Business Placement Essay Example | Topics and Well Written Essays - 4000 words

Business Placement - Essay Example For the purpose of this assignment, the fields selected are energy, FMCG and Information Technology. The reason for selecting FMCG and energy is their extensive nature and opportunities of having employments on global scale. There are many companies in these sectors that are operating on global scale e.g. Nestle, Unilever, P&G, 3M, Philip Moris, British American Tobacco, Colgate-Palmolive, Kellog etc. On the other hand, companies operating in these industries at small and medium level are also using e-commerce and other techniques to expand their operations beyond borders through imports and exports. If American industry is explored alone, the market is quite extensive and there is still a room for new entrants to exploit opportunities offered by this industry. My third choice would be IT sector. The reason for selecting IT industry is its robust and highly creative nature. Everyday new applications and products are coming into market and there is a never-ending need for innovative p roducts and services. In order to understand dynamics of each industry, it is important to explore how they operate individually, what kind of career prospects and remuneration they offer along with skills required by each of them. For this purpose, an extensive industry analysis is performed with reference to FMCG, energy and IT sector in United States. This analysis will further help in analyzing career opportunities available in respective fields of employment. The research regarding best employers was performed with the help of various online sources and periodicals such as business insiders, Forbes, CNN Money. With the help of this research, it was found that Google Inc was one of the best employers which not only provided better and growing career prospects but also a suitable working environment as well. Since work environment is one of the most important factor affecting employees’ satisfaction and their retention with their employers, therefore Google Inc would be my future prospective employer from IT sector (CNN Money, 2013). Another top employer is 3M from FMCG sector. Lastly, Devon Energy company would be a preferred employer from energy sector. 2.0 Energy Sector in United States The United States is named as the market leader when it comes to global energy sector. Similarly, with increase in commercial and domestic consumers, it is also the biggest user of energy resources. The industry itself has various kinds of sub-fields such as renewable energy and fuel, oil and gas, coal and nuclear energy, industrial energy efficiency, smart grid etc. The energy sector of United States alone contributes $ 6billion in global energy market (SelectUSA-Energy, 2013). The employers in this field mainly perform integrated process, exploration and production, refining, marketing, pipeline, marine businesses, and service and supply. According to American Petroleum Institute (2013), â€Å" The industry also supports 9.2 million U.S. jobs and 7.3 percent of the U.S. economy, delivers $86 million a day in revenue to our government, and, since 2000, has invested over $2 trillion in U.S. capital projects to advance all forms of energy, including alternatives.†

The microsoft case Assignment Example | Topics and Well Written Essays - 500 words

The microsoft case - Assignment Example onopolizing, attempts for monopolization, conspiring or combining with other people with the motive to monopolize part of a  trade  among several States. However, Microsoft was aiming at gaining the monopoly power in the PC market (Economides, 2001). Yes,  I do agree that Microsoft was trying to gain monopoly power in the computer software industry.  Microsoft  mismanaged the opportunity of being the leading market holder in the computer industry, which led to antitrust behavior investigations. The Company had managed to  attain  95% market share through antitrust behaviors (Brinkley & Lohr, 2000). The reports led to the  investigation  for determining whether Microsoft is aiming at establishing a monopoly in the market of the computer software. There have been numerous facts proving that Microsoft was making  efforts  monopolize  the  industry  of software. The creation of Microsoft Office as a package that comprises of packages that are  entirely  assisting the  professional  was a deliberate move to monopolize the market. Microsoft  was also sued  due to developing an operating system that had Windows Media Player; thus, engaging the real media player in unfair competition (Brinkley & Lohr, 2000). In Monopoly markets, Companies have market  power in given segments that  involve  the  production  of commodities. The Monopolies are also the price makers of the products produced. In the case where Government Monopoly  is involved, the government controls accessibility to production. The Government monopoly relates to a monopoly of government cooperation or an agency. However, there are Pros and cons to the natural monopoly. The natural monopoly results due to businesses that require a high start up costs in order to operate in a given business. To the company, monopoly ensures that unnecessary competition is avoided; this results to increased marginal revenue and  strong brand name (Tucker, 2010). Monopoly ensures that an organization enjoys economies of scale

How would the Foreign Corrupt Practices Act come in toplay in terms of Essay

How would the Foreign Corrupt Practices Act come in toplay in terms of Globalized Ethics - Essay Example ell as organizations residing within the US or in any other country from paying or accepting bribes from foreign nationals in return for governmental favors or in order to expedite a particular process. This provision also applies to foreign firms and nationals residing within the US and who are caught in the act of bribery. The act includes issuers whose securities are registered in the US even of the person or the organization is outside the US territory (Osajda, 2010; Glynn, Kobrin & Naim, n.d; Foreign Corrupt Practices Act). Thus the FCPA has a broad reach both within and outside the US and is striving to bring an end to corruption on the global front. The main focus of the act is the purpose for which the money is being transacted. While the act does not interfere with payments made for undertaking routine governmental duties, it imposes heavy fines on those who indulge in corruption (Foreign Corrupt Practices Act). In order to prohibit such illegal laundering of money in other world countries the US appealed to the Organization of Economic Cooperation and Development (OECD) to issue a recommendation on anti-bribery to its constituent countries. Though the move was initially opposed by the Germans, French and British, it has over the years gained support from these countries who have also adopted suitable measures to combat bribery within their countries. In addition adopting legislative measures to prohibit bribery the OECD has further taken several initiatives to urge countries around the word to pass laws on criminalization of bribery that would help them to achieve zero-tolerance against corruption (Glynn, Kobrin & Naim, n.d). 2. Glynn, P., Kobrin, S. J., & Moises Naim. (n.d). The Globalization of Corruption. Institute for International Economics, Publications. Retrieved Jan 8, 2013, from

A Historical Look at U.S. GAAP Essay Example for Free

A Historical Look at U.S. GAAP Essay ABSTRACT This paper discusses the historical development of generally accepted accounting principles through its contributing sources from 1930 to the present. U.S. Businesses had been using double entry accounting since the 1800s yet no uniform accounting practices had been introduced until the American Institute of Accountants (AIA) recommended to the New York Stock Exchange in 1932, †¦Ã¢â‚¬ five broad principles of accounting which have won fairly general acceptance†¦Ã¢â‚¬ , (Zeff, 2005, para. 4). In which, the terms â€Å"fairly present† and â€Å"in accordance with† were first used followed up with â€Å"generally accepted accounting principles†. Later, a sixth principle was approved. These recommendations were based on the three assumptions that all business transactions were apart from the business owner, all transaction currencies measured in the US dollar, the assumption of time and the matching principle. Thus establishing a foundation of which all future accounting principles are based. The AIA formed the Committee on Accounting Procedures (CAP) to publish Accounting Research Bulletins (ARB) on GAAP under the authority of the Security and Exchange Commission (SEC) created by the Securities Act of 1934. The CAP was later reorganized into the Accounting Principles Board (APB) that issued Opinions between 1959 and 1973. The Financial Accounting Standards Board (FASB) has been the source for private sector generally accepted accounting principles since 1973. Input by the private sector has been crucial to the development of GAAP since 1930. Historically, GAAP is influenced by the business condition and public interest. The Great Depression left the public with little faith in the private sector. Although the knowledge and experience of businesses would be consulted for standards; businesses were not trusted to set and regulate accounting standards. A common practice in the 1920s was to adjust asset values upward to the highest market value arguably misleading investors prior to the 1929 crash (Zeff, 2005, para. 10). In response, CAP and the SEC strongly mandated historical cost accounting as the acceptable basis of reporting. Shortly after, the U.S. was brought into WWII directing the CAP’s focus to issues pertaining to war time accounting. In addition, the CAP addressed the issues of the exclusion of unrealized profit from income, the use of capital surplus to offset losses, and notes and accounts receivable from officers, employees, and affiliated companies. The most notable item during the CAP’s tenure summed up was its ARBs issued in response to congress’s decision permitting companies to use the LIFO inventory method. This was a rare instance that tax policy influenced GAAP and was initially directed to companies purchasing natural metals because the FIFO method was equated to higher income taxes due to the time lapse between the asset’s acquisition and sale (Zeff, 2005). The method was available to all industries in 1939. While CAP was praised for addressing questionable reporting practices prior to the crash; it was mostly labeled as weak by critics for failing to set a uniform accounting framework to mitigate comparability issues. At the advice of the AIA, now known as the AICPA, the Accounting Principles Board replaced the CAP. ARB 43 was quickly published to restate all Accounting Research Bulletins and eliminate any superseded ARBs. The research driven APB published 31 opinions. The first few answered reporting questions regarding the investment credit per the Revenue Act of 1962 allotting businesses a credit for a â€Å"†¦specified percentage of the cost of certain depreciable assets placed into service after 1961† (FASB, 1962, para.1). The board concluded that the credit may be recorded as an offset to net income over the asset’s life or as a reduction in acquisition cost during the period it occurred. This is important because it is a conceptual precursor to today’s section 179 and bonus depreciation credits of which most small and medium sized businesses depend on and consider when determining capital investments. All opinions regarding credits and other tax reporting issues were later superseded by the FASB’s statement number 109, Accounting for Income Tax. Many of the APB’s remaining opinions dealt with emerging issues brought about by the postindustrial economy. For instance, the board developed guidelines for intangible assets such as goodwill, the equity method of accounting for common stock, accounting for employee stock options, the reporting of extraordinary items in the income statement, and set the criteria to use pooling of interest or the purchase method in business combinations. The most controversial accomplishment of the APB was its 1970 publication Basic Concepts and Accounting Principles Underlying Financial Statements of Business Enterprises. The board’s issuance of this as a non-authoritative â€Å"standard† rather than opinion was met with negative criticism as it failed to commit to any conceptual framework solutions and reaffirmed the fundamental disagreement among members on this topic. The board was soon after dissolved and replaced by the FASB with new, independent members in 1973. Nearly all APB Opinions were superseded by FASB statements (FAS) at different points in time. The FASB remains the authoritative source for private sector accounting practices today. The Sarbanes Oxley Act of 2002 restated the FASB’s position in setting accounting standards. The FASB does not have the authority to enforce standards. The responsibility has always been with managers to prepare and file financial statements in accordance to GAAP with the SEC. Auditors, overseen by the Public Company Accounting Oversight Board (PCAOB), issue opinions on the conformity and accuracy of the financial statements. The role of auditors has become increasingly crucial in the post Enron era. The FASB remains committed to addressing any deficiencies in the reporting process and meeting regularly with the PCAOB and SEC to prevent future financial disasters. Probably the most serious issues to date addressed by the FASB resulted from the subprime mortgage crisis and the subsequent financial crisis of 2008. According to Leslie Seidman (2011), chairman of the FASB, high profile controversy relating to the determination of the fair value of assets and liabilities in an illiquid market prompted the issuance of FAS 157, Fair Value Measurements. Effective November 2007, the standard expanded disclosure for fair value measurements and included changes in fair value practice â€Å"†¦ for certain entities† (FASB, 2006, para. 1). The FAS 133 released in January 2008 provided new and additional guidance on derivatives and designated a team within the FASB to assist with statement implementation. The FASB works to â€Å"harmonize† the previously mentioned standards and all others with International Financial Reporting Standards (IFRS). Discussion of international accounting principles has occurred for decades and an International Accounting Standards Committee (IASC) has existed since 1973. It was not until the 1990s when globalization motivated the FASB to deliberate a strategic plan for international activities. In 2002, the FASB and IASB started collaborating to â€Å"converge† US GAAP and International Accounting Standards. A memorandum of understanding was released by the two boards in 2006 and amended in 2008. In 2011, the FASB sent a letter to the IFRS Foundation Trustees describing its views on many key issues. The FASB continues to balance long term IASB projects with its work on issues relating to US GAAP. REFERENCES Financial Accounting Standards Board. (1962). APB 2: Accounting for the â€Å"Investment Credit†. Retrieved from http://www.fasb.org/cs/BlobServer?blobkey=idblobwhere=1175820900137blobheader=application%2Fpdfblobcol=urldatablobtable=MungoBlobs Financial Accounting Standards Board. (2006). Summary of Statement No. 157. Fair Value Measurements. Retrieved from http://www.fasb.org/summary/stsum157.shtml Financial Accounting Standards Board. (2012). International Convergence of Accounting Standards –Overview. IASB-FASB Update Report. Retrieved from http://www.fasb.org/jsp/FASB/Page/SectionPagecid=1176156245663 Seidman, L.F. â€Å"The Role of the Accounting Profession in Preventing Another Financial Crisis.† U.S. Senate Banking, Housing, and Urban Affairs Subcommittee on Securities, Insurance, and Investment [Testimony]. FASB. April 6, 2011. Zeff, S. A. (2005). The Evolution of U.S. GAAP: The Political Forces behind Professional Standards. The CPA Joural, Retrieved fro m http://www.nysscpa.org/cpajournal/2005/105/infocus/p18.htm

Ownership of a Company

Ownership of a Company Introduction In this assignment, I will be discussing about the scenario and the legal areas in which someone members may have been in breach of. I will also be deliberating whether if Susan as a shareholder, may also have liability as a director within the company and if he has breached any of her statutory duties. Body [1]Under the Companies Act 2006, the duties and responsibilities of a company director(s) has been set out in this Act. Under sections 171-182 of the Act, it provides the possibility and nature of these, by listing a clearly what the fiduciary obligations of the directors are. The Act frameworks the statutory government for the duties of directors, that entails the seven principles that are a necessity obligation for directors. A Company Director(s) is a person or people whom are chosen to manage the companys affairs, activities and financial state, to guarantee that all legislative requirements of the company, is met. Director(s) must be sure to act legitimately and reliably, and make decisions that will profit not only the company, but the members within the company too. It is the duty of the Director(s) to make sure that the company triumphs by attaining its corporate purposes. Under sections 170-172 Companies Act 2006, company directors have an obligation to act by means of how far it can go. [2]In the case of Re Smith Fawcett Ltd [1942] 1 All ER 542, which is very significant under section 172 of the Companies Act 2006, which concerns the importance of the interests of the company. Article 10 states that company executives could decline to enlist share exchanges. Mr Fawcett, one of the two executives and shareholders, had passed on to Mr Smith who is another executive of the company, declined to enlist an exchange of shares to the late Mr Fawcetts agents. Also in the case of [3]Percival v Wright [1902] 2 Ch 401 it was held that the duty of care wasnt to the shareholders but to the company itself. Swinfen Eady J made the following statement, It was strenuously urged that, though incorporation affected the relations of the shareholders to the external world, the company thereby becoming a distinct entity, the position of the shareholders inter se was not a ffected, and was the same as that of partners or shareholders in an unincorporated company. I am unable to adopt that view [4]A large portion of the shares were purchased, and the other half offered to the initiators. This case was held by Lord Greene that without mala fides, this was appropriate. Privately owned businesses are much more analogous to partnership than to public companies. He made this statement, [5]The principles to be applied in cases where the articles of a company confer a discretion on directors are, for the present purposes, free from doubt. They must exercise their discretion bona fide in what they consider not what a court may consider is in the interests of the company, and not for any collateral purpose. Under section 176 of the Companies Act 2006, Susan has an obligation to avoid undisclosed profits. [6]As demonstrated in the case of Boston Deep Sea Fishing and Ice Co V Ansell (1888) 39 Ch D 339, it is obvious that a business who rejects a representative wrongfully, will effectively protect the claim on the off chance that it in this way reveals proof of prior gross unfortunate behaviour by the worker, regardless of the possibility that it was unconscious of the offense when it fired the representatives work. The issue for this situation was whether a similar guard applies where the business has neglected to make a PILON as per the terms of an agreement of work. [7]The Court of Appeal held that, without authoritative arrangements despite what might be expected, the business was not qualified for maintaining a strategic distance from the results of selecting, to practice the PILON clause on revelation that an outline expulsion could have been supported. It will only be right for Susan to return any profits that was made from this, back to the business. She has also breached her duty under section 182 and under section 172 of the Companies Act 2006, which is failing her duty to promote the success of the business. [8]Under section 174 of the Companies Act 2006, Clayton is in possible break of his obligation to practice with reasonable care, skill and diligence. [9]This was first set out by Romer J in the case of Re City Equitable Fire Insurance Co [1925] Ch 407, were the case was regarding the duties of directors and precisely the duty of care of these directors. This is to express that if a director for example is to be an expect in the field area of computers such as Clayton, who is a Software Engineer, the standard or care and knowledge that will be expected from him and toward his duties, will be that of a person who has high knowledge in this area. Clayton is an expect with computers so in this case, he has an expect in this area and as the director of the company, and obliged to follow his duties, he shouldnt have allowed himself to be distracted and completed the task to the best of his abilities, by carefully checking that the computers are full functioning. Not only was he unprofessio nal in his duty, he was cost the company a loss, as the computers are worthless. As developed in Re DJan of London Ltd [1994] 1 BCLC 561, directors are obliged to perform unbiased duty of care, founded on what must is deemed rationally and anticipated of a director. Similar standards was raised in the cases of [10]Dorchester Finance Co Ltd v Stebbing Ors[1989] BCLC 498, were Dorchester Finance which had gone indebted, made a claim against Mr Stebbing and two other non-official executive bookkeepers who regularly marked limitless tickets to ride which were later countersigned by Mr Stebbing. It was held that executives of a business will undoubtedly act in compliance with common decency and considering a legitimate concern for the business. They additionally needed to show such ability and care as ought to be sensibly anticipated from individuals with their insight and experience. Glen has breached his duties under the Companies Act 2006, section 177. Glen owns a duty of care to reveal her interest in the proposed contract. Glen didnt act in good faith but rather, found a way to con more money out of the company. Members of Wireless Us Ltd, may choose to ratify the contract based on misconduct by the [11]director amounting to negligence, default, breach of duty or breach of trust in relation to the company. As Glen failed to declare any profit that was made from this transaction, he is liable to make sure that all profits made has be paid directly back to Wireless Us Ltd. This was similarly demonstrated in the case of [12]Regal (Hastings) Ltd v Gulliver [1942] UKHL 1, that involved the regulation contrary to executives from captivating company chances in desecration of their obligation of allegiance. In this case the court held that, if a director takes advantage of a prospect, the director has breached his duties even if he was caught before being able to tak e advantage. Equally to what I stated earlier, the breach can be authorised. It must be distinguished that under section 182 of the Companies Act 2006, Glen obligates a criminal offence if he fails to unveil his interest with the ongoing contractual agreement. You could also say that both Susan and Glen, are both in breach of section 174 of the Companies Act 2006. As well as be in breach of exercising the independent judgment, under section 173 of the Companies Act 2006. The lawful results of the scenarios and conceivable remedies include: Ratification by individuals, under section 1157 of the Companies Act 2006 alleviation from court, and under section 175 of the Companies Act 2006 which is the capacity for executives to approve. It is vital to note that under section 232 of the Companies Act 2006, the organisation is restricted from giving directors repayment in regard of rupture of obligation. Cliff, Glen and Clayton own a duty of care to Faith to treat her equally as they do with other members with the Company. [13]As directors of the company, they are breaching their executive obligation by not acting accordingly to their position. It is the duty of the directors to make sure that they provide their employees with the resources they need, in order from them to able to do their job as per instructed. Under the Companies Act 2006, it is obligatory that the directors to respect the interests of their employees. Meaning that, they must listen to the request of their employees, as well as take into consideration anything they may request for, especially if the request made is in benefit of the company, and if their will also impact the outcome of their job performance. Shareholders and executives have two totally unique parts within a corporation. Shareholders only own the company by their possession of the shares that they have bought within the company. Whilst directors, are those that manage the cooperation and, have a say in how its operated. Unless it has been stated otherwise, a shareholder shouldnt and neither does it have right to act as a director. The same applies to that of a director. In this case, doesnt have any liability as the director or the company, as it is specified that she is only a shareholder. [14]The partition in law amongst executives and shareholders can bring about disarray in privately owned businesses. On the off chance that a few people set up a business together they regularly consider themselves to be accomplices in the business. That relationship is frequently spoken to in a business, by them all being both executives and shareholders. The issue with this is that, Company Law requires a few choices to be made by the executives in executive gatherings and others to be made by the shareholders, by composed resolutions or by resolutions at a general gathering. In a rather off chance way, you could say that shareholders do have a say in the companys management/decisions as under the Companies Act 2006, when it comes to some choices such as changing the articles with in company, the executives of the company cannot do so, without consulting and getting consent, from the shareholders. Conclusion Under section 40 of the Companies Act 2006, it is intended to manage the cost of assurance to guiltless third party, that go into exchanges with the business, and gives that, for a man managing a business in accordance with some basic honesty, the force of the executives that tie with the business, or approve others to do as such, is esteemed free of any restriction under the business constitution. A third party will automatically assume that the directors of the company have some sort of authority to bind the company, with there is no establish power in the company. This is a typical entanglement executives fall into and convey chance they may not by any means figure it out. Company executives will owe a trustee obligation and an obligation of care, regardless of whether this is set out in their contractual agreement. These obligations apply to both official and non-official executives. The statutory obligations supplant many existing precedent-based law and even-handed standards. The statutory obligations are owed to the business and only the business will have the capacity to authorise them. Bibliography Companies Act 2006 Section 239, (legislation.gov.uk) accessed 18 December 2016 Duties and Personal Liabilities of A Company Director, accessed 18 December 2016 In Re Smith and Fawcett Ltd: CA 1942, (Company, 22 August 2016) accessed 18 December 2016 Kershaw D, Company law in context: Text and materials (2nd edn, Oxford University Press 2012) 335 Boston deep sea fishing and ice Co v Ansell: CA 1888, (Agency, 9 July 2015) accessed 18 December 2016 Belcher A, Directors decisions and the law: Promoting success (Routledge 2013) 78 MÃ ¤ntysaari P, Comparative corporate governance: Shareholders as a rule-maker (Springer-Verlag Berlin and Heidelberg GmbH Co. K 2005) 182 Regal (Hastings) Ltd v Gulliver: HL 20 Feb 1942, (Company, 28 July 2016) accessed 20 December 2016 Hannigan B, Company law (Oxford University Press 2015) Worthington S, Sealy Worthingtons text, cases, and materials in company law (Oxford University Press 2016) 338 [1] Duties and Personal Liabilities of A Company Director, accessed 18 December 2016 [2] In Re Smith and Fawcett Ltd: CA 1942, (Company, 22 August 2016) accessed 18 December 2016 [3] Sarah Worthington, Sealy Worthingtons text, cases, and materials in company law (Oxford University Press 2016) 338 [4] In Re Smith and Fawcett Ltd: CA 1942, (Company, 22 August 2016) accessed 18 December 2016 [5] David Kershaw, Company law in context: Text and materials (2nd edn, Oxford University Press 2012) 335 [6] Boston deep sea fishing and ice Co v Ansell: CA 1888, (Agency, 9 July 2015) accessed 18 December 2016 [7] Boston deep sea fishing and ice Co v Ansell: CA 1888, (Agency, 9 July 2015) accessed 18 December 2016 [8] Alice Belcher, Directors decisions and the law: Promoting success (Routledge 2013) 78 [9] Petri MÃ ¤ntysaari, Comparative corporate governance: Shareholders as a rule-maker (Springer-Verlag Berlin and Heidelberg GmbH Co. K 2005) 182 [10] Dorchester Finance Co Ltd v Stebbing Ors[1989] BCLC 498 [11] Companies Act 2006 Section 239, (legislation.gov.uk) accessed 18 December 2016 [12] Regal (Hastings) Ltd v Gulliver: HL 20 Feb 1942, (Company, 28 July 2016) accessed 20 December 2016 [13] Brenda Hannigan, Company law (Oxford University Press 2015) [14] Brenda Hannigan, Company law (Oxford University Press 2015)

Quen Elizabeth I :: essays research papers

Queen Elizabeth I King Henry VIII was married to Catherine of Aragon when the young girl Anne Boleyn caught his eye. Henry believed himself in love with the young Anne and was determined to end his marriage with the older Catherine. King Henry wanted an annulment from Catherine, yet to obtain one meant having the Pope’s approval. Catherine had a powerful connection to many such as the great emperor Charles V, the Pope would not offend such a man and denied King Henry his annulment to his Queen Catherine. King Henry discreetly engaged n an affair with the young Anne Boleyn.   Ã‚  Ã‚  Ã‚  Ã‚  King Henry and his advisors established their own church breaking away from th Catholic Church and formed the Church of England. King Henry now had full ecclesiastical power over England known as reformation. With king Henry’s new power over the church he would now obtain his anullument from Catherine of Aragon. 1   Ã‚  Ã‚  Ã‚  Ã‚  In Januaray of 1533 King Henry married his pregnant Anne, who was belived to be carrinying the male heir to the throne. â€Å"Both Henry and Anne believed with their whole heart that the child she was expecting was a boy, and had every reason to as the philosophers and astronomers assured the jubilant king   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Scruton 2  Ã‚  Ã‚  Ã‚  Ã‚   that this time he would have a son.† (Thomas, par. 4) To the disappointment of the King, Queen and her supporters Anne gave birth to a girl, Elizabeth Tudor. â€Å"Elizabeth's birth was one of the most exciting political events in 16th century European history; rarely had so much turmoil occurred on behalf of a mere infant.† (Englishhistory) 4 Elizabeth’s birth was greeted with little celebration, however three days later she had a grand Christening a Greenwich Palace. 'Henry, beside himself with disappointment, did not attend the christening.' 2   Ã‚  Ã‚  Ã‚  Ã‚  King Henry’s attitude towards his young wife changed aftr the birth of his Princess and he openly show his tiredness towards his Queen. His only heir was a young girl, and this was considered undesirable to have a woman ruler. France even had laws to prevent such an occurrence. Anne tried to have a son yet failed to do so miscarrying and then giving birth to a premature dead baby boy. Some have said that she lost her savior 1   Ã‚  Ã‚  Ã‚  Ã‚  As Anne had her second mishap Catherine of Aragon died leaving Henry wanted yet another wife in the hope of producing a male heir. Anne was charge with adultery, witchcraft, and incest in which the jury found her guilty and was sentenced to death by beheadment.

DNA Profiling and Ethics

DNA Profiling and Ethics Reflection Journal Vanshika Khemka 14th October 2012 â€Å"33 autorad off† On 10th September 1984, geneticist Alec Jeffrey’s wrote these three words in his red desk diary. This marked the completion of an experiment, which studied how inherited illnesses pass through families. The experiment failed entirely. (McKie, 2009) However, this led to the most profound discovery: the world’s first DNA fingerprint. Now, the smallest swab of blood or sweat can determine the identity of an individual.We will discuss this process of DNA profiling in this journal. After going into the in-depth analysis of DNA profiling, we will discuss its uses and the ethical and legal issues that swarm the subject. |What is DNA Profiling? | Formally, DNA profiling is the analysis of short, highly specific, tandem-repeated- or hypervariable- genomic sequences, minisatellites known as variable number of tandem repeats (VNTRs), to detect the degree of relatedness to ano ther sequence of oligonucleotides. Segan, 1992) It is a technique employed by  forensic scientists  to assist in the identification of individuals by their respective  DNA  profiles, which are encrypted sets of numbers that reflect a person's DNA makeup and can also be used as the person's identifier. |The Process | Deoxyribonucleic Acid (â€Å"DNA†) is a six-foot long molecule found in the nucleus of every cell in the body. With the exception of identical twins, each individual’s DNA is unique.Thus the first step in the profiling process is to obtain a sample of the individual’s DNA, which is usually done using a buccal swab (i. e. from the cheek). We could also use a sample of blood, semen or hair. This sample is then analyzed using different techniques; discussed below. |Techniques of DNA Profiling | |Restriction Fragment Length Polymorphism (RFLP) |It is a technique that exploits variations in homologous DNA sequences. It refers to a difference bet ween samples of homologous DNA molecules that come from differing locations of restriction enzyme sites, and to a related laboratory technique by which these segments can be illustrated. In this process, the DNA is first chemically extracted from the sample. It is then fragmented using restriction enzymes. These enzymes act like scissors and cut the DNA where a specific sequence occurs.By gel electrophoresis, the DNA fragments are placed in a gel through which an electric current is passed. Owing to the negative charge of the DNA, the fragments migrate toward the positively charged pole of the gel. The DNA is then denatured and Southern blotting transfers the DNA fragments to a nylon membrane. A buffer solution is pulled through the gel and membrane and absorbed in paper towels. Hybridization, brought about by radioactive probe, shows only those fragments of interest from the polymorphic area of the DNA.Autoradiography is carried out next where the blot is placed in contact with a p iece of x-ray film, where the radioactivity probe exposes the film and bands appear on the film where the probe has bound to the DNA. The results are then interpreted and in the case of a criminal investigation or civil case, it is matched against the suspect’s DNA profile, thus completing the process. (Hoeffel, 1990) This method is however very long-winded, cumbersome and the combination of all the above-mentioned steps could take about a month to complete.A large sample is required which makes it tougher. Hence other methods are adopted in recent times. |Polymerase Chain Reaction | With the invention of the polymerase chain reaction (PCR) technique, DNA profiling took huge strides forward in both discriminating power and the ability to recover information from very small (or degraded) starting samples. PCR greatly amplifies the amounts of a specific region of DNA.This process increases the number of copies of the allele, making enough DNA to allow the test to be performed on what may have originally been a DNA sample of insufficient molecular weight. Due to this technique the test can be conducted using a single hair strand. (Hoeffel, 1990) This process consists of a series of 20-40 repeated temperature changes, called cycles, with each cycle commonly consisting of 2-3 discrete temperature steps. The cycling is often preceded by a single temperature step (called  hold) at a high temperature (>90 °C), and followed by one hold at the end for final product extension or brief storage.The temperatures used and the length of time they are applied in each cycle depend on a variety of parameters. These include the enzyme used for DNA synthesis, the concentration of divalent ions and dNTPs in the reaction, and the melting temperature (Tm) of the primers. The rest of the process is similar to the RFLP method. The major breakthrough is the fact that now the smallest trace of evidence can be used for DNA profiling as opposed to the large samples needed in th e RFLP method. |Short Tandem Repeat Analysis |Also known as Microsatellites, short tandem repeats is used as an extension of the PCR Method. This method uses highly polymorphic regions that have short repeated sequences of DNA (the most common is 4 bases repeated, but there are other lengths in use, including 3 and 5 bases). (Hoeffel, 1990) Because unrelated people almost certainly have different numbers of repeat units, STRs can be used to discriminate between unrelated individuals. These STR  loci  (locations on a chromosome) are targeted with sequence-specific primers and amplified using  PCR.The DNA fragments that result are then separated and detected using  electrophoresis. |Amplified Fragment Length Polymorphism | This is another technique that is much faster than RFLP and uses PCR. It not only has higher reproducibility, resolution, and sensitivity at the whole genome level compared to other techniques, but it also has the capability to amplify between 50 and 100 fra gments at one time. In addition, no prior sequence information is needed for amplification (Meudt & Clarke 2007).As a result, AFLP has become extremely beneficial in the study of bacteria, fungi, and plants, where much is still unknown about the genomic makeup of various organisms. |Applications of DNA Profiling | DNA profiling is extensively used for paternity testing and forensic analysis for criminal investigations. Parental testing is the use of genetic fingerprinting to determine whether two individuals have a biological parent–child relationship.Comparing the DNA sequence of an individual to that of another individual can show whether one of them was derived from the other. Specific sequences are usually looked at to see whether they were copied verbatim from one of the individual's genome to the other. (Berry, 1991) As for forensic analysis, laboratories compare the molecular weights of fragments of DNA from the suspect sample and crime sample and decide whether the t wo fragments could have come from the same individual. There are major benefits from this technology: the potential to make speedy and robust suspected offender identi? ations through automated profile comparisons in centralized criminal justice databases; the ability to con? dently eliminate innocent suspects from investigations; the increased likelihood of generating reliable and persuasive evidence for use in court; a reduction in the cost of many investigations; the likely deterrent effect of DNA databasing on potential criminal offenders; and a possible increase in public con? dence in policing and in the wider judicial process. (Berry, 1991) We will explore the ramifications of this extensive use in the next section. Is it ethical? | Now that we know the widespread use of DNA profiling, we see the power that it has and the influence it can have when it comes to people’s lives and the verdict issued in criminal cases. But is this power justified on an ethical front? Is i t ethical to give so much power into the hands of the people responsible for carrying out these tests? Indeed, the development and application of DNA pro? ling has been widely described as the â€Å"greatest breakthrough in forensic science since ? ngerprinting. † However, the spread of forensic DNA pro? ing and databasing has also prompted a wide range of concerns about problems that may arise from the storage of tissue samples (especially those taken from individuals without consent) and the proliferating uses of genetic information by the police. (Williams & Johnson, 2006) One could say that DNA profiling violates basic ethical values. Based on the values of liberty, our rights are technically reduced by police powers, which have the right to take and retain fingerprints and DNA profiles and samples without consent. The Forensic Use of Bioinformation: Ethical Issues, 2007) â€Å"So act that you use humanity, whether in your own person or in the person of any other, always at the same time as an end, never merely as a means†; these words of wisdom imparted by Kant, also suggest that DNA profiling and the freedom to use that as evidence without explicit permission of the individual concerned would be using them as a means to an end and not an end in themselves. Therefore it can be argued that using DNA profiling takes away autonomy. The Forensic Use of Bioinformation: Ethical Issues, 2007) Spatial privacy is â€Å"a state of non-access to the individual’s physical or psychological self†. This is invaded by the nonconsensual taking of biological samples and fingerprints, and, to a lesser extent, by unwanted surveillance of the individual. And as can be inferred by the very nature of DNA profiling, informational privacy and anonymity is infringed upon by using samples obtained from databases and tests. (The Forensic Use of Bioinformation: Ethical Issues, 2007)Additional issues arise if identifiable samples or profiles on a forensic d atabase are used for research outside the narrow context of identification and police investigations. Using DNA profiling for paternity testing and for determining one’s lineage can be very harmful as it violates the privacy of the people concerned. It could cause potential moral and mental harm to the parents and the children concerned as entire families can be uprooted as a result of this. Past criminal cases which used paternity testing also prove that relatives and families can be affected mentally as well as physically.People in witness protection programs as well as people on the police databases can be negatively affected if a previously unknown family link is reestablished without their knowledge and consent. (Haimes, 2006) The list of legal and ethical concerns is endless. The question the arises that which side wins? Benefits of DNA profiling, or the issues concerning DNA profiling? |Which side is stronger? | Having seen the costs and benefits of DNA profiling and i ts usage, the benefits are debatable on moral and ethical grounds.However, in my personal opinion, it does not have to be black and white; good or bad. There can be a grey area, a middle ground, where DNA profiling is neither entirely correct nor entirely wrong. There have been cases where DNA evidence has saved many innocent lives and incriminated people who had been causing immense harm to others. Thus, we should pass legislations, which aim at curbing violations and encouraging true and just practices. In the cases where the DNA of individuals is being used as evidence or if parental testing is being done, their should be informed consent by the individuals.They should be aware of the sensitive nature of the information and should be expressly asked for consent to have the data published or used as evidence. The National DNA Database set up in the UK is an example of the dangers and benefits DNA profiling can hold. Personally, a national DNA database in all countries would be a v ery risky venture as a lot of personal information would be at stake and inter country rivalries could result. We have established the power of DNA profiling and the power that people who have access to this information have. So I would like to end with a quote.One’s interpretation of this quote can determine where they stand on the matter. â€Å"It is time for you to gather some idea of what power means. The first thing you must realize is that power is collective. The individual has power in so far as he ceases to be an individual†¦ The second thing for you to realize is that power is power over human beings. Over the body- but, above all, over the mind. Power over matter- external reality, as you would call it- is not important. Already our control over matter is absolute. † – George Orwell, Nineteen Eighty-Four Bibliography | Berry, D. A. (1991). Inferences Using DNA Profiling in Forensic Identification and Paternity Cases. Statistical Science , 6 (2), pp. 175-205. Haimes, E. (2006, June 1). Social and Ethical Issues in the Use of Familial Searching in Forensic Investigations: Insight from Family and Kinship Studies. Journal of Law, Medicine and Ethics , 263-276. Hoeffel, J. C. (1990, January). The Dar Side of DNA Profiling: Unreliable Scientific Evidence Meets the Criminal Defendant. Stanford Law Review , 42 (2), pp. 465-538.McKie, R. (2009, May 24). Eureka moment that led to the discovery of DNA fingerprinting. Retrieved October 10, 2012, from The Guardian: http://www. guardian. co. uk/science/2009/may/24/dna-fingerprinting-alec-jeffreys Segan, C. J. (1992, February 15). DNA Profiling. The Dictionary of Modern Medicine . The Forensic Use of Bioinformation: Ethical Issues. (2007, September). NuField Council on Bioethics . Williams, R. , & Johnson, P. (2006, June 1). Inclusiveness, Effectiveness and Intrusiveness: Issues in the Developing Uses of DNA Pro? ling in Support of Criminal Investigations. Journal of Law, Medicine and Et hics , 234-247. Wikipedia