the affirmative or negative, mirroring the issue as you answer it. ) The increased value of the home was a marital asset and the Wife was entitled to equitable distribution of that value. LAW: (In this section you state the law used by the court to reach its decision. Sometimes it will be common law, meaning a court decision or it will be based on statute. ) Section 61. 75, Florida Statutes, Equitable distribution of marital assets and liabilities. RATIONALE: (What legal reasoning formed the court’s decision? What rules of law, for example, did it apply? How did it interpret legal principles or documents? How did it construe the facts? In other words, why did the court reached its decision? ) Here you outline the court’s theory of why the increased value of the Husband’s pre-marital home was a marital asset and therefore why the Wife was entitled to eq uitable distribution of it.This should always be the longest section of the brief since this is the only actual discussion of legal theory. The court held in favor of the form wife using Section 61. 075 concerning equitable distribution of marital assets and finding that the increased value of an asset solely owned by one spouse prior to the marriage may be a marital asset subject to equitable distribution if the increased value was the result of either the work efforts of one or both spouses or the expenditure of marital funds or earnings of the parties. Pursuant to Sect. 61. 75 the Court was required to begin with the understanding that a nonmarital asset is to be set apart to the spouse who held the asset prior to the marriage, however, in this case the Former Husband added the Former Wife to the marital home title thus making the marital home a joint asset for distribution purposes. Thus the court must then, pursuant to Sect. 61. 075 divide the equitable value of the property eq ually, unless there is reason to do otherwise. In this case, the Former Husband attempted to argue the asset should still be treated differently because he only placed the Former Wife’s name on the title in the event of his demise.Even if the Court were to use that argument, the law still entitles the Former Wife to equitable distribution of the asset because the increased value of the asset was based on the joint efforts of both spouses as the Former Husband In making its findings the court looked at the facts the parties used their joint checking account to make the mortgage payments and the parties used marital monies to add a pool and replace the roof. Thus equity required that the increased value of the marital home be treated as a marital asset subject to equal distribution.