Tuesday, May 26, 2020

Asian Students and Colleges Essay - 1386 Words

Many people assume that Asians have it the easiest of all the races when it comes to applying to top tier schools. Not only are they â€Å"naturally intelligent†, they are also a minority meaning they can reap the benefits of affirmative action; therefore, they must be able to easily stand out against White applicants with a comparably high academic record. Surprisingly, studies show that the opposite may be true. Asians admission rates in top tier schools like Harvard suggest that White applicants may be chosen over an Asian applicant with the same qualifications due to higher expectations for Asian students. These unofficial discriminatory policies have the exact opposite effect of affirmative action: giving advantaged Whites preference over†¦show more content†¦Yet despite numerous roadblocks, the emphasis on hard work and education in most Asian cultures has allowed them to excel above and beyond expectations. On average, Asians score higher than any other race on the SAT (Washington, 2011). In highly selective High Schools that require application based on merit there is often an Asian population that is disproportionate to the Asian population in the surrounding county. In Thomas Jefferson High School in Fairfax County, one of the top high schools in the nation for math and science, subjects Asians generally excel in, Asians have surpassed Whites in enrollment. The student body of Thomas Jefferson is fifty-four percent Asian, an astounding figure when compared to the mere nineteen percent Asian population in Fairfax County (Shapiro, 2013). n.d.). Unfortunately, this success also led to the stereotype that Asians are naturally intelligent as well as create a higher standard for Asians, undermining the hard work and dedication many put into academics. There is evidence to suggest that Asians are often held to a higher standard when applying to colleges, especially highly selective colleg es like the Ivy League. In a study by sociologists Thomas Espenshade and Alexandria Radford of students who applied to selective universities, results showed that white candidates were â€Å"three times more likely to be accepted than Asians with the same academic record† (as cited by Chen, 2012). The discrimination isShow MoreRelatedHigh Expectations From Their Family Members And Parents1352 Words   |  6 Pagespressure many Asian students receive from home and society is back-breaking. It is physically and mentally demanding. There are intimidating voices whispering through our ears, pressuring us to do the best, be the best and remain the best. HVCC is out of the question. We are expected to get into the best schools in the country. What if I don’t want to go to college? Ha! That’s a good one. Even with the high expectations from home, colleges and universities have them too. Especially from students of AsianRead MorePositive And Negative Stereotypes Among Community College Students Essay1424 Words   |  6 PagesThe purpose of this paper is to define the positive and negative stereotypes among community college students. This paper presents a brief review of diverse social biases and comprehension of Asian student’s stereotypes and discrimination in community colleges. Stereotyping people makes you ignore their individuality, but on the other hand, it helps you to find people who most likely will match who you are. Many people don’t know the real meaning of the word â€Å"stereotype†. Stereotypes are alwaysRead MoreEssay on Affirmative Action Discriminates against Asians1146 Words   |  5 Pagesa â€Å"plus factor† for minority races but it has developed into a disadvantage for Asian-American students who demonstrate academic excellence. They often find their achievements overlooked because of their racial background (Bronner). Although affirmative action was created to prevent the discrimination of minorities in the United States, Asians are instead deprived of their fair chance to gain acceptance into college. These policies claim to help the disadvantaged, but if â€Å"preferences were truly meantRead MoreAsian Americans Academic Success1728 Words   |  7 Pages School Attendance and Family Expectations Among Asian Americans Race, gender and education are status determinants in today’s society. Asian Americans’ academic success comes from a combination of helpful parents, a motivation to succeed, a supportive academic space, a supportive community and economic resources. In this paper, I will argue that Asian Americans attend college due to their cultural roots and familial expectations. Along the way to success are some hardships like stereotypes, genderRead MoreHow Asian Discrimination Is The World Of Academics1231 Words   |  5 Pageshas been used to label Asians as foreigners. The usage of this term has kept the continuation of Asians being deprecated in America. An article by The Economist, â€Å"The Model Minority is Losing Patience†, explains how Asian discrimination is invoked into the world of academics. â€Å"He was rejected by six of the seven Ivy League colleges to which he applied† (Economist). We must learn to embrace the Asian diversity, though the history of America has left a period of where the Asian population has been affectedRead MoreDo Asians Rights Be Ignored? America? Essay1489 Words   |  6 Pages11/2/2016 Do Asians’ rights be ignored in America? When I search â€Å"Asian rights in America† on Google, there are almost 68400000 search results. But if I search â€Å"Black people rights in America†, there are about 90800000 search results online. It is obviously that there are some differences between these two values and what reason causes this different? Why people focus more attention on black people’s rights not on Asians’ rights? You may say that it’s maybe because the number of Asians is smallerRead MoreAfrican Americans And Asian Americans1421 Words   |  6 Pagesbeen used most often to describe Asian Americans, group seen as having attained economic and education success at significantly higher rates than that of other minority groups. Although first coined by sociologist William Petersen in 1966, the term â€Å"model minority† was not popularized and nationalized as a reference to Asian Americans through radio and television outlets, and even some academics until the mid-197 0s. The term was meant to convey a stereotype that Asian Americans were becoming economicallyRead MoreIdentity and the Way Individuals Shape Their Identities for Themselves1341 Words   |  6 Pagesattributes and goals. A sense of self-reliance and independence are considered normal and desirable. Markus and Kitayama (1995) further noticed that most Asians cultures emphasize and identity that is based on conforming to the ideals of the community, religion and family. The importance of collective efforts and association with a group are instilled in Asian cultures. The Japanese and Chinese cultures encourage children to value and cherish collective honors through group work and to be modest about theirRead MoreIs Affirmative Action Racist? Essay1523 Words   |  7 PagesIt is responsible for colleges discriminating against Eastern Asians and whites and for employers hiring workers based off of skin color rather than skills or experience. People can’t change their race (ex cept for former president of the Spokane N.A.A.C.P. chapter, Rachel Dolezal, apparently), yet many colleges and employers favor certain races over others by using quotas, or a fixed number of people of each race. U.S. News ranks Harvard University as the number one college in the world. HarvardRead MoreAnalysis Of The Article The Model Minority Losing Patience 1278 Words   |  6 Pagesgrowing problem between Asian-Americans and the American society. A growing issue is that minorities, especially Asian-Americans are being judged based on their race rather than the accolades and achievements they have accomplished. In the article â€Å"The model minority is losing patience,† the article discusses about a high school senior by the name of Michael Wang, who was denied six out of seven Ivy League colleges, even after coming in second place in his class of 1,002 students for academics, scoring

Tuesday, May 19, 2020

Top 5 Supreme Court Scandals

If your knowledge of Supreme Court scandals begins and ends with the tumultuous Senate confirmation process of Justice Brett Kavanaugh in October 2018, you will either be relieved or horrified to learn that he was by no means the first jurist with a less-than-pristine reputation. From the judge who refused to listen to cases argued by women, to a former KKK member, bad behavior on the nations highest court is not that uncommon. Here are a few of the juiciest scandals.   Supreme Court Fast Facts The Supreme Court is the highest court in the federal judicial system of the United States.The Supreme Court is composed of nine judges, including eight Associate Justices and the Chief Justice of the United States. Supreme Court justices are nominated by the President of the United States with the approval of the United States Senate. The Supreme Court has appellate jurisdiction (right to consider) over all federal and state court decisions dealing with questions of constitutional or statutory law, as well as original jurisdiction over lawsuits between the states.The Court also has the power of judicial review, the authority to overturn laws that violate the Constitution or unlawful acts of the executive branch. Wishing Washington Dead, Justice Rutledge Gets the Boot Appointed by President George Washington in 1789, John Rutledge was one of the Supreme Court’s first justices. He was also the first and so-far only justice to be kicked off the court. In June 1795, Washington issued a â€Å"recess appointment† temporarily making Rutledge Chief Justice. But when the Senate reconvened in December 1795, it rejected Rutledge’s nomination because of what John Adams called his â€Å"Disorder of the Mind.† Still not recovered from the unexpected death of his wife in 1792, Rutledge gave a rant-filled speech on July 16, 1795, in which he reportedly suggested that it would be best if Washington died rather than sign the Jay Treaty with England. In Justice Rutledge’s case, that was where the Senate drew the line. Justice McReynolds, the Equal-Opportunity Bigot Justice James Clark McReynolds served on the court from 1914 to 1941. After he died in 1946, not a single other living current or former justice attended his funeral. Reason being, they had all come to hate his guts. Justice McReynolds, it seems, had established himself as an unabashed bigot and all-around hater. A vocal anti-Semite, his other favorite targets included African Americans, Germans, and women. Whenever Jewish Justice Louis Brandeis spoke, McReynolds would leave the room. Of Jews, he once declared, â€Å"For 4,000 years the Lord tried to make something out of Hebrews, then gave it up as impossible and turned them out to prey on mankind in general—like fleas on the dog.† He would often refer to African Americans as â€Å"ignorant,† possessing â€Å"but a small capacity for radical improvement.† And in the rare (in those days) event a woman attorney appeared to argue a case before the court, McReynolds would exclaim, â€Å"I see the female is h ere again,† before grandly gathering his robe and leaving the bench. Justice Hugo Black, Ku Klux Klan Leader Though widely recognized as a staunch supporter of civil liberties during his 34 years on the bench, Justice Hugo Black was once an organizing member of the Ku Klux Klan, even recruiting and swearing in new members. Though he had left the organization by the time President Franklin D. Roosevelt appointed him to the Supreme Court in August 1937, public knowledge of Black’s KKK history resulted in a political firestorm. Supreme Court Justice Hugo Black. Getty Images Archive On October 1, 1937, less than two months after taking his seat on the court, Justice Black was forced to give an unprecedented nationwide radio address to explain himself. In a speech heard by an estimated 50 million Americans, he said in part, â€Å"I did join the Klan. I later resigned. I never rejoined,† adding, â€Å"Before becoming a Senator I dropped the Klan. I have had nothing to do with it since that time. I abandoned it. I completely discontinued any association with the organization. I have never resumed it and never expect to do so.† Hoping to reassure African Americans, Black said, â€Å"I number among my friends many members of the colored race. Certainly, they are entitled to the full measure of protection accorded by our Constitution and our laws.† However, in 1968, Black argued in favor of limiting the scope of the Civil Rights Act as it applied to the protection of the rights of activists and protesters, writing â€Å"unfortunately there are so me who think that Negroes should have special privileges under the law.† Justice Fortas Denies Taking Bribes but Still Quits Justice Abe Fortas suffered a fatal flaw for judges. He liked to take bribes. Appointed to the Supreme Court by President Lyndon Johnson in 1965, Fortas had already faced serious allegations of improperly promoting LBJ’s political career while serving on the highest court in the land. Things got a lot worse for Justice Fortas in 1969, when it was revealed that he had accepted a secret legal retainer from his former friend and client, infamous Wall Street financier Louis Wolfson. Under their agreement, Wolfson was to pay Fortas $20,000 a year for life in return for special help and â€Å"consultation† during his pending trial on charges of securities fraud. Whatever Fortas did to help Wolfson failed. He ended up in federal prison and Fortas saw the handwriting on the wall. Though he always denied taking Wolfson’s money, Abe Fortas became the first and so far only Supreme Court justice to resign under threat of impeachment on May 15, 1969. Clarence Thomas, Anita Hill, and the NAACP The two most-watched TV events of 1991 were probably the First Gulf War and the Clarence Thomas vs. Anita Hill Supreme Court Senate confirmation hearings. Spanning 36 days, the bitterly fought hearings centered on accusations that Thomas had sexually harassed attorney Anita Hill when she had worked for him at the Department of Education and the EEOC. In her testimony, Hill vividly described a series of instances in which she claimed Thomas made sexual and romantic advances toward her, despite her repeated demands that he stop. Thomas and his Republican backers contended Hill and her supporters had made the whole thing up to prevent President Ronald Reagan from placing a conservative African American judge, who might vote to weaken civil rights laws, on the Supreme Court. Justice Clarence Thomas During Senate Hearings. Corbis Historical / Getty Images In his testimony, Thomas vehemently denied the allegations, stating, â€Å"This is not an opportunity to talk about difficult matters privately or in a closed environment. This is a circus. It’s a national disgrace.† He went on to liken the hearings to â€Å"a high-tech lynching for uppity blacks who in any way deign to think for themselves, to do for themselves, to have different ideas, and it is a message that unless you kowtow to an old order, this is what will happen to you. You will be lynched, destroyed, caricatured by a committee of the U.S. Senate rather than hung from a tree.† On October 15, 1991, the Senate confirmed Thomas by a vote of 52–48. Justice Brett Kavanaugh Overcomes Sexual Assault Claims People who remembered Clarence Thomas and Anita Hill probably got feelings of dà ©jà   vu watching the Senate confirmation hearings of Justice Brett Kavanaugh in October 2018. Soon after the hearings began, the Judiciary Committee was told that research psychologist Dr. Christine Blasey Ford had formally accused Kavanaugh of sexually assaulting her at a fraternity party in 1982 when she was in high school. In her testimony, Ford claimed that a visibly drunken Kavanaugh had forced her into a bedroom where he pinned her on a bed while attempting to remove her clothes. Expressing her fear that Kavanaugh was going to rape her, Ford added, â€Å"I thought he might inadvertently kill me.† Brett Kavanaugh Sworn In As 114th Supreme Court Justice. Getty Images News In his rebuttal testimony, Kavanaugh angrily denied Ford’s allegations while accusing Democrats in general—and the Clintons specifically—of attempting â€Å"a calculated and orchestrated political hit, fueled with apparent pent-up anger about President Trump and the 2016 election.† After a controversial supplemental FBI investigation found no evidence proving Ford’s claim, the Senate voted 50-48 to confirm Kavanaugh’s nomination on October 6, 2018. Sources and Further Reference Flanders, Henry. The Life of John Rutledge. J.B. Lippincott Co.Glass, Andrew. Abe Fortas resigns from Supreme Court May 15, 1969. Politico (May 15, 2008)James C. McReynolds. Oyez Project Official Supreme Court media. Chicago Kent College of Law.The Thomas Nomination; Excerpts From Senates Hearings on the Thomas Nomination. The New York Times (1991)Pramuk, Jacob. Trump Supreme Court nominee Brett Kavanaugh categorically denies sexual misconduct accusation detailed in New Yorker report. CNBC (September 14, 2018)

Friday, May 15, 2020

Legal Mechanisms for Foreign Institutional - Free Essay Example

Sample details Pages: 10 Words: 3110 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Tags: India Essay Did you like this example? Abstract The paper seeks to lay down the existing legal mechanism for the foreign institutional ( portfolio ) investors in India and draws out its merit and demerit. I then seeks to draw outline to the current response of the Indian state both, legislature and judiciary to the foreign institutional investors. It then seeks to draw out the existing dichotomy between the income tax department and the government policies about the FPIs. Don’t waste time! Our writers will create an original "Legal Mechanisms for Foreign Institutional" essay for you Create order Introduction Foreign institutional investors have not been defined in the income tax. The term in economic sense means an investment that is made into a country without a permanent establishment. Whether or not the investor has a permanent establishment in India is an important factor to determine before giving them tax benefit. There can be many definitions of the same, one of the standard definition that is used is given in the Article 7 of the DTAA between India and UK. It defines that a person has a permanent establishment if he maintains a stock is goods or merchandise from where he actually delivers goods or merchandise for or on behalf of the enterprise.[1] Simply because one carries out a business in another country through a middle man does not mean that one has a PE in another country. One company has to exercise effective control on the portfolio company for it to be considered as their company. [2] The power to define and name an investor as FIIs has been given to t he Central Government under section 115 AD (3) (a). In 1995 Government of India listed 65 FIIs and they were treated to be foreign institutional investors (hereinafter referred to as FIIs).[3] The Foreign portfolio in investors (FPIs) registered with the SEBI are also be referred to as FIIs for the purpose of section 115 AD.[4] They have an advanced tax liability as per the provisions of Part C of Chapter XVII of the Income Tax Act 1961. They can claim Tax deduction at source (TDS) or avoid tax as per the DTAA. Section 115 AD elaborates what would constitute total income for a FII and it includes: (1) income received in respect of securities other than the income received from dividends. [5] Or units referred to in section 115 AB, i.e. income received in respect of units purchased in foreign currency or long term income arising from the transfer of foreign currency. (2) Income by the way of short term capital gain arising from the transfer of such securities. The amount of income ta x is to be calculated in the following manner: (1) For securities, it is to be calculated at the rate of 20 percent with an exception mentioned in section 194 LD. [6](2) For short term capital gain, it is to be calculated at 30 percent except for the income in section 111 A which is to be calculated at the rate of 15 percent[7]. (3) For long term capital gain , it is to be calculated at the rate of 10 percent[8] (4) the amount taxed had the income been reduced by the amount of income for which the FIIs are charged.[9] This difference in tax rate for the short term capital gain and long term capital gain exists as the latter contributes more to the economics of the state. No deduction are offered to the gross income of the FIIs in respect of securities under section 28 to 44C or in clause (i) and (iii) of section 57 or under section 57 or under Chapter VI-A.[10] the first and the second g provisos of section 47 relating to the computation of charges will not apply in case of a transf er of the aforesaid securities by the FIIs. Any capital gains arising from transfer of long-term capital asset which is either equity shares or units of equity oriented shares shall be exempt from income-tax[11]. This is subject to any transaction relating to the sale of securities on which the securities transaction tax (hereinafter referred as STT) is applicable.[12] As per new STT the short-term capital gains is taxable at the rate of 10%.[13]. It also envisages that neither deduction under Chapter VI can be claimed nor the rebate under section 88 be claimed. Thus after 2005 for short term transaction of securities 10% tax is charged either under section 111 A or 115 AD. Section 196 D elaborates that where an income in respect of securities referred to in section 115 is payable to a Foreign institutional investors, the person responsible for making the payment shall deduce income tax at the rate of 20 percent at the time of credit of such income to the account of the payee or at the time of the payment thereof in cash or y issue of a cheque or draft or any other mode. FIIs can enter into transactions relating to the securities or by entering in to derivate contracts. Derivative contracts are bilateral contracts which determine the content of obligation from a reference value. The performance of the contract is done in future. The reference value of the derivate contract can be anything starting from a real economy to any future event. In Indian the extent of these derivates contracts are regulated by SEBI and RBI and take place through a registered intermediary, like stock exchange board of India.[14] Thus this is a very important financial tool which is used by the FIIs to invest into a country. As the obligation is based on a reference value the fluctuates in a very short interval of time and thus the income is only generated In respect of the purchase and sale of the derivate and not on dividend as is the case with the securities. Section 10 (38) exempts any income that arise out of the transfer of long term capital asset being an equity share in a company or unit of an equity oriented fund and section 115 AD charges 10 percent tax from the long term capital gain arising out of the transfer of securities. This give rise to two peculiar questions. Firstly, whether the securities are held as stock in trade or as capital assets of the FIIs and Secondly, whether they would attract the provision of section 115 AD or Section 10(38), or 111 A. This a determinative factor as the investor has various rate benefits and rates under various heads. In the case of 115 AD the FIIs would be taxed at the statutory rate in 10(38), full tax exemption and in 111 A partial exemption. The first question is important because it uses the term capital asset and thus creating a doubt on whether such exemption is applicable to securities as capital asset only or does it extent to securities held as stock in trade. The legislative intent behind s ection 115 AD would through light on the purpose for which such specific section for FIIs was enacted. This was to encourage more and more foreign investors to invest in India, to fix the tax rate and to establish certainty regarding the tax rates and thus allowing the investors to assess all possible variables before designing their investment strategy in India. The purpose of section 115 AD is to provide for special concessional rate of taxation in relation to securities received from or arising from the income of FIIs. There was no particular reason why the income on account of trading in securities was excluded from the purview of section 115 AD. The fact that the transfer of securities gave rise to capital gains was dealt with clause (b) was not a valid reason to hold that the transfer of securities in the course of trading in them was outside the ambit of section 115 AD.[15] Even though it cannot be denied that the securities held by the FIIs are held in nature of Stock in trade and thus should come under the head of profit and gain from business and profession but is such proposition is accepted than the purpose for which a special section was in acted would be defeated. Also it is a general principal of law that specific provision (Section 115 AD) are considered over the general provisions ( 10 (38) and 111 A) Thus securities held by the FIIs have to be considered not as stock in trade but as capital asset for them to fall under the ambit of section 115 AD and both long term and short term capital gain by the FIIs will be taxed under section 115 AD. In India a lot of investment is done by the FIIs from the countries that India has signed a Double Tax Avoidance treaty (DTAA) with. Generally there is always clause which provides that such investors will pay tax only in the country where they have a permanent establishment. Thus the provisions of section 115 AD will not be applicable with such investors. In XYZ/ABC Equity Fund,[16], there was a holding company in Mauritius. Its main business was to hold securities and selling them at profit. The capital had been raised from obtaining money by acquiring large block of shares in Indian companies (portfolio companies). The investment strategy was through investment advisors who were acting as the nominee directors in this portfolio companies .Thus the assessing officer charged income tax on the profit and gain from business and profession. It was contended that the sales from the proceeds resulted in the business receipt and not capital gains. It was argued that the presence of the nominee director in the portfolio company made those portfolio companies the PE of the holding company in India. The question was whether the capital gain arising from the transfer of securities held in an Indian company (the portfolio company) be taxable in India? and whether the FII have a PE in India ? The court held that the presence of the nominee director did not make those portfolio compan ies as PE of the holding company in India. Hence not taxable under the head of business and gain and under Article 5 of DTAA (double tax avoidance agreement) of India Mauritius , the provision of section 115 AD and 10 (38) will not be attracted. The reason why DTAA is given preference over 115 AD or 10 (38) is because of section 90 (2), which says that the provisions shall apply to the extent they are more beneficial to the tax payer. Hence when a situation arise where the applicability of one of the two is in question. DTAA will prevail as it is more beneficial to the taxpayer. There is no provision in the Income tax Act which taxes the income generated in derivative contracts. Derivative has been recognized as a security under Securities Contract (Regulation)Act Now the same question arises whether the income from derivative contract is taxed under Income from business and profession or under capital asset. There are two views in this regards: First was given in the Morgan Stanley international limited [17] case where it was pointed that in order to determine this it is imperative to determine the extent of trade that is undergone with respect to the asset. At times it is important to determine the intension of the party to put them under of the income heads. The intension is determined from their action,. i.e. the substantial nature of their transactions and the quantum of purchase and sale. Thus there is no set rule of whether transaction in derivative contracts will be taxed under capital gain or profit from business and profession. It has to be determined on case to case basis Second view was taken recently in the case of Platinum Investment management A.c Platinum International Fund v DDIT [18]where the tribunal taxed the income from transaction of derivatives as capital gain. It scrutinized the SEBI regulations 1995 with section 115 AD and laid that in light of the Memorandum explaining the provisions of the Finance Bill, 1993, a FII is allowed to invest only in securities and thus the income from securities as to taxed only under section 115 AD. It said that as derivative has been made part of the securities and the marginal note of Chapter XII in which section 115 AD falls reads determination of tax in special cases. Thus a special provision overrides the general provision. I further went on state that speculative transaction, under section 43 (5) does not have an application to the FIIs in regards to the securities mentioned in section 115 AD. It said that the variable of the speculation and non speculation does not play any role and the income for al l the aforementioned reason. Both the views are important, they are not contradictory, one leaves it on the fact so each case, and other instills certainty in the regards to the taxation of the derivative contracts. The second view favors the investor more as it categorizes all transactions of FIIs securities as investment transactions and not as business transactions which allows them to invest more in India as they have to pay less tax. Further whenever there is a question in regards of the applicable law, DTAA will prevail and FIIs will not be taxed in respect to the Derivatives contracts but where there is no DTAA signed with the Country to which the FII belong then it will be taxed under section 115 AD. European financial transaction tax A lesson can be learned from the EU which has come up with an extensive policy regarding the taxation of Financial transaction. This tax was brought to ensure that the financial institutions make a fair contribution to covering the cost of the recent crisis an d to ensure a level playing field with other sectors from taxation point of view. Under this tax the insurance contracts, mortgage lending, consumer credit and primary market transactions are excluded. Also currency transactions on spot markets are outside the scope of FTT, which preserves the free movement of capital. The scope of this tax is wide enough to incorporate instruments which are negotiable on the capital market, money market instruments, units and share in collective investment undertaking (including UCITS and alternative investment funds) and derivate agreements. It covers the over the counter trade. It is not only limited to the transfer of ownership but rather represents the obligation entered into. The definitions of financial instruments is wide and includes investment firms, organized markets, credit institutions, insurance and reinsurance undertaking and their managers, pension funds and their managers, holding companies financial leasing companies, special purpo se entities, and where possible refers to the definitions provided by the relevant EU legislation adopted for regulatory purpose. [19] Additionally other persons carrying out certain financial activities on a significant basis are considered to be financial institutions. [20] The principal of taxation in this residential principal, in order for the financial transaction to be taxable in the EU, one of the parties to the transaction needs to be established in the territory of the member state. Moment of chargeability is defined as the moment when the transaction occurs.[21] FTT is payable by each financial transaction institutions which fulfill any of the following conditions: It is a party to the transaction, acting either for its own account or for the account of another person It is acting in the mane of the party to the transaction The transaction has been carried out on its account. When one FI act s on the behalf of the account of another FI only that other financial institutions shall e liable to pay FTT. In case the transaction is carried out by electronic means the tax is due immediately at the time of chargeability.[22] Thus now when India looks at reforming it tax policies it is imperative that he lessons are drawn for the EU which ensures that tax is levied on the investors but the investors but they are not overburdened. There is some line that has to be drawn and it should be visible so that there is certainty in the market and the investors can access the market and its regulatory framework before they are investing into a country. In the globalized world today the importance of the FPIs cannot be undermined and if they decide to invest in India , it is symbiotic relationship that both share and till it can remain that not turn parasitic from either side, a healthy marker will flourish. The regulatory mechanism in our country screens a lot of investment strategy and the tax regime make is even worse. The tax regime as w e have understood does provide with incentive to the FIIs but there has always been confusion on what head they would taxed. That fosters uncertainty in the minds of the investors. Recently due to the change in government there was a lot a hope that India will be opening itself to the foreign investment and the unfriendly ground created by the Vodafone case will be cleared but the tax department has recently issued a notice to the portfolio companies that a minimum alternative tax shall be levied on them. Minimum alternative tax (MAT )is a tax that was levied on the companies and the firms who were earning a lot of profit but due to the various deductions and incentive were not paying proportionate tax. It is charges to some fixed rate on the books of account and it varies from companies to LLPs. The FPIs will be charges at the rate fo 20 % on ling term capital gain. India is one of the few countries in the world that levies tax on the non residents. This additional tax on the long term capital gain will disinterest the investors from investing into India.[23] FPIs before this notice pay zero tax for long capital gains but now it will change to 20 %, such an addition will surely hamper the already deteriorating investment attractiveness of India. As per the reports FPIs have been net buyers of 84, 988. 54 Crore in Indian equity market.[24] This projects the existing dichotomy within the government itself and reminds us that there is dire need to reform the tax system in India especially with respect to the FPIs. A [1] Article 7 [2] Morgan Stanley Co International Limited, 272 ITR 416. [3] Notification No. SO 282 (E)/ 31-3-95.Available at : // https://www.incometaxindia.gov.in/Pages/communications/notifications.aspx [4] Notification No: SO 199(E) / 22-1-2014. Available At : https://www.incometaxindia.gov.in/communications/notification/920110000000000014.pdf [5] Section 115 (O), Income tax Act, 1961. [6] Section 115AD (i) [7] Section 115AD(ii) [8] Section 115 AD (iii) [9] Section 115AD (iv) [10] Section 115 AD (2) (b) [11] Section 10 (38), Finance (No. 2) Act, 2004. [12] Chapter VII, Finance (No. 2) Act, 2004. [13] Section 111A, Finance (No. 2) Act, 2004. [14] Section 2(a) (a ), Securities contract Regulation Act, 1956. [15] Royal Bank of Cannada, IN re, (2010) 323 ITR 380 (AAR). [16] XYZ/ABC Equity Fund, (2001) 250 ITR 194 [17] Morgan Stanley Co. International Limited, (272 ITR 416). [18] Platinum Investment management A.C Platinum Int ernational Fund v DDIT ( ITA No 3598/ Mum / 2010 ). [19] Thornton Matheson, Taxing financial transactions: issues and evidence, 2011 IMF Working paer WP /11/54 . [20] Article 2(7), FTT [21] Article 4, FTT. [22] Article 10, FTT. [23] Bijal Ajinkya, partner Khaitan and Company, Business standard. ( 17 September 2014). Available At : https://www.business-standard.com/article/markets/fresh-tax-fears-loom-for-foreign-investors-114091601057_1.html [24] Business standard ( 17th September ) Available At : https://www.business-standard.com/article/markets/fresh-tax-fears-loom-for-foreign-investors-114091601057_1.html.

Wednesday, May 6, 2020

Kurt Vonnegut s Slaughterhouse Five - 902 Words

I. Introduction A. Hook 1. PTSD, or post-traumatic stress disorder, is an anxiety disorder that develops in some after they experience extremely traumatic events, such as combat. Those with PTSD may relive the event via intrusive memories, flashbacks and nightmares; they would do anything to avoid memories of trauma, including inventing an alternate planet. 2. Billy, the main character in Kurt Vonnegut’s novel Slaughterhouse-Five, experienced firsthand the trauma of war during the firebombing of Dresden. After this event, Billy created Tramfaladore, the planet where time does not exist. B. Summary 1. In Kurt Vonnegut s novel, Slaughterhouse-Five, he waves a story of destruction, war, mental health, and time travel to demonstrate the†¦show more content†¦There were sounds like giant footsteps above.† (Vonnegut 177) b. â€Å"A guard would go to the head of the stairs every so often to see what it was like outside, then he would come down and whisper to the other guars. There was a firestorm out there. Dresden was one big flame. The one flame ate everything organic, everything that would burn.† (Vonnegut 177). c. Events that are more emotionally difficult are focused on less; instead of time travelling to the bombing, Billy remembers it (Harris). This makes the traumatic event less immediate, allowing for distance between the horrors of war and the present. 3. Non-linear fashion of SHV a. No specific climax or chronological order: events do not follow the traditional ‘linear’ fashion of novel. 1. Time is not a linear progression of events, but a constant condition: â€Å"All moments, past, present, and future, all have existed and always will.† → Tralfamadorian principle 2. The Tralfamadorians provide Billy with the concept of nonlinear time, which becomes the foundation for a mode of living (Vanderwerken). 3. â€Å"I am a Tralfamadorian, seeing all time as you might see a stretch of the Rocky Mountains. All time is all time. It does not change. It does not lend itself to warnings or explanations. It simply is. Take it moment by moment, and you will find that we are all, as I’ve said before, bugs in amber.† (Vonnegut 86) b. Events are seemingly randomized: the reader can interpret

Loss of Innocence in A Long Way Gone Memoirs of a Boy...

A prominent theme in A Long Way Gone is about the loss of innocence from the involvement in the war. A Long Way Gone is the memoir of a young boy, Ishmael Beah, wanders in Sierra Leone who struggles for survival. Hoping to survive, he ended up raiding villages from the rebels and killing everyone. One theme in A long Way Gone is that war give innocent people the lust for revenge, destroys childhood and war became part of their daily life. In the A Long Way Gone, Ishmael Beah, a twelve-year-old explains how he used to go on a swim with his friends and his love for rap music and hip-hop dance. When Ishmael and his friends went to visit Mattru Jong, they visited Ishmaels grandparents in Kabati. While staying at the Mattru Jong, they†¦show more content†¦Then, the boys were caught by a group of guarding villagers and they were sent to the chief of the village. When the chief is decides to drown the boys, the rap tape in Ishmaels pocket leads them to discover that they arent a th reat and only innocent boys. The boys stayed in Kamator for one month until it was finally attacked. Ishmael and his brother were seperated and never seen him again even his friends. Surviving alone in the forest for a month, Ishmael was able to find the exit of the forest and joins a group other boys. When the boys reach seashore, they were caught by fishermen. The fishermen gave the boys shoes because of their severe burn feet on the hot sand. After two weeks, the villagers caught the boys and when the chief saw Ishmaels rap cassette, they allows them to leave. When they are travelling to the next village, Saidu became sick and quiet. When they boys arrived, A woman was able to tell Ishmael about his family in the next village. The next day, Saidu died at night and he was givena funeral arrangements and Ishmael and the other boys became sad because of their friends sudden death. After Saidus death, they head to the next village looking forward seeing their families. They came acro ss Gasemu and walk with him, but when they reached the village, the rebels were already attacking and the boys were hiding. Then, the rebels were able to hear them and Gasemu and the boys began to run while theShow MoreRelatedA Long Way Gone : Memoirs Of A Boy Solider1244 Words   |  5 Pages A Long Way Gone: Memoirs of A Boy Solider is a biography of a young man, Ishmael Beah, during his years of growing up as a child of war in Sierra Leone, Africa. The story begins in January of 1993 in his hometown village Mogbwemo. Beah who is twelve at the time is a part of hip-hop dance and music group with his brother Junior, and friend Talloi. The boys leave their village one day to the neighboring city to perform in their friend’s talent show. While the rap group is away, rebels attack theirRead MoreA Long Way Gone Argument Essay examples990 Words   |  4 PagesEddie Salcedo Mr. Stone December 5, 2012 7th period A Long Way Until The End of This Essay The author of A Long Way Gone argues against boy soldiers but also against the loss of innocence. Beah’s parents are burned alive by the rebels; this is the first step towards his animosity towards them. In his story he talks about snorting brown brown, shooting men and how he was slowly corrupted by the men around him, turning him into a machine. It tells the story of a world as horrendous as anyRead MoreA Long Way Gone By Ishmael Beah2157 Words   |  9 PagesA Long Way Gone by Ishmael Beah, published by Sarah Crichton Books in New York in 2007, tells the haunting story of Ishmael Beah, a child soldier during the Sierra Leone Civil War. The book begins in January of 1993 in Ishmael’s small village called Mogbwemo, located near Mattru Jong, Sierra Leone. A Long Way Gone addresses a plethora of geographical issues such as refugees and population movements, child exploitation, and most of all: war. Each of these issues directly affects Ishmael, the autobiographerRead MoreThe Recruitment and Use of Child Soldiers2124 Words   |  8 Pagesall else as the rebel forces engaged the army. Sprinting, standing, crouching, or lying down, the soldiers focused solely on one thing: killing their enemies. With an assortment of weapons and under the influence of drugs, they carried out their jobs with ruthless efficiency. They spared no one because each side believ ed the other to be monsters. Kill after kill with blood on their hands, the soldiers fought on, driven by their desire for revenge and justice. To them, they were doing their countryRead MoreAnalysis Of The Poem Beowulf 3700 Words   |  15 Pagesone’s status in the ancient culture of Beowulf. The only way to prove oneself as a warrior was in battle and by violent, heroic deeds. 2. As a classic of English literature, the poem presents a basic theme: good vs. evil. Explain how the poem presents this theme. Compare it to other works which share a similar theme. You may use all forms of media as support. Why do you think this theme has been and continues to be so popular? In many ways, Beowulf follows the pattern of the simplest kind of epicRead MoreFarewell to Manzanar Novell Analysis Essay3943 Words   |  16 Pagesof Farewell to Manzanar 1)Title-Farewell to Manzanar, published in 1973, was written by Jeanne Wakatsuki Houston and James D. Houston. It is a classic memoir of the life and struggles of a young Japanese internee and her family at Manzanar during World War Two. The title, Farewell to Manzanar, automatically sets a theme of grief, sadness, and loss. The significance of the title throughout the book, is that Jeanne is forced to say farewell to her father, friends, and previous lifestyle atone pointRead MoreOrganisational Theory230255 Words   |  922 Pagesvaluable. Peter Holdt Christensen, Associate Professor, Copenhagen Business School, Denmark McAuley et al.’s book is thought-provoking, witty and highly relevant for understanding contemporary organizational dilemmas. The book engages in an imaginative way with a wealth of organi zational concepts and theories as well as provides insightful examples from the practical world of organizations. The authors’ sound scholarship and transparent style of writing set the book apart, making it an ingenious read

Role of Methodology in Project Management †MyAssignmenthelp.com

Question: Discuss about the Role of Methodology in Project Management. Answer: Project Management Methodology Project Management methodology is a model or concept or approach which is being adopted by team members of the project irrespective of type, size and objective of the project(TutorialsPoint, 2017). It has a set of pre-defined steps or sequences of executing the project, which are required to be followed by the project manager for the proper success of the project and prevent it from any delay in time, cost overrun, additional resource requirements along with proper quality standards. Role of Methodology in Project Management Project management is a schedule of activities which are required to be followed for properly managing the project without affecting any of the three projects constraints. The methodology is analytically proven with full success rate(McConnell, 2010). It must be strictly followed by all the project managers to get a sure success in project management. It helps in taking proper and quick decisions by the project managers. The methodology helps in quick realization of the self-responsibilities by the team members. It provides a common understanding among the team and helps in managing the roles of senior management and creating effective governance and so the decisions(Naybour, 2016). Different Methodologies available There are various different approaches by which the project can be managed. So the project manager first needs to know all the methodologies for making the perfect choice among many. The different types of project management methodologies are: PRINCE2: according to this methodology, the members of board takes lead in project in place of the project manager, governance is given the higher priority for effective execution and controlling of the project(Wrike, 2017). The project manager acts as daily site coordinator. SDLC: is the traditional methodology of executing any project Waterfall: in this method the activities and the stages within the project are linked with finish to start relationship, so successor cannot start unless the predecessor activity or stage has completed fully. Agile: it depends on the people centric comments or the type of projects like IT or marketing Scrum: in this methodology the project management teams always keeps on targeting the hurdles present in the project and acts for removing them only to facilitate the smooth execution of the project PRiSM: is the approach of reducing the environmental footprint while executing the project activities Lean: according to this approach, the whole project team acts towards the common aim of reducing the number of resource utilization But it is the sole responsibility of the project team and manager to decide which approach is required to be adopted for the right type of the project, because all methodologies do not suit all projects. Two Methodologies To compare between the two methodologies, let us select the two famous methodologies Agile and Waterfall for the discussion: Agile Waterfall Advantage: for people related project which is always capable of going under changes(Palmquist, Lapham, Miller, Chick, Ozkaya, 2013) Advantage: for the projects where the resources and the cost is limited and need to be tracked throughout the project phase Disadvantage: generally there are chances of getting cost overrun for the project Disadvantage: cannot be applied for the project where the scope is not fixed since beginning Useful for: the project like IT and marketing, which requires many comments from different stakeholders to develop the final outcome Useful: for the projects where scope is rigid and confirmed from the beginning stage itself Similarity: both the approaches are derived from the same goal of achieving the quality product within the given time and cost. Both usages the same steps within the stages. Both has defined time frame to complete the stages or the project. Both the methodologies uses the approach of finalizing the scope at the very first stage of the project by conducting multiple levels of reviews. Methodologies and Project Life Cycle (PLC) The basic stages involved in the project life cycle are the initiation, planning, execution and closing and all these stages are well defined in the respective methodologies. The Agile methodology tells about organizing the high level meetings from the start and the end of each stages or steps to reorganize the requirement and plan the future execution stages for proper closing. The stakeholder management by fulfilling all the required expectations is the important stage in the project management which is being taken care in Agile and Waterfall models by arranging regular multilevel review meetings. So after all the study it can be concluded that the PLC must be executed according to any of the suitable methodology and its strictly defined steps. References McConnell, E. (2010, July 22). Project Management Methodology: Definition, Types, Examples. Retrieved August 30, 2017, from MyManagementGuide.com: https://www.mymanagementguide.com/basics/project-methodology-definition/ Naybour, P. (2016, May 24). The benefits of following a project management method. Retrieved August 30, 2017, from www.apm.org.uk: https://www.apm.org.uk/blog/the-benefits-of-following-a-project-management-method/ Palmquist, M. S., Lapham, M. A., Miller, S., Chick, T., Ozkaya, I. (2013). Parallel Worlds: Agile and Waterfall Differences and Similarities. Massachusetts: Carnegie Mellon University. TutorialsPoint. (2017). Project Management Methodologies. Retrieved August 30, 2017, from www.tutorialspoint.com: https://www.tutorialspoint.com/management_concepts/project_management_methodologies.htm Wrike. (2017). Retrieved from II. Choose Your Project Management Methodology: https://www.wrike.com/project-management-guide/methodologies/

Tuesday, May 5, 2020

Putin Tightens Grip on Legal System

Question: Discuss about the Putin Tightens Grip on Legal System. Answer: Introduction: The report is all about the closing Case of Putins Russia. This case is all about the Russian economy, Vladimir Putins political power in Russia, and how Western business started to invest in Russia. After the wreck of the Soviet Union and the ruble crash there was an economic growth of Russia which is considered to be the best till date. The era between 2001 2013 witnessed the progressive trend in oil and natural gas which benefitted Russias economy to boost up as this nation mostly depends on its oil natural gas resources (Durkalec Kroenig, 2016). In 2001 the nations President Aliyev authorized the privatization of nearly a hundred of state owned entities belonging to the fuel and energy sectors like the oil and natural gas sector along with machine building of the chemical sectors. The economy of Russia ran into trouble in 2014 due to Russias oil and natural gas prices fell out. The prices of the fuel got slacked as there was an increase in the supply of oil and natural gas globally by United States. The Russian ruble lost its value by half percent against USA, the countries of European Union and the weakening of the ruble (Dawisha, 2015). Starting his career as an officer in KGB Foreign intelligence, Putin dedicated 16 years of service before being the Lieutenant Colonel and joining the politics in 1991.After moving to Moscow he joined the administration of President Boris Yeltsin soon after he became the acting President in the year 1999. He won the presidential elections of 2000 by a major margin and again got reelected as the President in 2004 (Jonson, 2015). Russia witnessed a boom in the commodities and oil prices. Putin was unable to contest the election for the third consecutive time in accordance to the constitutional limits. Putin was then appointed as tandemocracy by then President Dmitry Medvedev in 2008 (The Economist, Februar, 2014). It was in 2012 March when the presidential tenure was extended to six years and Putin again contested in the elections and won with around 65% (Jonson, 2015). Putin became the leader who was internationally recognized as one of the most powerful leaders globally along with hi gh ratings of domestic approval (Sutela, 2013). Putin has been controlling Russia with extreme power. But with the recession that has hit Russia in 2015 has left Russia to stagnant and decline. Russia is the result of Putins leadership and had proved to grow under his leadership (Rutland, 2014). Along with certain poor decision made in military and economy such as invasion and annexation of Crimea and lower the fuel export price Putin seems to be strong but inefficient in controlling the fall of Russia into the abyss. Being mostly depended on its fuel resources Russia needs to find out ways to export its oil and natural gas and counteract the major share of exports globally by US to Iraq. The nation needs to alter the threat of natural gas reserves into the strongest opportunity. The manufacturing of more number of military and defense ships ,tanks, aircrafts and others transportation modes will boost Russias economy (Dawisha, 2015). The Shock Therapy by Yelstin in 1991 regarding privatization of the state owned enterprises gave encouragement and opportunities for the foreign countries to invest in Russia. This was an era in which the foreign investors looked for opportunities. However, the condition for foreign investments does not seem favorable. The companies which had been functioning in Russia for years find it difficult to withdraw and are forced to accept losses that are partial in nature or subsequently lowered their activity levels. The investors however, see a long term profit in the natural gas reserves and there is a decline in the natural oil and gas resource (Durkalec Kroenig, 2016). Thus, those investors are choosing not to withdraw from Russia. Moreover Russia has applied the lessons from the post communism disrupted structures of economy to get some relief. The education sector appears promising from investment point of view as the quality of education is very high and establishment of producti on facilities would be effectively implemented. In spite of the fall in the economy by 4% there is a considerable growth in the food and agricultural industry. The devaluation and restraint on the European food made way for the macroeconomic alterations in this sector. The Russian government continuously expresses enthusiasm in drawing foreign investments. Foreign investors need to look for opportunities and growth carefully (Dawisha, 2015). The foreign investors who are seeking to gain or increase ownership beyond a particular verge needs to get governmental approval from a commission headed by the Prime minister of Russia.129 among 137 foreign investments have already been approved which denotes scope for foreign investments in Russia even in present scenario. Conclusion This report finds out answer to some facts like how Russian economy underperformed in 2014, the political power of Vladimir Putins in Russia, and how Western business started to invest in Russia. References Durkalec, J., Kroenig, M. (2016). NATO's Nuclear Deterrence: Closing Credibility Gaps.The Polish Quarterly of International Affairs,25(1), 37. Dawisha, K. (2015).Putin's kleptocracy: who owns Russia?. Simon and Schuster. Jonson, L. (2015).Art and protest in Putin's Russia(Vol. 61). Routledge. Rutland, P. (2014). The Pussy Riot affair: gender and national identity in Putin's Russia.Nationalities Papers,42(4), 575-582. Sources: Putins Russia: Sochi or Bust, The Economist, February 1, 2014? Russia Economy: The S Word, The Economist, November 9, 2013? Freedom House, Freedom in the World 2014: Russia, www.freedomhouse.org/report/freedomworld/2014/? K. Hille, Putin Tightens Grip on Legal System, Financial Times, November 27, 2013. Sutela, P. (2013).The political economy of Putins Russia. Routledge.