Month: April 2017

How the Media Influences Presidential Approval Ratings

How the Media Influences Presidential Approval Ratings
In 1932 when President Franklin Roosevelt won the election he was already physically disabled and bound to a wheelchair as he had been suffering from polio ??“ a fact that the majority of voters were never aware of as there was little to no media, other than radio at the time. However, in 2008 the United States prepared for the results of the presidential race. Leading up to this point many people had watched, or heard about, many satires made about the Republican candidates, John McCain and Sarah Palin. Many media outlets made a mockery of their personal lives, appearance and speeches ??“ all of which may have contributed to their loss of votes. To some Americans the media seems non-biased, the media does affect how Americans view the presidential candidates.
The media plays an integral part in presidential elections today. It used to be that candidates relied mostly on national media to influence voters, but today more candidates are depending on local media to appeal to their audience. Local media presents candidates with the ability to travel around the country and going face-to-face with the voters. Studies have shown that more Americans watch local news networks for presidential election information than national news programming giving those candidates who are willing to travel the campaign trail more coverage (Presidential Studies Quarterly, 2010).
George W. Bush used the local media approach throughout this presidency. He started out making many appearances throughout his candidacy in 2000 and continued to do so through his presidency. Bush claimed the national media filtered his words and they did not come across properly, so it was important for him to travel across the country to speak in person. Presidential visits are considered rare, and often become a major event for a town. These visits would create positive publicity and attention for the Bush administration whenever he would hold an appearance. These visits would make the specific town feel closer to Bush because he chose to stop in their town and speak to them directly. These visits have a way of making a town or city feel unique or special, and also bring the town together in excitement.
While working with the local media has proven to be a successful notion for presidential candidates, it does not negate the fact that prime time and day time television have wide audiences of voters as well. Candidates can get their messages across to the masses by appearing on televised debates and even on top rated television shows. By appearing on a popular news magazine program, or even a sitcom, it can make a candidate appear more likeable or relatable to the voting public. When a candidate can appear more likeable to the voters, their approval rating will likely rise, but if a candidate is comes across as uneducated or difficult they must be prepared for unfavorable results come polling time. For example, when Alaskan governor, Sarah Palin, became a target for comedians and news personalities alike for stating the proximity of Alaska to Russia??™s border gave her foreign policy experience in an interview with Katie Couric in 2008, her approval ratings started to dwindle. She came across to the country as uneducated and unqualified after stating the following.
“As Putin rears his head and comes into the air space of the United States of America, where??“ where do they go Its Alaska. Its just right over the border.” (Palin, S. 2008, ABC News interview)
In 2008, Barack Obama ran for his first term in the presidential election against John McCain. Obama had several highly publicized appearances on Oprah and Saturday Night Live. While on Oprah, Obama came across as a regular family man who was trying to improve upon the country for his wife, two daughters, and mother-in-law. Like one of the most popular presidents in history, Bill Clinton, Obama had the opportunity to show his comedic side by performing several skits on Saturday Night Live which showed he could laugh at himself making him more relatable to viewers. Unfortunately McCain and his running mate, Sarah Palin, did not have the same luck with such popular shows and debates. This can be shown in the American Review of Canadian Studies:
???Palins selection as McCains running mate has alienated Republican women, especially working class women, shifting them to Obama as well. Polls suggest that Republican women are crossing over to Obama because of his positions on issues of wages, reproductive rights, and gender. McCain mentioned families only once in three debates, when he pledged assistance to families with autistic children like Sarah Palins??? (Lashley, 2009 p. 371).During the 2008 election season, Saturday Night Live alum Tina Fey returned to the show to portray Sarah Palin due to her incredible physical and audible likenesses. The imitation became a weekly regular on the show in which Fey used quotes from Palin in the satire almost exclusively. The sketch comedy program showed no shortages of comical quotes from the former Alaskan governor to choose from which made a mockery of the vice presidential hopeful. Between September and October Sarah Palin??™s approval ratings dropped dramatically [as Obama??™s running mate, Joe Biden, climbed] after Tina Fey began impersonating the governor on Saturday Night Live as shown in Table 1 below (Sarah Palin dives in poll ratings as Tina Fey impersonates her on Saturday Night Live, 2008).Table 1 Candidate Not Favorable/Unfavorable Ratings
Note: From Sarah Palin??™s Approval Rating Drops 10%, 2008. Obtained on May 31, 2011 from http://www.prosebeforehos.com/image-of-the-day/09/28/whats-the-point-of-a-hail-mary-if-you-cant-catch-the-pass/
Obama and Palin had gone against each other in the prime time and day time programming, but certain networks are said to be biased against different political parties. By a certain network showing preference for one candidate over another, they will be more likely to show positive coverage of their preference. This may have a negative impact on the other candidates if they are not in that networks favor (DellaVigna, S., Kaplan, E., 2007)
Media bias can even be used to the opposing parties benefit. Fox News always has been viewed as pro-Republican, often launching attacks on the Democratic Party. In 2008 Fox News was set to sponsor the Democratic debate; however liberal activists asked that if be canceled due to the channel??™s alleged attacks. Those activists used perception as a way to make the public think poorly of the Republican Party proving that perception is in the eye of the beholder and may not always be the truth.
Even Hilary Clinton, a Democratic candidate, praised Fox News when her approval numbers with the network were up. When competitor for the Democratic nomination Obama??™s approval ratings were dismal in the South, where Fox News is the most popular news source, he blamed the network for not giving him enough positive press. Perception might be in the eye of the beholder, but when it comes to a presidential election, perception can be everything.
Other networks have claimed they only report what is happening in politics and not biased. Walter Cronkite of CBS fame has said ???Our job is to hold up the mirror ??“ to tell and show the public what has happened. Then it??™s the job of the people to decide whether they have faith in their leaders or government.??? Cronkite made a point of showing his, and the network??™s stance on political bias to prove that they only wanted to provide the news and not take the side of either party.
NBC has been inadvertently biased on numerous occasions by not posting poll results in the presidential approval ratings as often as other networks. After the tragedy of 9/11, ABC, CBS, and CNN showed a drastic jump in approval ratings for the Bush administration, but NBC was delayed in displaying the same results. They were not trying to influence voters or not show support of President Bush; they simply did not display the results as quickly as other networks.
Television is not the only media source that influences presidential approval ratings. The invention of the Internet has bought about new developments in communication for presidential candidates as well as the current administration. The Internet allows research of historical information as well as up to the minute updates on any number of political topics. While it can certainly be a helpful tool, it can also serve as a way for presidential candidates and the President to update the American public.
While President Clinton was in office, the White House developed a website (www.whitehose.gov) to bring presidential communication to a whole new level. The website offers many options for multimedia such as photos, live video streams, videos and podcasts. The main page of the website allows viewers the option to watch the Video of the Week posted and maintained by the webmaster. Here, voters can also find biographies of each member of the current administration and view legislation in all stages, press briefs, statements, and speeches (The White House, 2011).
Furthering the use of media for presidential communication with the public are social networking sites such as Facebook and Twitter. President Obama has used Twitter to send condolences to those affected by natural disasters, and promote his stance on important issues such as education reform and immigration. He also uses the network to update anyone who chooses to follow him to promote upcoming presidential addresses and events; even where he will be making public appearances. By being so linked in to the American voters, President Obama has shown how the Internet can be used to stay up to date on the most current political happenings. The table below shows the percentage increase in both Internet access from 1996-2000, and the amount the internet was accessed to view political information.
Table 2 The Growth of Internet Access for Political Information
Note: From Does the Internet Increase Voter Participation in Elections, by C. Tolbert & McNeal, R., p.19. Facebook has become so popular, even for politicians that in May 2011 former governor Pawlenty from Minnesota announced his candidacy for the 2012 presidential election on the social networking site. The next day, Pawlenty went before the press to make the official announcement to the media. Even though he had already done so for anyone who he was ???friends??? with on Facebook, he still needed to make the public announcement for the rest of the country. This act shows just how powerful the Internet is becoming concerning election time. (Shear, 2011)
CNN.com brings together the social networking and political news in one place. During election time the website offers a section designated for information on the candidates??™ approval ratings from the most current polls, as well as similarities and differences between them. Also in this section of the website, voters can comment on various stories provided about the candidates and even post the story to their own Facebook page or Twitter account.
Through the years countless strides are being made in the way media is used when it comes to presidential elections. With the presidential race quickly approaching in November 2012, the media will again be on the lookout for the next press-stopping story to run on the candidates. Many voters will watch debates, listen to the speeches, and research each candidate??™s stances on important topics. There will also be many people watching shows such as Saturday Night Live and The Daily Show as comedians develop new material and jokes in which to take aim at their new targets. As time goes on, candidates are starting to take more care in how they are being perceived in person and in the media, all in hopes for additional support in his or her pursuit of the presidency. For those who can gain that media support they will have greater chance of winning the election. Just as President Obama.References
DellaVigna, S., & Kaplan, E. (2007)The Fox New Effect: Media Bias and Voting.
Retrieved from http://www.mitpressjournals.org/loi/qjec.
Gilens, M., Vavreck, L., & Cohen, M. (2007) The Mass Media and the Public??™s
Assessments of Presidential Candidates, 1952-2000. Retrieved from
https://ehis.ebscohost.com/eds/detailvid=50&hid=6&sid=adac4d32-308d-
4459-8d9b
bda5e50f37ff%40sessionmgr4&bdata=JnNpdGU9ZWRzLWxpdmU%3d#d
b=bth&AN=27014132
Lashley, M. (2009) The Politics of Cognitive Dissonance: Spin, the Media, and
Race (and Ethnicity) in the 2008 US Presidential Election. Retrieved from
https://ehis.ebscohost.com/eds/detailvid=44&hid=6&sid=adac4d32-308d-
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bda5e50f37ff%40sessionmgr4&bdata=JnNpdGU9ZWRzLWxpdmU%3d#d
b=a9h&AN=45222142
Midgley, N. (, October 2008) Sarah Palin Dives in Poll Ratings as Tina Fey
Impersonates Her on Saturday Night Live. Retrieved from
http://www.telegraph.co.uk/news/worldnews/sarah-
palin/3197805/Sarah-Palin-dives-in-poll-ratings-as-Tina-Fey-
impersonates-her-on-Saturday-Night-Live.html.
Palin, S. (2008, September 11) ABC News. Interview.
Peake, J.S., & Eshbaugh-Soha, M. (2008) Political Communication. Retrieved
from https://ehis.ebscohost.com/eds/detailvid=33&hid=6&sid=adac4d32-
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Ridout, T. N., & Holland, J.L. (2010) Candidate Strategies in the Presidential
Nomination Campaign. Retrieved from
https://ehis.ebscohost.com/eds/detailvid=53&hid=6&sid=adac4d32-308d-
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=tsh&AN=54287380
Sarah Palin??™s Approval Ratings Drops to 10% (2008), Retrieved May 28, 2011,
from http://www.prosebeforehos.com/image-of-the-day/09/28/whats-the-
point-of-a-hail-mary-if-you-cant-catch-the-pass/
Shear, M. (2011, May 22) Pawlenty Announces Candidacy a Day Early. The New York Times.
Retrieved from http://thecaucus.blogs.nytimes.com/2011/05/22/pawlenty-announces-
candidacy-a-day-early/
Tolbert, C. & McNeal, R. (2001) Does the Internet Increase Voter Participation in
Elections Retrieved from
http://filebox.vt.edu/users/jamonroe/5116/internet.pdf

Corporate Compliance Plan

Corporate Compliance Plan
Started by Dr. Riordan in 1991, Riordan Manufacturing, Inchas been the leading manufacturer of plastic injection molding. ???Initially, the companys focus was on research and development and the licensing of its existing patents, but in 1992 Dr. Riordan obtained venture capital which he used to purchase a fan manufacturing plant in Pontiac, MI??? (Apollo Group, Inc., 2004). In 1993, Riordan expanded business in Albany, Georga, with a manufacturing plant used to produce plastic beverage bottles. In 2000, Riordan Manufacturing underwent a huge expansion, relocating the fan manufacturing plant from Pontiac, to Hangzhou, China, at which time the Michigan plant was redesigned to develop miscellaneous plastic parts.
Riordan Manufacturing??™s management team has been focusing on developing a Corporate Compliance Plan to meet the growing requirements of the company??™s specialization and globalization in the field of plastics manufacturing. The corporate compliance plan details the mission and vision of Riordan, ensuring compliance with all applicable laws, policies, and regulations. By developing the new compliance plan, management at Riordan will be solidifying their desire to promote ethical commitments throughout all their operations.
This plan has been designed to placing significant importance of internal controls, and submits a proposal to lessen risks by applying recommendations and principles from the Committee of Sponsoring Organizations of the Treadway Commission (COSO). Ultimately, the development of the new corporate compliance plan will ensure that staff at Riordan will be more aware of the policies and regulations established to help reduce compliance liabilities.
This paper will examine the legal environment including opportunities and challenges of Riordan Manufacturing in the areas of alternative dispute resolution (ADR), enterprise liability, product liability, international law, tangible and intellectual property, legal forms of business, and governance to form a successful corporate compliance plan for the company.
Alternative Dispute Resolution (ADR)
The Corporate Compliance plan includes an ADR for resolving any conflicts, disagreements, and discrepancies that may occur causing a lack of productivity within the company. Riordan Manufacturing encourages team members to follow the chain of command, suggesting that a problem occurs; the immediate supervisor is contacted first to resolve the issue. If the immediate supervisor is unable, or unresponsive, the employee should move up the chain of command. A compliance manager and a compliance committee will now be available to assist in dispute resolution is no action has taken place.
At Riordan Manufacturing, employees are urged to participate in informal mediation processes. An unbiased mediator will be selected to conduct the mediation process. The mediator selected will be someone from a different area of the manufacturing departments, who is uninvolved with the dispute. If the issue is able to be resolved through mediation, the decision will be recorded in the compliance manager??™s office and will be the official resolution.
Should no resolution be determined by the previous processes, the dispute will be handled by peer review. This process will be conducted by a panel consisting of three neutral employees selected at random from the different departments, one corporate compliance team member, a member of human resources, and the two parties in dispute. Once the parties involved have presented the issue, the panel selected will determine the final decision. The final outcome will be documented and maintained by corporate compliance. An official report will be sent to the managers and directors of the department for review.Enterprise and Product Liability
By relocating to China, enterprise liability can result. Litteral and Finkel, Riordan??™s legal team will need to reevaluate and rewrite certain vendor and supplier contracts to reduce the risk of enterprise liabilities. Riordan does not want to take the risk of losing their vendors and suppliers and suffering significant financial losses, so the company must continue to manage these contracts effectively. To avoid contract misinterpretations, the terms of all contracts between both suppliers and vendors must be clearly specified and leave little room for further interpretation. This will help Riordan, the suppliers, and vendors to minimize risks and liabilities.
???Risk is a pervasive part of everyday business and organizational strategy??? (COSO, 2009)
By using the Enterprise Risk Management (ERM) approach outlined by the COSO, Riordan Manufacturing can manage risks associated with the relocation to Hangzhou, China. Every part of Riordan Manufacturing, owners, board of directors, management team, and employees affect the process of ERM. Incorporating the ERM approach into the internal controls, Riordan will be able to keep the relocation on track by responding to risks in a timely manner (COSO, 2009).
If Riordan Manufacturing decides to switch suppliers, or hire new employees due to the expansion and change of location, product liability can result. Product compliance is essential, therefore, the legal team should review the regulations regarding product liability in the new area where manufacturing and sales are taking place. Industry standards in China may be completely different from the standards in the United States, and Riordan must comply with all regulations to avoid potential tort liability.
A new risk management department will be developed at Riordan to ensure the integrity and testing of products is taking place and that all products are in compliance. Product reviews will take place by risk management, and any deficiencies will be reported to the government, along with the necessary corrective actions being taken to fix the problems. In addition, Riordan can further avoid product liability risks by making sure that any new vendors and suppliers being contracted and in complete compliance with U.Sand international manufacturing standards.Tangible and Intellectual Property
Companies must protect tangible and intellectual property. In order to do this, there are a few actions that need to be taken. Tangible property is easier to safeguard since these are the items that can be liquidated. [These items include the buildings, factories, inventories, office equipment, machinery and any other item associated with the business that can be sold for cash. Riordan Manufacturing maintains an asset list which includes all tangible property listed, and maintains an insurance policy for these items. Semi-annually, management inventories all items for asset tag accuracy, and to make sure that all items are accounted for.
Intellectual property is a completely different story. Since intellectual property cannot physically be touchedcompanies have a more difficult time protecting it. Riordan Manufacturing protects their intangible property using patents, trademarks, and copyrights.
???The Uniform Trade Secrets Act to give statutory protection to trade secrets??? (Cheeseman, 2010), so these are protected as well.
International Law
Understanding international laws have become extremely important to Riordan Manufacturing the relocation of the fan plant from Michigan to China. Since China is a different country with a different set of governing laws, the Riordan legal team must make sure that the company is in compliance with all applicable laws and regulations. Litteral and Finkel, a large international law firm has been used by Riordan since the beginning of their existence, some there should be no problem handling the interpretation of the Chinese law.Legal Forms of Business
Numerous legal forms of business exist for an entity to choose from, Sole Proprietorship, General Partnership, Limited Partnership, Limited Liability Company (LLC), S-Corporation, and C-Corporation (Holland, October 1998). Riordan needs to choose a legal form of business that will best suit the needs of the company, taking into consideration ???the tax, managerial, legal and liability impacts that the business formation has??? (Holland).
If Riordan has not already chosen a form of business, the logical selection would be a C-Corporation, as it would allow more flexibility. As a C-Corporation, they would be ???organized with ownership of shares of stock which are assignable and transferable??? (Holland). Riordan would also be a separate legal entity from owners, which would protect the owners from being sued for the corporations debts. The owners would only lose their initial investment in the company if the company has suit filed against them. As a C-Corporation, Riordan would have to file IRS tax returns and pay taxes on profits held by the company.
Governance
???The Committee of Sponsoring Organizations (COSO) is a voluntary private-sector organization. COSO is dedicated to guiding executive management and governance entities toward the establishment of more effective, efficient, and ethical business operations on a global basis??? (Committe of Sponsoring Organizations of the Treadway Commission [COSO], 1985-2010).
???The Riordan Manufacturing Board of Directors carries the responsibility of overall management of business affairs of the Company in accordance with state corporation requirements, the Articles of Incorporation, and its By-Laws???(Apollo Group, Inc., 2004).
Senior management at Riordan Manufacturing is held accountable by the Board of Directors, and the board may remove a member of management as they see fit. Management at Riordan has the responsibility to ensure that the company internal control policy is being adhered to and that it is in compliance with all rules, laws, regulations and guidelines. ???The daily activity of operations shall be governed by departments through the development of a Departmental Governance Plan??? (Apollo Group, Inc.).? 
Stakeholders need to know that methods are firmly in place that will protect their financial investments from fraud, misuse, and risks. Assurance is needed that investments into a company will be used for what they are intended. Business practices are driven by a solid code of ethics which are crucial when reassuring stakeholders and focusing on maintaining good business relationships.References
Apollo Group, Inc. (2004). Riordan Manufacturing. Retrieved September1, 2010, from https://ecampus.phoenix.edu/secure/aapd//cist/VOP/Business/Riordan/Internet/IndexPort.htm
COSO (2009). Effective Enterprise Risk Oversight. Retrieved September 1, 2010, from http://www.coso.org/documents/COSOBoardsERM4pager-FINALRELEASEVERSION82409_001.pdf
Cheeseman, H. R. (2010). Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues (Seventh Edition ed.). Upper Saddle River, New Jersey: Pearson Prentice Hall.
Committe of Sponsoring Organizations of the Treadway Commission (1985-2010). Internal Control – Integrated Framework. Retrieved September 1, 2010, from http://www.coso.org/IC-IntegratedFramework-summary.htm
Holland, R. (October 1998). Legal Forms of Business. Retrieved September 1, 2010, from http://cpa.utk.edu/pdffiles/adc19.pdf

How the Male Brain Cant See the Laundry

How the male brain cant see the laundry pile upNaomi Wolf June 6, 2009 (Well-known American feminist writer)
1 North Americans of my generation grew up with the 1970s childrens record Free to Be … You and Me, on which Rosey Grier, an immense former gridiron star, sang Its All Right to Cry. The message: girls could be tough, and boys were allowed not to be.
2 For almost 40 years, that eras Western feminist critique of rigid sex-role stereotyping has prevailed. In many ways, it has eroded constraints that turned peaceable boys into aggressive men and stuck ambitious girls in low-paying jobs.
3 Feminists understandably have often shied away from scientific evidence that challenges this critique of sex roles. Because biology-based arguments have been used to justify womens subjugation, women have been reluctant to concede any innate difference. But, in view of recent scientific discoveries, has feminist resistance to accepting any signs of innate gender difference only created new biases
4 The feminist critique, for example, has totally remade elementary-level education, where female decision-makers prevail: the construction of male hierarchies in the schoolyard is often redirected for fear of “bullying”, with boys and girls alike expected to “share” and “process” their emotions. But many educators have begun to argue that such intervention in what may be a hard-wired aspect of “boy-ness” can lead to boys academic underperformance relative to girls and to more frequent diagnoses of behavioural problems.
5 And education is just the beginning. An entire academic discipline emerged out of the wholesale critique of the male tendency to create hierarchy, engage in territoriality and be drawn to conflict.
6 This critique of “masculinity” dramatically affected intimate relationships: women were encouraged to express their dissatisfaction with mens refusal to “share” their inner lives. Women complained of not being heard, of men disappearing after work to tinker in the garage or zone out in front of the TV. But such complaints assumed that men choose all of their behaviour.
7 Now a spate of scientific analyses suggests that we must be willing to grapple with some genuine, measurable differences between the sexes.
8 The most famous of these studies, anthropologist Helen Fishers Anatomy of Love, explains the evolutionary impetus for human tendencies in courtship, marriage, adultery, divorce and child rearing. Some of her findings are provocative: it seems that we are hard-wired for serial monogamy and must work hard to maintain pair-bonds; that highly orgasmic women enjoy an evolutionary advantage; and that flirtation among primates closely resembles the way young men and women in a bar show their sexual interest today.
9 Moreover, in her description of our evolution, Fisher notes that males who could tolerate long periods of silence (waiting for animals while in hunt mode) survived to pass on their genes, thus genetically selecting to prefer “space”. By contrast, females survived best by bonding with others and building community, since such groups were needed to gather roots, nuts and berries while caring for small children.
10 Reading Fisher, one is more inclined to leave boys alone to challenge one another and test their environment and to accept that, as she puts it, nature designed men and women to collaborate for survival. “Collaboration” implies free will and choice; even primate males do not succeed by controlling females. In her analysis, it serves everyone for men and women to share their sometimes different but often complementary strengths – a conclusion that seems reassuring.
11 What Could He Be Thinking, by Michael Gurian, a consultant in neurobiology, takes this set of insights further. Gurian argues mens brains can actually feel invaded and overwhelmed by too much verbal processing of emotion, so that mens need to zone out or do something mechanical rather than emote is often not a rejection of their spouses, but a neural need.
12 Gurian even posits that the male brain actually cant “see” dust or laundry piling up as the female brain often can, and men often cant hear womens lower tones, and their brains, unlike womens, have a “rest” state (he actually is sometimes thinking about “nothing”!).
13 Moreover, Gurian argues that men tend to rear children differently from women for similarly neurological reasons, encouraging more risk taking and independence and with less awareness of the details of their nurture. One can see the advantages to children of having both parenting styles. He urges women to try side-by-side activities, not only face-to-face verbalisation, to experience closeness with their mates.
14 According to Gurian, if women accept these biological differences and work around them, men respond with great appreciation and devotion (often non-verbally). Women who embrace these findings report relations with men become much smoother and more intimate.
15 None of this means that men and women should not try to adjust to each others wishes. But it may mean we can understand each other better and be more patient as we seek communication.
16 Nor does recent scientific research imply that men (or women) are superior, much less justify discrimination. But it does suggest that a more pluralistic society, open to all kinds of difference, can learn, work and love better.Questions How the male brain cant see the laundry pile up 1) What is the main idea of this article
2) Why do women not want to accept biologically-based arguments that there are differences between men and women (Paragraph 3)
3) What problems does the writer say are caused by preventing boys from acting naturally in the playground (Paragraph 4)
4) What were female complaints about men, and why does the writer say these complaints were maybe not fair
5) What does the writer say is different about the way men rear children
6) What does Michael Gurian say happens when women accept that men have their own ways of doing things
7) Feminism caused great social changes and much stress and tension in the West since the 1960s, but the ???war??? between the sexes is not so obvious here in China. This whole issue may even seem quite strange to you. From your own experience, or from other material you have read (Western or Chinese) what do you think about the article
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Corporate Compliance Plan

Corporate Compliance Plan
Oluwayomi Adebola Crofton
LAW/531
September 27,2010
Stanley P. SantireAbstract
Dr. Riordan, a professor of chemistry, who had obtained several patents relative to processing polymers into high tensile strength plastic substrates, founded the company. Sensing the commercial applications for his patents, Dr. Riordan started Riordan Plastics, Inc. in 1991.
Initially, the companys focus was on research and development and the licensing of its existing patents, but in 1992 Dr. Riordan obtained venture capital that he used to purchase a fan manufacturing plant in Pontiac, MI. At that time, the companys name was changed to “Riordan Manufacturing, Inc.” In 1993, the company expanded into the production of plastic beverage containers when it acquired a manufacturing plant in Albany, GA.
The companys most recent expansion took place in 2000 when it opened its operations in China. At that time, the entire fan manufacturing operation was moved from Michigan to China, and the Pontiac, MI; facility was retooled for the manufacturing of custom plastic parts.
Riordan Manufacturing is a global plastics manufacturer employing 550 people with projected annual earning of $46 million. This paper will outline an Alternative Dispute Resolution (ADR) for the company to use to keep them on track with their mission. Then discuss enterprise and product liability. Briefly discussed will be issues with international law and how those laws affect the expansion into China. The paper will cover tangible and intellectual property, legal forms of business as well as governess. The paper will cover enterprise risk management as outlined by the Committee of Sponsoring Organizations of the Tread way Commission (COSO). The paper will wrap up with a discussion on laws that Riordan must follow.Alternative Dispute Resolution Clause
According to the book business, its legal Ethical and Global Environment written by Marianne Moody Jennings; Alternative Dispute Resolution offers parties alternative means resolving their differences outside ???actual??? Courtroom Litigation and costly aspect of preparation for it. ADR ranges from informal options, such as a negotiation settlement between the CEO of companies Working together to achieve one goal can be easy or difficult there will be disagreements, question, dispute arises within the Corporation. Alternative Dispute Resolution clause is the most efficient way to resolve ???between??? the workers according to Jennings (2006). All disputes that arise within the workers ???that??? cannot ???be??? resolved in 24hours after the dispute began will enable ADR to occur. All dispute in reference to an employee disregarding the Rules and Regulations of the company. The employees shall consult and negotiate with each other in good faith and recognizing the mutual interest in the company goals.
In the event of the dispute, the employee agree to participate in a Mediation negotiation with the assistance of a neutral employee who will be appointed by the remaining employees. The Mediation involves no formal procedures and the Mediator does not have power to render a binding decision or force to agree. The employees, who are involved in the dispute, will be ???forced??? to participate in the Mediation process. In the event the at the dispute is not settled during the Mediation an Arbitration clause will follow if the dispute will ???be??? referred and resolve through Arbitration. The Arbitration clause enforces employee who denied Mediation and all the employees will appoint the role Arbitration, excluding members with previous or current involvement in the dispute. The Arbitration decision shall be final.

How the Initiative Affects the Organization??™s Financial Planning

How the initiative affects the organization??™s financial planning
A financial initiative plan allows a company to recap to financiers its inclination to outdo the competition, gain market share in developing divisions and remain economically above what is needed. A classic financial outline may contain everything a company aims to do to produce more money, lessen or keep debts at sensible levels, promote better connections with lenders, and lay out a concrete foundation for long-term success. For the company to implement new initiatives it will take more money, which is why it is the most difficult challenge in businesses. It may require funding new programs, bringing in more workers to complete new projects and providing new equipment. Strategic planning and finances are essential to each and must be organized for success. Before a company can fund new initiatives, they have to look over reports to guarantee that the new plans are aligned with the goals of the company. Financial planners must review the budget set for the new initiatives to ensure everything is in line with the present capital. It is the responsibility of financial planners to certify that the funds are available to maintain the company??™s goals and approach for growth. Although the company is producing financial plans, the financial planner must look at both expenditures and income and associate those numbers to previous incomes results as well as future estimates. They need to outline the company??™s financial position and meet with strategic planners to resolve their plans with obtainable funds. The two processes are essential to each other, and one does not exist without the other. Sometimes new initiatives will require investments, in most cases the company will go badly without investors. With smart projections and planning financial advisors should avoid common risk that comes with investments.

Corporate Compliance Plan

Corporate Compliance Plan for Riordan Manufacturing
Riordan Manufacturing is a highly successful corporation that came into being almost twenty years ago. It has grown to have three locations in the United States and recently acquired a fourth location in Hangzhou, China. Riordan Manufacturing is a wholly owned Fortune 1000 company with revenues of over one billion dollars a year. Because of this rapid growth, it has become necessary to look at the practices and procedures of the company, to be sure that all federal, state and now, international laws and regulations are being properly followed. These laws and regulations can be costly if not adhered to, not only in lost revenues and reputation, but also lost opportunity by not using these same regulations to protect us. What follows is an overview of Riordan Manufacturing??™s processes and what can be done to better insure compliance.
Position of Corporate Compliance Officer:
It is recommended that the position of Corporate Compliance Officer be established, to ensure that all employees are aware of our Code of Ethics and administer the Corporate Compliance Program. This position would report directly to Dr. Riordan, the President of Riordan Manufacturing, and at times to the Board of Directors. The Corporate Compliance Officer would be responsible for overseeing all aspects of the compliance which would include designating the appropriate personnel to administer the program, proper training be given to all employees, investigate any reports of suspected violations, establish and maintain a system to implement and administer the program, and to make recommendations that will further enhance compliance. It is also this office??™s responsibility to remain current on all federal and state regulations and insure that the company is aware of and correctly adhering to code.Legal:
There are three main topics in this area: formation and execution of contracts, litigation, and the legal requirements for the protection of intellectual property. Riordan Manufacturing has been represented by the law firm of Litteral & Finkel since its inception. All contracts have been reviewed and approved by Mr. Bradford of this law firm and this practice has proven successful. It is recommended this course continue to be followed and that we continue to be sure that there are no ambiguities that can later lead to a breach of contract by either party.
It is also strongly recommended that all contracts have Alternative Dispute Resolutions (ADR??™s) built into them whenever possible. The different ADR??™s may include, but not be limited to, negotiation, mediation and arbitration. The procedure for utilizing ADR??™s should be included in every contract. This will save the company a great deal of money that would be lost in litigation through the courts as well as the time and productivity lost through this process.
Riordan Manufacturing has also relied on the services of Litteral & Finkel to file all patent and trademark applications. It is important to continue this practice in that this company has always been on the cutting edge of plastics technology and its intellectual property needs to be protected. Along these same lines patent searches are to be carried out when developing new processes and products to help us avoid any possible patent infringement cases. Employment contracts with employees in Research and Design need to have clauses in them that state the penalties for the sharing of information with others and also the breaking of any security policies the company has instituted. It is also essential that no-compete clauses be included in the employment contracts of those that have access to the company??™s trade secrets. These policies would also apply to some of the employees in the manufacturing sector as well that have access to our intellectual property. It is currently mentioned in the employee hand book that this policy is in place and needs to be continued.
Protection of Tangible and Intellectual Property:
It is very important that Riordan Manufacturing protect both its tangible and intellectual property. All tangible property is to be properly marked with a sequential number and the company logo indentifying company ownership. The numbers are to be properly catalogued showing what the item is, as well as its location. An annual inventory is to be done to ensure that all property is accounted for. As property is moved to another location, sold or otherwise disposed of it is to be properly accounted for and noted in the catalogue.
The current process of manufacturing inventory shall remain at this time. It includes inventorying raw materials as they arrive, keeping an inventory of manufactured products and keeping inventory of products as they are placed on carriers for final delivery.
Intellectual Property (IP) is of particular importance since this company relies on new plastics technology and also the fact that it custom manufactures parts for various industries; therefore the need for security in the R&D department is extremely important. Proper firewalls are to be installed on all company computers. Only authorized employees are permitted on the premises and must show proper company identification. No company computers, software, or software storage device is to be removed from the company??™s physical property. Any employees found not complying with these regulations, or sharing any private company information shall be terminated and prosecuted if deemed necessary.
Protection of intellectual property in China is more difficult. The strongest piece of international legislation is the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIP??™s), which was agreed to by the major industrialized countries to help protect IP rights in lesser developed countries. Since this really lacks any real power in China it is recommended that exposure of any intellectual property be kept to a minimum outside of the United States.
It is also necessary that we when we contract with our customers or outside suppliers that it be included in the agreements that no information that could be construed as Riordan Manufacturing Intellectual property be divulged to any other entity. If such a leak were to occur, then that company would be considered in breach of contract and penalties would follow.
Human Resources:
One of the areas of greatest exposure for litigation is in the area of the recruitment and treatment of employees. It is imperative that Riordan Manufacturing continue to follow Title VII of the Civil Rights Act of 1964, which covers discrimination of employees based on a person??™s race, color, national origin, religion, or gender. The Supreme Court has also found sexual harassment to fall under this act. Pregnancy discrimination was later added as amendment to Title VII. It is also important that all provisions of the Fair Labor Standards Act are followed. One of the primary concerns is that employees are properly categorized so that there is no infraction regarding whether the position was exempt from paying overtime.
The current employee handbook addresses the primary areas that may be of concern. Mention is made that Riordan Manufacturing is an Equal Opportunity Employer and when one examines the employee demographics it is evident that this practice is being followed.
The possibility of medical examinations is also included which as long as the requirement for an examination is made after an offer of employment then the American??™s with Disability Act is being properly followed. It is also current policy that reasonable accommodations are made for those with certain disabilities which also follows the letter of the law.
Mention is also made regarding what constitutes sexual harassment and what is to be done by the employee to report it. It is important that more signifigance be given in this area. There should be a separate section regarding what constitutes sexual harassment and how it is to be reported that is to be signed by each employee. Follow-up training should be given on an annual basis and then signed-off on by each employee., There is enough currently being done to legally protect the company as it is, but it is more important to provide a comfortable work environment in order to get the utmost in productivity from the workforce.
There is also no mention in the employee handbook regarding an employee voice system to report violations of company policy or other concerns an employee may have. If an employee is feeling uncomfortable regarding a certain practice they see occurring, or realize that company policy is not being followed there needs to be a known and comfortable way to report it. It is also the company??™s responsibility to respond to the situation and correct it if necessary. Along these same lines there appears to be no employee dispute resolution system in force. Recommendation of a peer review system for internal dispute resolution should be initiated.
All managers need to be trained as to how the laws impact the decisions they make regarding an employee that could be considered as discrimination, or harassment. All personnel involved with the hiring, promoting, disciplining, or terminating of employees need to be cognizant of the laws and the repercussions that may come to the company if it appears the letter or intent of the law was broken.
The privacy of individuals is a primary concern in today??™s world. One weakness that was found on inspection of the HRIS system is the way employee information and files are kept that could lead to infringement of an employee??™s privacy. Under the current system individual managers, employee relations specialists, and the compensation manager keep employee files. This practice can leave the company liable for the illegal dissemination of private information to outside individuals that can lead to litigation. All hard copies of employee files are to be kept in a centralized area in each of the company??™s four locations. Information may be kept on spreadsheets or other computer software that cannot be accessed by others. Managers are currently required to track employee??™s absences under the Family Medical Leave Act. It is recommended that the Human Resource department take a more active approach in this area. Assurance needs to be made that the employee has a valid claim to be absent under this act and proper documentation by the employee needs to be provided. The employee is also to give proper notification as to when they will be leaving, if possible, and to keep the company informed as to their return. We must do what is possible to provide a comparable position and pay upon the employees return.
Occupational Safety:
Currently Riordan Manufacturing has a Safety Manager and one Safety Technician at its three manufacturing plants, and the company is to be commended on the excellent safety and compliance record it has maintained. The Safety Manager is to remain current on any new specific duty regulations handed down by OSHA. All locations and equipment that may be affected by new regulations are to be inspected, and changes are to be made if required. The company also has a general duty to maintain a safe work environment, so the safety technicians are required to report any complaints or recommendations made by the workers to the Safety Manager, and if the complaint or recommendation is deemed necessary, then the safety technician is to make the repair or alteration decided upon. It is expected that employees will not in any way impede an onsite inspection by OSHA. If a violation is found the Safety Manager and Corporate Compliance Officer are to be notified. Any recommendations made by OSHA to resolve the infraction are to be followed.
Riordan Manufacturing carries workers compensation insurance in each of the states in which it does business, therefore its employees are eligible for worker??™s compensation if it is determined they were injured while on the job. There is no corresponding state program at the plant in China, however there are plans being made to incorporate an assistance program in case of injury to an employee.
Environmental Rules and Regulations:
It is also the Safety Manager??™s responsibility to remain informed on all current and updated regulations enacted by the federal Environmental Protection Agency, as well as the state EPA??™s of Georgia, Michigan and California, where the company operates. Proper monitoring equipment is to be incorporated at each location with inspections to be performed by the safety technicians when required. Any issues of non-compliance are to be immediately reported to the Safety Manager and Corporate Compliance Officer. If the situation is determined to be even a possible breach it is to be reported to the appropriate EPA office and full assistance is to be given regarding any inspections. Any repairs or system changes deemed necessary to repair the problem are to be initiated.
Product Liability:
With many of the products that Riordan Manufacturing makes, along with the product licenses that have been sold, the possibility of a product liability case arising is very strong. All products that we design and manufacture must be tested and retested in order to perform as we have promised. This also includes providing the necessary and proper directions as to how to use the product, insure the product is properly packaged and that if there are any possible dangers or side effects from use of the product that the proper warnings have been printed and labeled. Due to strict liability standards the company must also be sure that all subcontractors are performing up to our quality standards. Riordan Manufacturing also manufactures custom plastic parts that are used in other companies??™ products, so we must be as certain as possible that they too are following proper quality standards.
International Law:
It is the Vice President of International Operations responsibility to ensure that the company is compliant with all international issues. China presents its own set of problems when it comes to manufacturing. Raw materials and any sub-assemblies contracted for with any foreign company need to be rigorously inspected, before being used in any of the company??™s products. It is well known that standards for material and parts from foreign companies are many times not equal to those originating from the United States. Use of substandard raw materials and products definitely leaves Riordan Manufacturing open to product liability claims.
It is also important that plant operations in China be closely monitored. Inspections by Chinese authorities regarding safety, environment and employee protection issues tend to be very lax. It is expected that these issues be given the same amount of consideration in China, as they would be given here. It is expected that our company be a good steward of the environment and that its employees are properly respected.
Governance:
The Riordan Manufacturing Board of Directors sets overall policy in the management of business affairs in accordance with state corporation requirements, along with its Articles of Incorporation, and its By-Laws. It is responsible for the oversight of the company??™s management staff.
The Board shall be comprised by a varying number of members possessing different talents such as industry knowledge, financial literacy or other talents deemed necessary. In order to satisfy the Sarbanes-Oxley Act it is required that there also be an audit committee which must be comprised of board members that are independent of the company and therefore receive no monetary compensation from the company. At least one member of the audit committee must be a financial expert either through education or experience.
The Board is also responsible for the appointment of the officers of the company as well as the removal of its officers if it is felt that they are not acting in the best interests of the company. The directors and officers owe the company a fiduciary duty of care, which means they will act in good faith and with the best interests of the company. Directors and officers are also to act with the fiduciary duty of obedience, which means they must act within the laws of the state, the articles of incorporation and its by-laws.
Another stipulation of the Sarbanes-Oxley Act is that proper accounting of the company??™s financial status be reported. This financial statement is also to be accompanied by a statement filed by the CEO and CFO that the financial statement is a true and accurate record of the company??™s financial position. A knowing and willful violation is punishable by up to a maximum of twenty years in prison and a fine of up to five million dollars. At the present time the Finance and Accounting department has had difficulty in compiling financial information from all of the company??™s locations due to the lack of compatibility of the company??™s financial reporting systems. It is recommended that these problems be quickly rectified in order that accurate financial accounting may be assured. It is important that the CEO and CFO can knowingly attest to the accuracy of the company??™s financial statement
References
Cheeseman, H.R. (2010). Business Law, Legal Environment, Online Commerce, Business Ethics, and International Issues, Seventh Edition.
Apollo Group, Inc.. (2006). Virtual Organization: Riordan Manufacturing. Retrieved from Apollo Group, Inc., LAW/531 website.
U.S. Depart of Transportation, (2007). Corporate Compliance Program Model. Retrieved from www. Fhwa.dot.gov/construction/cquit/compmodl.cfm. Retrieved on August 13, 2010.

How the Distinctively Visual Provokes a Response

In order to gain a greater understanding of a landscape, a character or an event a composer will use techniques specific to their media to create a vivid image for their audience. This is an image that stays with them throughout the text and successfully creates an atmosphere for the environment, persona or occurrence.
The distinctively visual has been successfully created within In a dry season. Lawson employs metonym to convey the innocence of the newcomers in juxtaposed with a dishevelled and unfashionable group conveyed with the use of alliteration, verbs and further metonymy to convey a dishevelled and unfashionable group.
Lawson develops a detailed image of the freshness and naivety of the young travellers through reference to their freshly cut hair and starched collars in ???One or two square-cuts and stand-up collars struggle dismally through to the bitter end???. The use of metonymy allows the audience to immediately associate the hair cut and stiff collars to a group innocent to the harshness of the bush.
This is contrasted to the unkempt, slovenly appearance of the Bushmen has been evoked in this short story. This tousled exterior has been effectively created with the recurring ???s??? in ???Slop, sac, suits, red face and old fashioned flat brimmed hats???. The repetition of the sound allows Lawson to convey the tedium of bush life and the Bushmen??™s fatigue to the reader.
As the Bushmen ???…drop into the train on the other side of Bathurst…??? Lawson conveys a sense of exhaustion. This response is evoked as the reader can visualise the way in which the people fell into the train. The distinctively visual is induced by the verb and the audience can visualize the country and characters becoming more dishevelled as the train progresses toward Bourke.
A distinctive image of a group of ragged men is powerfully stimulated as Lawson makes effective use of metonym. Lawson writes of ???Slop, sac, suits, red faces and old fashioned flat brimmed hats??? and the reader is able to logically relate the description of the men to Bushmen. The responder realises that the travellers are becoming less concerned with their appearance as they deal with the harsh realities of the outback.
Lawson??™s short story The Loaded Dog further generates images that are distinctively visual. He successfully evokes Tommy??™s irritating personality with the use of alliteration, developed noun groups and simile which key techniques utilised in this story.
He successfully uses alliteration throughout his stories in order to widen the visual aspect of a character. However his employment of this technique in text can be considered a more developed use than in any other of his compositions. The alliteration of ???f??? in ???foolish, four-footed mate??? evokes images of a floppy, limp style of movement, conveying to the audience the dog??™s relaxed, idiotic nature.
The development of noun groups in the prose has been successfully used in order to generate a foolhardy and naive description of Tommy. Lawson effectively makes use of this expansion in ???Most of his head was usually a red, idiotic slobbering grin of appreciation of his own silliness.??? This extended use of noun groups established by collective adjectives powerfully conveys Tommy??™s ability to recognise his tactile presence, in turn creating a vivid visual image.
Sean Ascroft??™s short film Bubble Boy powerfully induces a diseased and fearful atmosphere of the protagonist. He makes strong use of colour, montage and camera shot to evoke the distinctively visual.
The effective use of colour is introduced in the opening scenes of the film to emphasise the sense of paranoia being experienced. The yellow tones convey a diseased environment in which the protagonist lives. This contamination is further emphasised by the montage accompanying the preliminary scene, the items have been wrapped in bubble wrap also, this further expresses his irrational behaviour.
Another of Ascroft??™s distinctive qualities is his use of camera shots. His employment of this technique allows the evocation of fear and isolation from the audience. As he is dreaming, a close up is taken on Bubble Boy??™s face effectively allowing the audience into his mind. This allows emphasis to be placed on the anxious emotional state of the persona. The sense of isolation is later encouraged as the neighbours walk by Bubble Boy??™s home as he is looking out his window. The shot over the protagonist??™s shoulder creates empathy for the character, emphasising segregation.
Lawson has successfully evokes distinctively visual images for his audience throughout his texts. These images aid the responders in developing a greater understanding of the characters within the texts while also developing an experience that becomes more lifelike for his audience. Ascroft also evokes this understanding from his audience, effectively conveying what life is like as Bubble Boy.

Corporate Compliance Plan Riordan

Running head: CORPORATE COMPLIANCE PLAN – RIORDANCorporate Compliance Plan – Riordan
University of PhoenixCorporate Compliance Plan ??“ Riordan MEMORANDUM
To: Corporate Officers, Directors
From: Dr. Michael Riordan
Cc: Lowell Bradford
Re: Corporate Compliance Officer Since its conception Riordan has taken all the necessary precautions to ensure that our organization complies with all legal matters as it concerns to our organization. As our business requirements change it is imperative that our organization remains focused and ensures that all departments are in compliant within the laws that govern our business. At the suggestion of our corporation??™s legal counsel Litteral & Finkel, we will be establishing a new position Corporate Compliance Officer (CCO) to our team who will report directly to Lowell Bradford, Chief Legal Counsel (CLC).
Good corporate governance practices lead to better compliance, but more importantly these behaviors lead to better organizational operation and increased shareholder and stakeholder confidence because of the increased visibility and monitoring that is put in place. Corporate governance is a term that embodies all of the process, policies, procedures and records that an organization uses to make decisions and carry those decisions out.(yahoo groups, 2009, p. 1). The CCO will work directly with the Litteral & Finkel to establish a Corporate Compliance Plan that will address key legal liability areas using the following as a guideline.Alternative Dispute Resolution
Alternative dispute resolution (ADR) offers parties alternative means of resolving their differences outside actual courtroom litigation and the costly aspects of preparation for it. ADR ranges from very informal options, such as a negotiated settlement between the CEOs of companies, to the formal, written processes of the American Arbitration Association. These processes may be used along with litigation or in lieu of litigation. (Jennings, 2006, p. 111)
In the event that a dispute should arise either internally or externally Riordan will rely on the recommendations of the Litteral & Finkel to determine what will be the most beneficial and cost effective approach when determining the method of ADR that will be applied. The types Riordan will utilize with a brief description will be as follows.
??? Arbitration, hearing with relaxed rules of evidence.
??? Mediation, third party acts as go-between. We will utilize the American Arbitration Association.
??? Medarb, combination of mediation and arbitration.
??? Minitrial, private judge and courtroom.
??? Peer Review, will only be used to resolve employee/employer issues when applicable.Enterprise Liability
Our business management style has adopted the Six Sigma model which seeks to improve the quality of process outputs by identifying and removing the causes of defects and variation in manufacturing and business processes. Our goal is to exceed ISO 9000 standards, maintaining rigorous quality controls and innovative solutions. It is critical that each corporate officer and director at Riordan fully understand the principle-agent relationship that we all abide by. Part of our newly established corporate compliance plan will include mandatory training for all officers and directors to reinforce the definitions as to each persons authority as it relates to making decisions on behalf of the organization. In addition training you will also receive information to review on tort laws as it relates to employees, OSHA standards, product liability and international laws in order to help prevent and limit enterprise liability. Specifically for officers and directors we will be adding a section to our employee handbook, definitions of authority each level of officer and directors have on behalf of Riordan. The following will be defined in detail:
Expressed authority, Implied authority, Apparent authority, Lingering apparent authority, Actual notice, Constructive notice, Ratification, Disclosed principle, Undisclosed principle, Master-servant relationships, Independent contractor relationships, Scope of employment, Inherently dangerous activities, Duties and obligations for both employers and employees, Employment at will, Expressed contracts, Implied contracts, public policy and whistle blower policies. (Jennings, 2006, p. 737)Product Liability
The financial strength of our business and our ethical and moral obligations relies on our abilities to ensure our products are safe and that we use every precaution in the manufacturing, delivery and disposal of harmful waste to keep our customers, employees and our environment safe. We will continue to make sure we exceed ISO 9000 standards, abide by Uniform Commercial Code (UCC) is the form of an express promise (oral or written) by the seller as to the quality, abilities, or performance of a product (UCC ?§ 2??“313). The seller need not use the words promise or guarantee to make an express warranty.(Jennings, 2006, p. 410) We will continue to abide the 1914 Federal Trade Commission Act and the Wheeler-Lea Act of 1938. We will continue to ensure that each of our products is free of any design defects. Since our products are made up of chemicals we will also continue to comply with OSHA standards to ensure our employees safety. For each of our deliverable products we will ensure that labels with proper warnings in order to reduce product liability torts because of misuse, contributory negligence or assumption of risks. We will continue to comply with the Consumer Product Safety Commission (CPSC) and International Standards Organization??™s 9000 Guidelines for Quality Assurance and Quality Management.
We will continue to abide and revise our Sustainability Study that outlines the process for designs and test new products, designs and test new production processes and evaluates new chemicals, polymers and dyes used in the manufacturing process.International Law
Riordan will continue to use the services of law firm of Litteral & Finkel since they are a large international law firm that has expertise in all areas of the law. In the event that they do not have the expertise in a particular matter they will outsource to a firm with the specialization acting as a third party contractor. The firm has offices in a number of cities world wide and a representative can be dispatched if needed to anywhere in the world should the need arise. With manufacturing in China and products shipped world wide it is important that we observe the laws of various countries, international trade customs and international agreements. Article 38(1) of the Statute of the International Court of Justice (a court of the United Nations that countries consent to have resolve disputes) is a widely recognized statement of the sources of international law: The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:
(a) international conventions, whether general or particular, establishing rules expressly
recognized by the contesting states;
(b) international custom as evidence of a general practice accepted as law;
(Jennings, 2006, p. 26)
Other areas of consideration for international issues to observe and abide by are:
??? Treaties??”agreements between and among nations regarding their political and commercial relationships.
??? Act of state doctrine??”immunity of governmental action from discipline by other countries; sanctity of government??™s right to govern.
??? European Union??”group of twenty-five nations working collectively for uniform laws and barrier free trade.
??? Uniform laws??”Contracts for the International Sale of Goods (CISG).Tangible and Intellectual Property
Riordan??™s tangible assets are in excess of 19 million which is comprised up of our property, buildings and equipment. In order to protect our assets we must ensure that all proper documents are in order such as documents of title, bills of sales so that we may provide proof of ownership if the need should arise. As we expand our organization and when decide to purchase more tangible property we should determine if leasing would be in our best interest. A lease is a right of use and possession of property for a fixed or open ended period of time. (Jennings, 2006, p. 620) In the event we need to secure a loans to purchase tangibles we will ensure that we conform under Article 9 of the Uniform Commercial Code (UCC). Riordan will also ensure that all of our tangible property has the proper and adequate insurance in order to cover theft and accidents.
The foundation that Riordan was built on is its patents and ideas of Dr. Riordan. The corporate compliance plan will include annual reviews to ensure that our federal protections for intellectual properties are protected. Riordan??™s patents are protected under Article 1, Section 8, of the U.S. Constitution. The review will ensure that are patents are properly registered and renewed with the U.S. Patent and Trademark office. To ensure Riordan??™s intellectual property is protected in foreign countries we will rely on protection from the World Trade Organization (WTO) which was modified in 1986 to include protections and extensions of intellectual property rights. This will help ensure that our patents and manufacturing ideas are not copied in foreign countries. In the event that our intellectual property is compromised, we will use rely on the International Chamber of Commerce (ICC), which is a private organization that handles arbitration cases from parties in 123 countries. The ICC also provides mediation, referred to as conciliation, services. In conciliation, the court assigns an expert to work with the parties to try to achieve a settlement of the case. Internally we will also ensure that all Riordan employees sign confidentiality agreements to protect ourselves from employees who leave the company and use our ideas.Legal Forms of Business
Riordan Manufacturing Inc. was established in 1993 and does have formal filings of articles of incorporation. Our business model is based on the Model Business Corporation Act (MBCA),as drafted and revised by the Corporate, Banking and Business Section of the American Bar Association, is the uniform law on corporations. (Jennings, 2006, p. 856) Of most importance each officer and director must be aware of and know the consequences of the Sarbanes-Oxley Act (SOX). Riordan will strictly abide by these rules. On July 30, 2002, the Sarbanes-Oxley Act (SOX), which establishes a new system of checks and balances for public corporations, was signed into law. Sarbanes-Oxley redefines the duties and relationships among corporate executives, directors, audit committees, in-house and outside counsel, independent auditors, insurers, securities exchanges, and government regulatory agencies. These laws and related regulations promise to spawn both private litigation and administrative enforcement actions involving civil penalties and criminal sanctions against corporations and those fiduciaries responsible for guiding their activities. SOX legislation affects CEOs and CFOs directly, increasing their certification responsibility and reporting requirements. The Act creates a federal system of checks and balances within public companies, effectively creating independent duties of Audit Committees and other parts of corporations. CEOs, CFOs and Audit Committees will increasingly want advice separate from company counsel when issues arise. With the creation of whistleblower rights within companies and expanded shareholder rights, companies, their executives and directors face heightened scrutiny and increased exposure to criminal and civil penalties for wrongdoing. (In F. B. Todd (Ed.),, 2009) We will ensure that proper auditing will be conducted quarterly from reputable audit firms to ensure we are compliant with state, federal and international laws to ensure our shareholders and employees that our financial statements are accurate and factual.Governance
Corporate governance is the set of practices that best provides for the effective, open, and visible management of an organization. The comprehensive study of corporate governance is an acknowledged necessity for good performance in business, but this type of governance is still new to many organizations. Corporate governance involves detailed understanding of communication and involvement, policy and procedure, and performance management. It also includes codes of conduct and ethics, leadership, human resources management, and corporate compliance.(wiki, 2003, p. 1) The corporate compliance plan will include audit and ethic committes to oversee business practices, officers and directors will be required to have ongoing and continuous education on ethics and moral obligations. Riordam will comply will all Antitrust Laws, Foreign Corrupt Practices Act of 1977, Export Control and Import Laws and Environmental Protection Laws. Furthermore officers and directors will be held accountable and approriate disciplinary action taken including termination or criminal charges for any violations to Riordans goveranance policies.Conclusion
Riordan??™s new Corporate Compliance Plan is being adopted in accordance to industry standards and will not only meet but exceed industry standards. Our Corporate Compliance Officer will be responsible for ensuring that all areas on our organization are compliant as outlined in our plan by the use of written policies and procures, auditing and monitoring, training and education, enforecment of standards, regulatory and compliance oversight and ethical and moral responsibilities. Other areas to be addressed will be reevaluated our employee handbook making revisions where needed, auditing all of our contracts and all legal business forms.References
(2009, ). Corporate Governance. Message posted to Vhttp://groups.yahoo.com/phrase/corporate-governance-and-compliance, archived at
Corporate Governance. (2003). Retrieved May 10, 2009, from Corporate Governance Definition: http://en.wikipedia.org/wiki/Corporate_governance
Jennings, M. M. (2006). Business Its Legal, Ethical, and Global Environment (7th ed.). : Thomson.
Sarbanes-Oxley Act. (2009). In F. B. Todd (Ed.), . Retrieved , from http://www.frostbrowntodd.com/practice/servicedetail.aspxservice=180

How the Construction of a Speech Contributes to Their Appreciation

Is the construction of a speech a crucial element which can drastically increase the effectiveness of the speech, or if not what elements of a speech do this This is the question which must be answered and analyzed in order to fully understand how the construction of a speech contributes to their appreciation. Two outstanding speeches which thoroughly show this contribution of speech construction is Paul Keating??™s speech about the unknown soldier on the 75th anniversary of remembrance day, and Sir William Deane??™s speech at the ecumenical service of the victims of the Swiss canyoning accident on the 5th of August 1999. These speeches not only use effective techniques such as inclusive language and rhetorical questions, but they use these techniques in such a way to create links and form relationships between the speaker and audience.
Paul Keating??™s background of being the Prime Minister of Australia, and being renown for being passionate about Australian history created a foundation of credibility before he even begun his speech. Paul Keating effectively utilizes inclusive language from the beginning of his speech, by opening with the line ???We do not know the Australian??™s name and we never will??™. Keating is able to establish immediately establish the link that we are all Australians, and creates a sense of unity throughout the audience. The opening line also expresses that the unknown soldier is one of our own, even though we may not personally know him. Inclusive language such as ???we??™ is constantly used throughout the whole speech which sustains and reinforces the sense of unity created by the link created in the beginning sentence.
Repetition is another well used technique used within the beginning of Keating??™s speech. The repetition is used in order to emphasise the importance of those who died defending our country. Unlike most uses of repetition, the repeated line ???We do not know…??™ is changed for the final repetition to ???We will never know…??™. which amplifies the idea that the identity of the unknown soldier will forever be a mystery and should be remembered for not only his contribution to the country, but his contribution of every single one of us, his fellow Australians.
Use of emotive language throughout the speech helps Keating create a specific view of war. He uses words such as ???mad??™, ???brutal??™ and ???awful??™ to describe the war and to create a negative view towards it. Not only does this imagery have an affect of what the audience think of about the war, but it also allows Keating to emphasise the struggles and hardships the unknown soldier has endured for the cause of safety of our own country.
The construction of Paul Keating??™s Speech, including the inclusive language, great use of repetition and the specific use of emotive language to emphasise the soldiers hardships, all are part of the construction of the speech. This thorough construction has a very large affect on the appreciation of the audience. Without these techniques the speech would not have been nearly as effective and would have a much smaller impact on the audience.
Sir William Deane??™s speech at the ecumenical service also uses numerous techniques in such an effective way that ……… The speech immediatly establishes the audience as mourners
The construction of speeches is a crucial element of the speech which can drastically increase the effectiveness of the speech. A well constructed speech will be able to create links, create empathy and especially reinforce the purpose of the speech. Two speeches which are very well constructed include Paul Keating??™s speech about the unknown soldier, and Sir William Deane??™s speech at the funeral service of the unfortunate canyoning accident in Switzerland.

Corporate Compliance at Riordan Manufacturing

Corporate Compliance at Riordan Manufacturing
UOP LAW/521
May 25, 2010
Corporate Compliance at Riordan Manufacturing
GovernanceCorporate governance is the set of control and direction under which a Corporation operates through processes, customs, policies, laws, and institutions affecting the way a corporation (or company) is directed, administered, or controlled. Corporate governance principles include: examination of compensation paid to executives, accounting internal controls, verifying accuracy of financial statements, and control over management risk.
Riordan Manufacturing will elect a board of directors to protect the interests of the companys shareholders. To be in compliance with Sarbanes-Oxley, the board of directors will consist of a majority of independent members (Jennings, p. 862, 2006). The most important function of corporate governance is to ensure financial statements comply with statutory and ethical rules. The board of directors will verify accountants and auditors are honest and competent.
The Enterprise Risk Management (ERM) is “a process, effected by an entitys board of directors, management and other personnel, applied in strategy setting and across the enterprise, designed to identify potential events that may affect the entity, and manage those risks to be within its risk tolerance appetite, to provide reasonable assurance regarding the achievement of entity objectives” (BusinessDictionary, n.p., 2010). The management of risk involves mitigating negative risk at the same time taking advantage of positive risk. Riordan??™s board of directors are responsible for establishing an enterprise risk management philosophy that would enable management to effectively deal with uncertainty when implementing an enterprise risk management plan for the company. Corporate Compliance at Riordan Manufacturing
Riordan Manufacturing is a global plastics manufacturer. Doctor Riordan started Riordan Plastics, Inc. in 1991 and the name changed to Riordan Manufacturing, Incorporation in 1993. The company is headquartered in San Jose, California and has plants in Albany, Georgia, Pontiac, Michigan, and a new facility in Hangzhou, China. The company products include plastic beverage containers produced, custom plastic parts are produced, and plastic fan parts are produced. Riordans major customers are automotive parts manufacturers, aircraft manufacturers, the Department of Defense, beverage makers, and bottlers, and appliance manufacturers (Virtual Organization, n.p., 2006).
Riordan Corporate Compliance Plan will include an Alternative Dispute Resolution (ADR) clause to contracts to resolve disputes involving product liability claims, and risks against defective product claims, international laws regarding the plant in China, tangible and intellectual property laws, laws regarding the corporate form of business and protection to the interests of public and private investors through a Corporate Governance Plan.
Organizations Value
Riordan Manufacturing is the industry leader in using polymer materials to provide solutions to its customers??™ challenges. Riordan values are built on the principles of fair dealings and ethical conduct of its employees. The company reputation for integrity and excellence requires the highest standards of conduct and personal integrity of directors, officers and employees to conduct business in accordance with the letter, spirit and intent of all relevant laws and to refrain from any illegal, dishonest, or unethical conduct. ???Our continued success is dependent upon our customers trust, and we are dedicated to preserving that trust??? (Virtual Organization, n.p., 2006).Corporate Compliance at Riordan Manufacturing
Corporate Compliance Officer
Riordan Manufacturing has designated a Corporate Compliance Officer (CCO). The Corporate Compliance Officer will report to the president and CEO of Riordan, and to the board of directors in certain situations. The Corporate Compliance Officer will be responsible for overseeing the Corporate Compliance Plan and will have the following responsibilities:
1. Reviewing and recommending changes to agency policies, and procedures.
2. Ensure that Riordan are in compliance with the letter, spirit, and intent of all relevant laws.
3. Overseeing the administration of agency risk assessment compared to Compliance issues and recommends changes as a result of Risk Assessments performed.
4. Develop and implement internal audit procedures relative to Riordan Corporate Compliance issues.
5. Maintain a library of regulations, policies, and procedures.
6. Overseeing staff, investigate matters related to Corporate Compliance issues, including employees, or consumers.
7. Develop, and implement an employee feedback loop, which encourages employees to report potential problems without fear of retaliation.
8. Make recommendations to the president and CEO for disciplinary action for Code violations.
Written Policies and Procedures
Riordan Employee Personnel Handbook and policy and Procedures manuals for each program cover detailed procedures in which employees are expected to follow. In addition, a Business Code of Ethics and Code of Conduct have been written that detail expected behaviors of directors, officers, and
Corporate Compliance at Riordan Manufacturing
employees. The Employee Handbook will be given to all employees and each employee will sign an acknowledgement of receipt confirming he or she read and understood the policies contained in the handbook.
A fiscal Policy and Procedure will be developed for the Finance and Accounting Department, which will detail a variety of fiscal functions related to fiscal intermediary services. These various Policy and Procedures Manuals will be reviewed at least every other year.
Riordan fiscal intermediary programs consist of three operating entities in Georgia, Michigan, and California that have their own finance and accounting systems with different software applications that run on different operating systems. The challenge with the systems is a compatibility issue that was not addressed when Riordan acquired the operating entities in Michigan and Georgia, and as a result it is difficult to consolidate the information for the financial statements without re-entering the financial data.
Alternative Dispute Resolution (ADR)
Alternative dispute resolution (ADR) offers parties alternative means of resolving their differences rather than pursuing formal litigation and the costly aspects of a lengthily trial. ???ADR ranges from very informal options, such as a negotiated settlement between the CEOs of companies, to the formal, written processes of the American Arbitration Association??? (Jennings, p. 111, 2006). The two major disadvantages of solving problems through litigation is cost, and it can take years before a decision is reached. The most popular ADR method is arbitration, and other methods include mediation, mediation arbitration, mini-trial, rent-a-judge, summary jury trials, early neutral evaluation, and peer review. Riordan will include mandatory arbitration clause in its contract that would ???require, in the event of a dispute, that the parties submit to arbitration??™ (Jennings, p. 111, 2006). Contracts with Riordan
Corporate Compliance at Riordan Manufacturing
customers would also offer a voluntary arbitration clause to resolve goods and services issues, and to handle disputes brought on by the company.
Riordan??™s Alternative Dispute Resolution clause for employees is as follows, Any director, officer, or employee who violates the Corporate Compliance Plan shall be subject to disciplinary measures to correct the problem, and prevent recurrence. Disciplinary measures will include verbal warning, written warning, and suspension with, or without pay or termination of employment. The action taken will depend on the severity of the violation. By enforcing an Alternative Resolution Dispute (ADR) departments can function in a more productive manner.
Enterprise and product liability
Because Riordan Manufacturing is wholly owned by Riordan Industries, the corporate compliance plan must address the Enterprise Liability that exists between the two entities. The Enterprise Liability extends the liability of Riordan Manufacturing to Riordan Industries. This doctrine is mostly concerned with criminal law so this portion of the corporate compliance plan will focus on criminal law.
To limit the liability to Riordan Industries a panel of managers between the two companies will be designated to evaluate the risks of Riordan Manufacturing committing criminal acts. The panel will evaluate each step of the manufacturing process to ensure that compliance to laws, regulations, and company policies, and procedures are followed. The panel will also evaluate subcontractor??™s contracts and work performed by subcontractors, possible risks, and any past criminal infractions by contractors. The panel will provide a report each month to Riordan??™s board of directors regarding their activities and findings.
Corporate Compliance at Riordan Manufacturing
Riordan Manufacturing produces plastic bottles that are used by many consumers. These products could cause harm to consumers. Under section 402A of the Restatement of Torts,
Riordan Manufacturing would be liable for damages to the consumer. The compliance plan will provide best practices and possible ways to limit product liability. Riordan Manufacturing will have an in-house product test department that will test each new product under different conditions for both normal, and misuse of the product. For each problem identified in the test the department will provide an action plan to resolve the problem. Riordan will also contract with an independent outside test laboratory for evaluation of all new products before they are shipped to market.
International Law In 2002 Riordan opened its operation in China. The expansion overseas exposes the company to new laws, policies, and procedures that must be followed. The laws in China can be quite different from the United States, and Riordan will obtain local legal counsel for advice on the peculiarities of the country laws. Riordan also needs to ensure that the employees who are communicating with China have a good understanding of the customs, and cultures practiced in China. For employees visiting China for business, Riordan will provide them with cultural awareness classes that will educate them on the dos and don??™ts in China. Repeated reminders of the practices in China will ensure that employees are not offending the employees of that entity and will ensure smooth business transactions.
Tangible and Intellectual PropertyTangible property is defined as ???the type of property we can see and touch. Delivery trucks, desks, computers, inventory, and the building and land in which a business is located are all forms of tangible Corporate Compliance at Riordan Manufacturing
property??? (Jennings, p. 619, 2006). Riordan Manufacturing physical assets include equipment, inventory, and buildings. The physical assets will be safeguarded and protected. ???In order to ensure consistency of operations and quality control at all Riordan plants, a common set of procedures has been developed for the management of receiving raw materials, tracking products during manufacturing, and accounting for the finished good inventories??? (Virtual Organization, n.d., 2009).
To ensure protection of new products and processes Riordan Manufacturing will file for utility or functional patents and design patents on company equipment, and inventions. The bottles, fans, automotive parts and other products produced by Riordan are examples of the items that will be patented. The designs for these products will also be placed in a secured vault to prevent the possibility of duplication of the products by another company. Employees involved in the designing, and manufacturing of these products will be required to sign disclosure agreement documents to ensure they will not release this information to other companies.
Intellectual property is defined as ???creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce??? (WIPO, n.d.). Riordan??™s intellectual property includes trademarks, trade secrets, patents, software, and copyrights. All patents and trademarks will be examined quarterly to ensure that they are current and up to date. Without protection of intellectual property businesses would not obtain the full benefits of their ideas, and inventions, and would focus less on research, and development. Piracy, counterfeiting, and the theft of intellectual property assets pose a serious threat to all businesses. To help protect the tangible, and intellectual property of the company, executives must: file for protection under United States patent, trademark and copyright laws, Use nondisclosure agreements, Invest in legal counsel, do research against product to Corporate Compliance at Riordan Manufacturing
make sure patent laws are not violated, and the works of others are respected (ALLBusiness, 1999- 2010).
Legal Forms of Business
Riordan Manufacturing is a corporation with ???unlimited duration, free transferability of interest, limited liability for shareholders/owners, continuity, and centralized management??? (Jennings, p. 855, 2006). Riordan will comply with the Model Business Corporation Act (MBCA) and comply with all state and federals laws and regulations, and with Sarbanes-Oxley Act of 2002. Riordan will be governed by the board of directors, officers, and executive committees. A summary of the corporate policies, procedures and rules will be included in the employee handbook. Riordan will file all necessary financial statements on a timely basis. The officers and directors will verify the accuracy of the financial statements and external auditors will verify compliance with the Sarbanes-Oxley Act. Conclusion
Riordan Manufacturing Corporate Compliance Plan was created to ensure Riordan comply with applicable laws and regulations. The Corporate Compliance Plan stresses the importance of internal controls to minimize corporate risks by applying recommendations of the Committee of Sponsoring Organization of the Treadway Commission (COSO). Riordan will establish internal controls to identify, prevent, limit, and correct violations. A benefit of having a compliance program in place in an organization it may receive a substantially reduced fine, and maybe able to avoid corporate probation and criminal prosecution.
References
AllBusiness, (1999 – 2010). ALLBusiness. Retrieved from
http://www.allbusiness.com/legal/intellectual-property/11140-1.html
BusinessDictionary.com. (2010). Enterprise risk management. Retrieved May 25, 2010, from http://www.businessdictionary.com/definition/enterprise-risk-management-ERM.htmlMarianne Moody Jennings (Ed.). (2006). Business: Its Legal, Ethical, and Global Environment. [University of Phoenix Custom Edition e-Text]. : . Retrieved May 25, 2010, from LAW/521.Virtual Organization: Riordan Manufacturing. (2006). Retrieved May 25, 2010, from University of Phoenix, Law/531 https://ecampus.phoenix.edu/secure/aapd/cist/VOP/Business/Riordan/Internet/IndexPort.htm
WIPO, Encouraging Creativity and Innovationt. Retrieved from http://www.wipo.int/about-ip/en/