Monday, January 27, 2020

Individual Differences A Brief Overview Psychology Essay

Individual Differences A Brief Overview Psychology Essay A person differing from others is understandable, but how and why a person differs is less clear and is therefore a subject of the study of individual differences (Revelle, 2000). Individual differences are the differences among individuals, in regards to a single characteristic or number of characteristics, which in their totality distinguish one individual from another and make oneself a unique individual (Mangal, 2007). Characteristics that define individual differences can be classified into four main categories: Learning Style, Aptitude, Personality and Emotional Intelligence. 1.2 Learning Style Learning Style refers to the idea that every individual is different in regard to what manner of coaching or study is most useful for them (Pashler, et al., 2008). Some learn best by hearing information, while others see and/or write down information (Cherry, 2012). According to David Kolb; learning involves the gaining of abstract concepts, which are the intangible ideas that can be applied fluidly in a variety of situations, leading to knowledge (McLeod, 2013). Kolbs experience-based learning style theory is a four stage learning cycle in which effective learning can only be seen when an individual is able to accomplish all four stages of the cycle (McLeod, 2013). The cycle consists of: Concrete Experience Æ’Â   Reflective Observation Æ’Â   Abstract Conceptualization Æ’Â   Active Experimentation (McLeod, 2013). Concrete Experience: A new experience or situation is encountered, or a reinterpretation of an existing experience. Reflective Observation: Surveillance of others or developing interpretations about ones own knowledge/experience. Abstract Conceptualization: Daydreaming/Intuition/Reflection leads to a new idea, or a variation of an existing abstract concept learners create theories to explain observations. Active Experimentation: The learner applies its knowledge/experience/observations to the world around them in real time to see its outcome using theories to explain/answer problems and make proper judgments. 1.3 Aptitude The term aptitude is sometimes treated the same as abilities, particularly when the focus is on prediction of performance in other settings or occasions (Kyllonen Gitomer, 2002). Abilities are cognitive or mental characteristics that affect ones potential to learn or to perform, whereas aptitude includes any number of individual-differences factors that influence ones willingness or chances of learning or performing successfully (Kyllonen Gitomer, 2002). Even Aptitude and Intelligence Quotient (IQ) tend to relate in view of human mental ability, however, they are in fact quite the opposite. IQ sees intelligence as being a single measurable characteristic affecting all mental ability, whereas aptitude breaks mental ability down into many different characteristics which are supposed to be more or less independent of each other (wikia.com, 2013). Similarly skills, abilities and aptitudes are related but are separate descriptions of what a person can do, and thus, should not be conflated (wikia.com, 2013). Skills describe what a person has learned to do in the past (wikia.com, 2013); abilities describe what a person can do now (wikia.com, 2013); aptitudes, however, describe a persons potential to learn from the past and apply its learning in the future (wikia.com, 2013). All these describe what and how a person can learn to do something effectively. 1.4 Personality Personality explains the unique characteristics of individuals, as well as relationships among groups of people (Cherry, 2011). A person is able to stand out in the crowd due its personality; this is made up of the characteristic patterns of thoughts, feelings, and behaviors in an individual (Cherry, 2011). Although some outer forces can influence how certain characteristics are expressed, personality originates from inside an individual. While a few characteristics of personality may change with age, personality is likely to remain somewhat reliable during the whole life (Cherry, 2011). The major characteristics of personality are (Cherry, 2011): Personality is Organized and Consistent: People tend to communicate certain features of their personality in various circumstances and their responses are usually stable. Personality is Psychological, but is influenced by Biological Needs and Processes: While an individuals personality might lead him/her to be calm in normal situations, but when threatened or provoked it might lead him/her to be more aggressive. Personality causes behaviors to happen: People respond to others and objects in their surroundings based on their personality. From private preferences to choice of profession, every facet of their existence is affected by their personality. Personality is displayed through thoughts, feelings, behaviors and many other ways: An individuals presence/existence all together releases energy of good or bad vibes depending on how they connect with all that encompasses their surroundings. 1.5 Emotional Intelligence Emotional Intelligence (EI) is the ability to process emotions (Toyota, 2011); it is the ability to monitor ones own and others feelings, to differentiate among them, and to use this information to guide ones thinking and action (Salovey Grewal, 2005). A four-branch model, proposed by Mayer and Salovey, identifies EI as a set of four related abilities: Perceiving, Using, Understanding, and Managing Emotions (Salovey Grewal, 2005). Perceiving Emotions: The ability to detect and interpret emotions in faces, pictures, voices, and cultural artifacts. It also includes the ability to identify ones own emotions. Using Emotions: The ability to control emotions to smooth the progress of various cognitive activities, such as thinking and problem solving. Understanding Emotions: The ability to understand emotion language and to value complex affairs among emotions. Furthermore, it includes the ability to recognize and describe how emotions develop over time, such as how shock can turn into grief. Managing Emotions: Consists of the ability to manage and normalize emotions in both ourselves and in others. Task for M1: 2.0 Choose a psychometric test for each type that would yield the most valid and reliable results in the workplace. 2.1 Psychometric Test A Brief Overview Psychometric tests are structured assessments that aim to measure, without bias, characteristics of an individuals mental capacity, or aspects of their personality (Price, 2010). Business employers use it as it offers greater objectivity, reliability and validity than interviews; and also helps provide additional information that helps the employer to create an overall profile of employees and to foresee how they will function in the workplace (HJB.com, 2013). The tests are homogeneous, which means that all applicants sit the same assessment and are scored according to the same criteria, no matter where or when the test is completed (HJB.com, 2013). However, taking a wide range of tests depends upon individuals needs as to how they approach or want to approach their personal development (Becker, 2011). Focusing on improving weak areas of performance can lead to great progress in achieving objectives when strengths are identified and developed (Becker, 2011). Therefore, psychometric t esting can assist in choosing the approach that will deliver the most benefit. 2.2 Types of Psychometric Tests Psychometric assessments fall under two groups. The first measures and evaluates an individuals ability to understand verbal/written words or their ability to reason with numerical figures (Farrington, 2007), or to follow directions as asked (Price, 2010). The second measures personality traits through personality tests (Farrington, 2007), assessing everything from motivation to values, from personality inclinations to working preferences (Price, 2010). In the world of employment, the choice of test is extremely vital since such tests are used: during the recruitment phase to select the best candidate, or to help select candidates for career advancement (Price, 2010). As a result, tests are gradually more customized to the jobs they are used for. 2.3 Learning Style Psychometric Test The Learning Styles Questionnaire (LSQ) was developed to determine an individuals preferred learning style (PsychPress.com, 2013). There are four learning styles (Watts, 2007): Activist: Engage themselves fully in all new experiences. Reflector: Like to pause and take time to evaluate their experiences from every angle. Theorist: Like to adapt what they see into their own words in order to create their own theories, which are accurate but can appear overly complicated. Pragmatist: Are eager to try out fresh ways of doing things to see if they can be put into practice and yield results. Most people prefer certain learning styles over others. As a result, their preference tends to misrepresent the learning procedure as such that greater emphasis is placed on some stages to the disadvantage of the other stages (PsychPress.com, 2013). Therefore, LSQs provide a key to understanding these different preferences. People gain learning styles through repetition of successful strategies and tactics while they put an end to those that are not, which leads to the development of preferences for different behavioral patterns that become habitual (PsychPress.com, 2013). Therefore, LSQs help people to learn effectively about themselves so that they may be saved from inapt learning experiences. A thorough understanding of learning styles through LSQs enable the tailoring of education and training programs to suit an individual or group (PsychPress.com, 2013). Particular forms of learning to which individuals respond can be identified through LSQs which aids in improving individual a nd group performance. This also makes training and development as well as other learning activities valuable and less challenging for the participants, and thus helps in reducing training costs by saving valuable time (PsychPress.com, 2013). 2.4 Aptitude Psychometric Test Aptitude tests attempt to measure trait intelligence (IQ) and cognitive ability in individuals from the indication of their efficiency in processing information (PsychometricInstitute.com, 2013). Intelligence is either fluid or crystallized (PsychometricInstitute.com, 2013). Crystallized intelligence involves verbal or language-based accumulated knowledge developed mainly through education and other life experiences (PsychometricInstitute.com, 2013). However, fluid intelligence indicates adaptability and flexibility in the face of new experiences that do not allow automated reasoning (PsychometricInstitute.com, 2013). An example would be where logic is needed in identifying an odd shape from a number of shapes in an odd-one-out type question. Since an individuals aptitude is complex, Computerized Adaptive Testing (CAT) is used. It is a widely accepted method of online psychometric testing that includes aptitude tests, reasoning tests, verbal reasoning tests and numerical reasoning tests (PsychometricInstitute.com, 2013). Although the programming, testing properties and science behind CAT are quite complex, the course, as experienced by the candidate, is not (PsychometricInstitute.com, 2013). Even though the test is taken online, it has many advantages compared to written tests such as: reduced administration time, reduced test-taking time, increased reliability for measuring applicants aptitude, trims down the quantity of items in online psychometric tests by optimally customizing items to the candidate, practice for CAT-based tests is identical to practicing traditional online psychometric tests, all of it is computer-based and administered online, thus, practicing for these types of psychometric tests is considered idea l (PsychometricInstitute.com, 2013). 2.5 Personality Psychometric Test Personality tests are assessments which assess an individuals somewhat stable behavioral trends and preferences within an occupational perspective (PsychPress.com, 2013). Such tests also require the least preparation (PsychPress.com, 2013). Personality tests are based on behavior mainly due to the indirect and complex nature of an individuals personality (PsychPress.com, 2013). If used appropriately, these tests can be extremely helpful in improving knowledge of ones self and other people. The Myers-Briggs Type Indicator (MBTI) is a personality test designed to indicate the psychological types of an individuals personality, its strengths and preferences (Cherry, 2012) so as to find out the reasons for individual differences (Price, 2012). MBTI aims to let candidates discover and understand more about their own personalities which includes; likes, dislikes, strengths, weaknesses, job preferences and compatibility with others (Cherry, 2012). One other thing worth noting is that the questions in these tests have no allocated correct answer (Price, 2012) because no one personality type is best or better than any other one (Cherry, 2012). This test isnt a means to look for dysfunction or abnormality, but rather help individuals learn more about themselves (Cherry, 2012). The test is made up of four different scales (Cherry, 2012): Extraversion (E) Introversion (I): Extraverts are more open and lively, they are more social, and they are filled with energy after spending time with other people. Introverts are more into themselves; they tend to think a lot, they enjoy meaningful social interactions, and are filled with energy after spending time alone. Sensing (S) Intuition (N): This scale indicates how people collect information from their surroundings. Individuals, who pay a great deal of attention to reality, especially to what they can learn from their own senses, are sensing. Those who are intuitive consider stuff like patterns and impressions. Thinking (T) Feeling (F): This scale focuses on decisions people make that are based on information they gather through their sensing or intuition functions. People are more into thinking when they stress on facts and objectives data. People who put greater emphasis on feelings arrive at a conclusion based on people and emotions. Judging (J) Perceiving (P): This scale is about how people tend to deal with the outside world. People who like structure and firm decisions are more judging. People who are more open, flexible and adaptable, are more perceiving. Due to MBTI ease of use, it has become one of the most popular psychological instruments. According to the Myers Briggs Foundation, the MBTI meets accepted standards of reliability and validity (Cherry, 2012). 2.6 Emotional Intelligence Psychometric Test Emotional Intelligence (EI) tests help evaluate several aspects of an individuals EI and suggest ways to improve it (Queendom.com, 2013), so that they can understand the level of their relation with emotions (Agarwal, 2007). It helps an individual to understand themselves better in order to deal better with themselves, and know what to avoid and what not to (Agarwal, 2007). The Mayer-Salovey-Caruso Emotional Intelligence Test (MSCEIT) is the most often used test of emotional intelligence (Daniels, 2010). This test focuses on emotions rather than intellectual skills (Daniels, 2010). MSCEIT comprises items such as to; identify the emotion in given pictures of peoples faces, select which emotion can help achieve particular tasks, understand the way emotions interact and blend among them, and to recognize how they can use their emotions in difficult social situations (Daniels, 2010). The MSCEIT measures emotional intelligence in terms of four key competencies, including an individuals ability to: (i) Recognize their own and others emotions, (ii) Generate and use emotions in problem solving, (iii) Understand emotions and how emotions may change, and (iv) Manage their own and others emotions (Onetest.com, 2010). It has been confirmed that people with high EI prove to be thriving in life than those with lower EI, even if their Intelligence Quotient (IQ) is average (Queendom.com, 2013). This is because people with higher EI are better able to express their emotions in a healthy way, and better able to understand the emotions of colleagues; therefore, leading to better work relationships and performance. In the workplace, it leads to successful leadership, increased productivity and higher customer satisfaction (Onetest.com, 2010). On a personal level, it ultimately leads to a more successful and fruitful life. Task for P2: 3.0 Assess the usefulness of psychometric instruments in the workplace. 3.1 Psychometric Tests As mentioned in M1 Task; Psychometric tests include personality profiles, reasoning tests, motivation questionnaires, and ability assessments. These tests try to provide objective data for otherwise subjective measurements. For example, if you want to determine someones attitude, you can ask the person directly, observe the person in action, or even gather observations about the person from other people. However, all of these methods can be affected by personal bias and perspective. By using a psychometric test, you make a more objective and impartial judgment. Since objectivity is the key to using these assessments, a good psychometric test provides fair and accurate results each time its given. To ensure this, the test must meet these three key criteria: Standardization: The test must be based on results from a sample population thats truly representative of the people wholl be taking the test. You cant realistically test every working person in a country. But you can test a representative sample of that group, and then apply the results to the specific people whom you test. Also, a standardized test is administered the same way every time to help reduce any test bias. By using a standardized test, you can compare the results with anyone whose characteristics are similar to those of the sample group. Reliability: The test must produce consistent results, and not be significantly influenced by outside factors. For instance, if youre feeling stressed when you take the test, the test results shouldnt be overly different from times when you were excited or relaxed. Validity: This is perhaps the most important quality of a test. A valid test has to measure what its intended to measure. If a test is supposed to measure a persons interests, then it must clearly demonstrate that it does actually measure interests, and not something else thats just related to interests. 3.2 Psychometric Tests in the Workplace Psychometric tests have become a well established tool in the workplace, particularly in large organizations where 70% claim to use some form of psychometric measure as part of the recruitment process. They are also increasingly used for career planning, team building, management development, counseling and succession planning. Many individuals also use them to evaluate their own attributes and as evidence for potential employers. 3.3 Usefulness of Psychometric Tests Workplace Psychometric test is useful in: Selection of Personnel: By applying psychometric tests when hiring workers, we are able to judge their competency core objectively. For example, here at Galactic Space, when we were hiring someone for monitoring gaming, we interviewed a person named Raees Gul. He applied for the post of working as a waiter, but when we interviewed him and gave him a set of questionnaires which consisted of different questions on the different departments of the lounge, we concluded he was better at gaming. Task Allocation: It has great use in task allocation of employees when we gain in-depth knowledge of their strength and weaknesses, through which we can easily judge which area they would work best at. Finding Personality: Having detailed knowledge of employees personality helps us in understanding how to communicate with them and deal with them during various circumstances. Task for D1: 4.0 Make justified recommendations for the use of two types of measures in making business decisions. 4.1 Decision-Making Predicament The present-day world presents complex decision-making challenges, be it in a business environment or day-to-day personal situations. As were discussing issues related to a business environment, we will focus on decisions that are related to the various dilemmas in the business world. For example; decisions made during staff selection and training, since companies request for specific profiles with precise individual qualities and knowledge about competencies related to a specific field; or decisions related to making an investment with high risk but with high returns, since shareholders are looking forward to high profits. 4.2 Aptitude Business Decisions Since we mentioned in P1 that every human being is complex, therefore their aptitudes are also complex. Employment specialists, that are part of the Human Resource Department, mostly use aptitude tests to determine whether someone is a good fit for a job or promotion, have the ability to adapt to a new work environment and culture, and are able to process information systematically. It is very important because to understand aptitude is to understand their mental and physical attributes. For example; a person who has good analytical skills, the will to take justified risks and bear pressure, can well be suited in the finance department (provided that he has a finance background). Since peoples ability to process information is limited; therefore, knowing that they can adopt a variety of heuristics or rules of thumb when making decisions can help solve business problems, assist in product choice and consumption option, and most importantly, their personal lives. A heuristic is a menta l shortcut that allows people to solve problems and make decisions fast and efficiently (Cherry, 2011). Thus, this helps shorten decision-making time and allow people to function without constantly stopping to think about the next course of action (Cherry, 2011). Although heuristics are helpful in many situations, they can also lead to biases in decision making. Nevertheless, how they influence business and consumer decisions in everyday life is golden. 4.3 Emotional Intelligence in Business Decisions In a world where people are facing unparalleled hardships, their emotions are spilling out in uncontrollable measures. Since experts claim that EI could be responsible for as much as 80% of any success (StarlightPsych, 2013); therefore, many businesses are interested in the EI of their workforce because understanding the EI of future employees can have clear benefits. It can be the difference between a successful and a risky hire (StarlightPsych, 2013); the latter should obviously be avoided to prevent a business, especially a big one, from facing dire consequences. Conducting EI tests also helps evaluate important aspects of work-related activities where the management can know beforehand on; how to deal with emotionally charged situations where stress and anger is involved, the manner of workforce relating themselves to their superiors and colleagues, the ability to learn, follow leadership, and so on. We also mentioned in M1 that work relationships and performance are directly rel ated to the EI of the workforce. Every human being has emotions, and motivation plays a large role in pushing emotions to its limit. Therefore, when management tap into the positive energy of EI, it can not only make work life easier for them and the workforce, but also lead to a better connection with top-level management through; top notch performance, lowered employee absenteeism, improved productivity and efficiency, and last but not the least, increased overall profits. 4.4 Conclusion Although there is no right answer as to which type of measure can lead to good or near-perfect business decisions, employing some or all measures can at least reduce bias in the results. For example, in a situation where a person seems to have a low IQ does not make him/her a dumb person, since that person might have a better EI, or even a great personality that makes him a much better person when it comes to ethics. Its a never-ending battle between right and wrong, true and false, dumb and smart, etc. All we can hope is that all this brings human beings closer together, regardless of their psychoanalytic assumptions.

Sunday, January 19, 2020

Antony’s Speech and the Rhetoric Used

Vengeance is a powerful. Caesar’s slaying by Brutus sets Antony in motion to deceive his murderers into allowing him to speak to Rome. In his speech to the Romans, Antony turns Rome against Brutus using repetition to convey the irony in his own speech and discredit Brutus, as well as, applying meter to add emphasis to the mutiny, and contrast Brutus’s speech allowing him to connect with his countrymen. Repetition is used powerfully throughout Antony’s speech to convey a multitude of thoughts, however, the repetition particularly lends to the irony of the piece. †¦let me not stir you up / To such a sudden flood of mutiny. † (188-189) is a prime example of the irony in his address. His intent from the beginning is to lead a revolt against Brutus and Caesar’s other murderers, the fact that he actually states he does not want to create a mutiny while stirring up these very same people to revolt is very ironic. Antony uses an ironic repetition to adv ance his efforts for a mutiny in the discrediting of Brutus. Before Antony takes the stage to talk to Rome, Brutus has just given a very lively speech and the Romans are partial to him.It is then necessary for Antony to use dramatic irony to deceive his countrymen that he believes that â€Å"†¦Brutus is an honourable man;† (61). When Antony first describes Brutus as honourable the audience agrees it is only after the fourth time he says this that the whole crowd realize the irony behind what he is saying.. Antony uses this irony to discredit Brutus’s honour and sway the Romans to join in a mutiny against Brutus. The meter in Antony’s speech is also a very key part in adding emphasis to the mutiny he wishes to instill in the Romans.Most lines have ten syllables however there are several lines with only nine syllables to add affect. Not only do these sentences have less syllables in common but also they end with ambition. For example â€Å"Yet Brutus says he was ambitious;† (72) the lost syllables place is taken by a pause that allows the Roman and the reader to reflect on the repeated word ambition. This pause allows the Antony to inflict the thought that it was not Caesar that was ambitious but Brutus instead. This meter allows Antony to incite the doubt of Brutus in the minds of Antony’s countrymen and incite them to revolt.Interestingly enough the meter in Antony’s speech also serves as a contrast to Brutus’s who spoke in prose. Antony is a nobleman as is Brutus and throughout the whole play the only part where their dialogue is not written in meter of some sort is when Brutus addresses his countrymen. Antony however speaks as if he is addressing another noble conveying the message that he sees them as equals to him, and that while Brutus speaks down to their level, Antony lifts them up to his equal. This allows him to then sympathize with his countrymen and relate to them so that it is easier to coax the m to mutiny.

Saturday, January 11, 2020

Accounting Scandals

The events that followed had worldwide implications and were analyzed extensively in the media as well as In government circles. Experts pointed their fingers at a number of different reasons that led to the massive fraud in business and accounting practices in the Enron collapse. One theory put forth by Alex Person of the New York Times was that â€Å"the focus that analysts, Investors and executives place on quarterly earnings as a company's success indicator† began to take precedence over the ethics of executives and accountants (Roberts 808). In PaulCraig Roberts' review of Forenoon's book, he disagrees with Forenoon's contention, or at least points out the holes that he sees with that logic. Roberts points out that the scapegoats Person cites as the root causes of the scandals (quarterly earnings, stock options. And price competition between accounting firms) were In fact yesterdays reforms intent upon increasing the protection of corporate investors (old. ). Person posit s that a â€Å"cult† of the quarterly earnings developed, which in some cases caused executives and accountants to trade ethical accounting practice for the healthy appearance of the company.Roberts' rebuttal points out that quarterly earnings were the result of a reform that sought to provide investors with more timely information about the financial condition of companies. Roberts also mentioned how accounting had traditionally relied on â€Å"character and internal censure† to moderate fair practices. This culture was based upon a pay scale according to seniority. But in the sass's the FTC changed the accounting culture to one where partners were not paid by seniority, but by how much business they could bring to the firm.Conflicts of interest were also introduced into this ultra when accounting firms began to consult with the businesses they were supposed to be auditing. (old. ) Roberts makes it clear that he believes federal regulations have a lot to do with the s candals that occurred. He seems to feel that a culture of honesty and integrity in the business and accounting professions Is the most effective way to curb shady business dealing. Roberts even analogies that â€Å"standard accounting practices are like door locks.They keep honest people honest. But they cannot prevent fraud any more than a door lock can prevent favorable entry. † (old. . Another interesting perspective suggests that â€Å"executives are likely to commit more fraud as the expected costs of committing fraud decline† (â€Å"How to Clean up†¦ † F-4). The article infers that in the sass's when much of the fraud was occurring, the cost of getting caught was so low that fraud likely increased. It also analyzes the U. S. Crestless market In ten , wanly â€Å"grew ostentatiously†¦ T a rate Tanat Tar outpaced the growth in resources at the SEC† (old. ). There was also an increase in corporations with a large amount of intangible assets s uch as telecommunications. The aforementioned editorial thinks that a company's intangible assets make it harder to detect fraud than in corporations with tangible assets like food and textiles. To bolster the point of the editorial, it is further noted that most of the high profile accounting scandals in the sass's occurred in companies with intangible assets.This editorial seems to imply that lax regulations are the reason for increased fraud, and ultimately that an increase in regulation will decrease fraud. This conclusion is in stark contrast to Roberts' article mentioned previously. But they represent opinions on two ends of the spectrum when placing blame for the accounting scandals of the sass's and sass's. (old. ) While the reasons for the accounting scandals are infinite in number, the somewhat opposing viewpoints of these two articles shed light on a number of possibilities.What seems to be agreed upon throughout both articles is that no matter the condition of the market or the regulations in place, lapses in ethical Judgment are the root cause of most of these situations. This strongly suggests that the power to avoid another round of scandals like the ones experienced in the sass's lies in the individual accountant or business executive to know the ethical standards to which he is held, and to abide by them. There were a number of effects that the accounting scandals caused on corporate businesses in the United States and worldwide.The main issue was that trust in public companies waned. Investors polled after the Enron scandal said that even after certain regulations were introduced, â€Å"they had lingering doubts about the industry integrity' (Green-Morale). This issue of public trust was a serious, yet largely superficial view of the state of corporate business and accounting. Some feared that an overreaction to the accounting industry would create â€Å"bad public policy' (â€Å"How to Clean Up†¦ F-4). And to this day debate goes on about the pros and cons of the Serbians-Solely Act of 2002.Aside from the public policy revisions, the market numbers following the Enron scandal seem to indicate that there was very little effect on the actual market itself. One year after the Enron scandal first came to light, the S&P 500 declined by 28. 3 percent. Although this initially appears like a direct result of the accounting scandal, analysis of world markets at the time tell a different story. At the same time as the S&P 500 downturn, Britain's FETES declined 27. 5 percent, France's CA declined 34. 9 percent, and Germany's ADDAX declined 36. 8 percent (old. . These numbers indicate that there was a world-wide fluctuation in the market, even in countries not beset by an accounting scandal. Other possibilities for this downturn were considered likely, such as â€Å"a slowdown in economic activity, excess capacity in the worldwide telecommunications market, and uncertainty over terrorism and Iraq† (old. ). Further e vidence that the market was not directly affected by the scandals is leaned from the movements of stock prices in the telecommunications industry, where a large number of the scandals occurred.Before the scandals were brought to light, the Nasdaq Telecoms Index had declined by 80 percent from a high in March 2000. (old. ). This indicates that there was a prominent downturn in the telecommunications market before the scandals occurred. If the focus is narrowed in even Turner, tons tale upon ten actual companies Tanat suffered Trot scandals, ten numbers continue to support the idea that the market was declining before the scandals occurred. In August 2000, Enron's stock price peaked at $90. By October 15, 2001 , the last trading day before the scandal broke, Enron stock had already fallen to $33 a share.This indicates a 2/3 drop in value before any hint of scandal had reached the public. So, while it is certainly likely that the scandals had an initial effect on the market, in the lon g term there was already a downturn unrelated to the accounting scandals. Similar to the effects to corporate business, the effects to the accounting industry have been largely related to image. A large effort was made to restore the public trust in accounting. One accounting industry insider recognized that they Molted the trust and confidence of †¦ Linens and [they] need to get that back† (Green- Morale). Many in the accounting field expressed concerned about a â€Å"congressional rush to Judgment in trying to make the whole problem Just an accountant's problem† (Taylor old). Whether or not it was a rush to Judgment, the federal government made some drastic changes that affect the accounting industry to this day. Most notably is the Serbians-Solely Act of 2002, which was signed into law and created a body whose sole responsibility was the regulation of accounting firms that edited publicly traded companies.When it was initially introduced, the Serbians- Solely Ac t was costing companies millions of dollars to initiate and maintain compliance. An annual survey is done by Financial Executives International to track how much money it is costing companies to comply with Serbians-Solely, specifically section 404. There most recent survey of 2007 noted that compliance fees among companies with market capitalizations of $75 million were $2. 9 million during fiscal year 2006. This is a 23 percent drop from year 2005, and a 35 percent drop from the initiation of Serbians-Solely in 2002 (â€Å"FEE Survey†¦ ). While companies are increasing their efficiency in regards to compliance with Serbians-Solely, it has still put a large strain on the accounting industry. The FEE Survey seems to indicate that efficiency will likely increase and then level off, with companies having an annual expense that includes compliance fees related to Serbians-Solely. Whether this Act is too much government regulation is arguable on both sides. But it did accomplish a larger goal, which was to begin to restore confidence in the accounting profession to the public.Another significant population that was affected by the accounting scandals was the academic side. The heads of accounting programs throughout the country initially feared lower enrollments due to the accounting scandals. But figures seem to indicate that there was actually an increase in enrollment from 2002 to 2003 (Dotard 59). Many programs offered new courses as a direct result of the scandals. These courses involved such topics as fraud detection, corporate governance and ethics (old. ). Many programs also offered presentations, seminars, and lectures with an increased emphasis on professional ethics.A survey done by the American Institute of Spa's sought to gauge student attitudes towards accounting after the scandals. The survey generally found that the more educated students were about the accounting scandals, the more positive their attitudes were. This â€Å"suggested that op en communication and straight talk†¦ Could improve student attitudes† (old. ). It would seem that numbers wise, the accounting scandal has not affected enrollments In accounting programs In a gallants way. IT anything, ten scandals nave served to opening dialogue with students about the importance of ethical standards and fraud revelation.The firm that I work at, Crower Cheek, was not specifically effected by some of these changes implemented, but was affected in a general way by the change in business and accounting culture that occurred. The business and accounting industries as a whole came through the early sass's relatively unscathed. Sure there was major damage done to the public image of both professions, but they have generally recovered and have continued to comply with the new regulations resulting from the Serbians-Solely Act and other SEC provisions. But there are a number of strives that have come about as a result of the scandals and subsequent government ac tion.More skepticism is being brought into the audit process. Companies are considering how fraud could occur â€Å"even if there's no indication it is there. † Also, â€Å"investors are becoming better-educated about corporate financial statements†¦ And are not putting so much credence in the views of media pundits and analysts† (Allen 7). Students who are considering or have chosen accounting as a profession now have an increased dialogue concerning ethics, fraud, and the consequences thereof in a corporate scandal. Overall this increased dialogue seems o be the most straightforward method to prevent future scandals.

Thursday, January 2, 2020

South Dakota v. Dole The Case and Its Impact

South Dakota v. Dole (1986) tested whether Congress could place conditions on the distribution of federal funding. The case focused on the National Minimum Drinking Age Act, which Congress had passed in 1984. The act determined that a percentage of federal funding for state highways could be withheld if states failed to raise their minimum drinking age to 21. South Dakota sued on the basis that this act violated the 21st Amendment of the U.S. Constitution. The Supreme Court found that Congress did not violate South Dakotas right to regulate the sale of liquor. Under the South Dakota v. Dole decision, Congress can place conditions on the distribution of federal aid to states if those conditions are in the interest of general welfare, legal under the states constitution, and not overly coercive. Fast Facts: South Dakota v. Dole Case Argued: April 28, 1987Decision Issued: Jun 23, 1987Petitioner: South DakotaRespondent: Elizabeth Dole, U.S. Secretary of TransportationKey Questions: Did Congress exceed its spending powers, or violate the 21st Amendment, by passing legislation conditioning the award of federal highway funds on South Dakotas adoption of a uniform minimum drinking age?Majority Decision: Justices Rehnquist, White, Marshall, Blackmun, Powell, Stevens, ScaliaDissenting: Justices Brennan, OConnorRuling: The Supreme Court ruled that Congress did not violate South Dakotas right to regulate the sale of liquor under the 21st Amendment and that Congress could place conditions on federal funding if states failed to raise their drinking age. Facts of the Case When President Richard Nixon lowered the national voting age to 18 in 1971, some states chose to lower their drinking ages, too. Using powers derived from the 21st Amendment, 29 states changed the minimum age to either 18, 19, or 20. Lower ages in some states meant that there was a possibility of teenagers crossing state lines to drink. Drunk driving accidents became a heightened concern for Congress which in turn passed the National Minimum Drinking Age Act as a way to encourage a uniform standard across state lines. In 1984, the drinking age in South Dakota was 19 for beer containing an alcohol content of up to 3.2%. If the federal government were to make good on its promise to restrict state highway funds if South Dakota didn’t institute a flat ban, the Secretary of Transportation, Elizabeth Dole, estimated a loss of $4 million in 1987 and $8 million in 1988. South Dakota brought a suit against the federal government in 1986 alleging that Congress had stepped beyond its Art. I spending powers, undermining state sovereignty. The Eighth Circuit Court of Appeals affirmed the judgment and the case went to the Supreme Court on a writ of certiorari. Constitutional Issues Does the National Minimum Drinking Age Act violate the 21st Amendment? Can Congress withhold a percentage of funding if a state refuses to adopt a standard? How does the court interpret Article I of the constitution in terms of federal funds for state projects? The Arguments South Dakota: Under the 21st Amendment, states were given the right to regulate the sale of liquor within their state lines. Attorneys on behalf of South Dakota argued that Congress was attempting to use its Spending Powers to alter the minimum drinking age, violating the 21st Amendment. Placing conditions upon federal fundings to convince states to change their laws was an unlawfully coercive tactic, according to the attorneys. The Government: Deputy Solicitor General Cohen  represented the federal government. According to Cohen, the Act did not violate the 21st Amendment or go beyond the Congressional Spending Powers laid out in Article I of the Constitution. Congress was not directly regulating the sale of liquor through the NMDA Act. Instead, it was incentivizing a change that was within the constitutional powers of South Dakota and would help address a public issue: drunk driving. Majority Opinion Justice Rehnquist delivered the opinion of the court. The court first focused on whether the NMDA Act was within Congress’ spending powers under Article I of the Constitution. Congressional spending power is limited by three general restrictions: Spending must go towards â€Å"the general welfare† of the public.If Congress places conditions on federal funding, they must be unambiguous and states must fully understand the consequences.Congress cannot place conditions on federal grants if the conditions are unrelated to the federal interest in a particular project or program. According to the majority, Congress aim to prevent teenage drunk driving demonstrated an interest in general welfare. The conditions for federal highway funds were clear and South Dakota understood the consequences if the state were to leave the minimum drinking age at 19. The justices then turned to the more contentious issue: whether the act violated the states 21st Amendment right to regulate the sale of alcohol. The court reasoned that the Act did not violate the 21st Amendment because: Congress did not use its spending power to direct a state to do something that would be otherwise illegal under the states constitution.Congress did not create a condition that might be so coercive as to pass the point at which pressure turns into compulsion. Raising the minimum drinking was within South Dakotas constitutional limits. Furthermore, the amount of funding that Congress aimed to withhold from the state, 5 percent, was not overly coercive. Justice Rehnquist called this a relatively mild encouragement. Restricting a small portion of federal funds to encourage state action on an issue affecting the general public is a legitimate usage of Congressional spending power, the justices opined. Dissenting Opinion Justices Brennan and O’Connor dissented on the basis that the NMDA violated a states right to regulate the sale of alcohol. The dissent focused on whether conditioning federal highway funds was directly connected to the sale of alcohol. Justice OConnor reasoned that the two were not connected. The condition affected who shall be able to drink liquor, not how federal highway money should be spent. OConnor also reasoned that the condition was both over-inclusive and under-inclusive. It prevented 19 year-olds from drinking even if they werent driving, and targeted a relatively small portion of the drunk drivers. Congress relied on faulty logic to place conditions on federal funding, which violated the 21st Amendment, according to OConnor. The Impact In the years following South Dakota v. Dole, states changed their drinking age laws to adhere to the NMDA Act. In 1988, Wyoming was the last state to raise its minimum drinking age to 21. Critics of the South Dakota v. Dole decision point out that while South Dakota stood to lose a relatively small portion of its budget, other states stood to lose a significantly higher amount. New York, for example, projected a loss of $30 million in 1986 and $60 million in 1987, while Texas would see losses of $100 million annually. The coerciveness of the Act varied from state to state, though the Supreme Court never took that into account. Sources â€Å"The 1984 National Minimum Drinking Age Act.†Ã‚  National Institute on Alcohol Abuse and Alcoholism, U.S. Department of Health and Human Services, alcoholpolicy.niaaa.nih.gov/the-1984-national-minimum-drinking-age-act.Wood, Patrick H. â€Å"Constitutional Law: National Minimum Drinking Age - South Dakota v. Dole.†Ã‚  Harvard Journal of Law Public Policy, vol. 11, pp. 569–574.Liebschutz, Sarah F. â€Å"The National Minimum Drinking-Age Law.†Ã‚  Publius, vol. 15, no. 3, 1985, pp. 39–51.  JSTOR, JSTOR, www.jstor.org/stable/3329976.â€Å"21 Is the Legal Drinking Age.†Ã‚  Federal Trade Commission Consumer Information, FTC, 13 Mar. 2018, www.consumer.ftc.gov/articles/0386-21-legal-drinking-age.Belkin, Lisa. â€Å"Wyoming Finally Raises Its Drinking Age.†Ã‚  The New York Times, The New York Times, 1 July 1988, www.nytimes.com/1988/07/01/us/wyoming-finally-raises-its-drinking-age.html.â€Å"The 26th Amendment of the U.S. Constitution.à ¢â‚¬ Ã‚  National Constitution Center – Constitutioncenter.org, National Constitution Center, constitutioncenter.org/interactive-constitution/amendments/amendment-xxvi.