Finance Dissertation Example | Topics and Well Written Essays - 12000 words

Finance - Dissertation Example These sorts of scandals caused several studies in which scholars and financial analyst tried to identify the content of information that the directors usually possess through which the directors were able to generate higher profits in the stock market. This paper clarifies whether directors outperform their business markets whenever they trade, when they buy, or when they sell. The research paper also establishes the characteristics in transaction level, the firm level, or the director-level, which determine the directors’ trade profitability. Based on the same, hardly any existing studies provide adequate empirical evidence of percentage gain by directors generated by directors in their process of purchasing or selling company shares. The paper also provides that directors are better selling off shares, through insider trading, rather than purchasing them at comparatively lower prices. For testing, data was extracted from the New York Stock and NASDAQ of fifty randomly select ed companies. The insider trading information of these companies for the financial period January 1, 2009 until June 30, 2012 was analyzed. The testing has proved the hypothesis that directors are able to generate abnormal profit through the insider trading sale transactions. 1.0 Introduction In the world of economics and finance, when it comes to financial malpractices, insider trading tops the list. Insider trading is one of the most notorious financial crimes being practiced by managers, directors and other employees all around the globe. An individual who has direct and reliable access to the non-public information about the security can define insider trading as the buying and selling of a security. Insider trading is not always considered as a malpractice or illegal and is subjective to the underlying intention to the transaction. The statement can be further elaborated by considering the fact that if the trader is reaping profits on the basis of such information which is not being public yet, then the insider trading transaction is illegal. In addition, insider trading does not always mean that buying and selling of security is taking place. Providing confidential information to a third party, in exchange of monetary or any other form of consideration, is also illegal. The practice of insider trading is not confined to Directors of any corporation but the practice also prevails among brokers and even the family members of the directors. Although, once the information is public, the inside transaction is not illegal as the parties involved does not derive any unfair advantage over the general public. Media has made the masses at general knowledgeable with the passage of time and they have also equipped themselves with the technicalities of insider trading especially after the cases of Enron and Martha Stewart. The Securities and Exchange Commission of USA has adopted the practice of enforcing strict and practical guidelines which distinguishes legal and illegal trading of the shares by the inside people. Insider trading is not a recent or a latest money making gimmick which has been exploited by the directors and managers to earn higher return. The history of insider trading dates back to the great depression as well. The securities and exchange commission of the United State

Incident Handling on Cloud Computing

Incident Handling on Cloud Computing Introduction Cloud Computing Cloud computing provides people the way to share distributed resources and services that belong to different organizations or sites.As cloud computing allocate the divided possessions by means of the systems in the released surroundings. Thats why it creates the safety issues for us to expand the cloud computing application. Cloud computing is explained by NIST as the representation for allow suitable, on demand arrangements for right to entry to a collective pool of settings the calculative Possessions. All these like networks, servers, storage, application and services is continuously planned and free with less supervisory activities or cloud supplier communication. Cloud computing is taken as a innovative calculating concept up to now. It permitted the use of calculating communication with more than one stage of thoughts. The spot requirement of these services is offered online at fewer prices. Reason is that the insinuation for the high elasticity and accessibility. Cloud computing is the main topic which will be getting the good manner of concentration recently. Cloud computing services gives advantages from financial systems of all range accomplished. With this the flexible utilization of possessions, occupation and others work competency. However, cloud computing is an emerging forming of distributed computing that is still in its infancy. The concept uses of its own all the levels of explanations and analysis. Most of the concepts has been written regarding cloud computing, its explanation. Its main aim is to search the major paradigm of the utilization and given that common classification for Concepts and significant details of the services. A public cloud is the major one which has the communication and other calculative possessions. This consists of making obtainable to the common people online. This is known by all the cloud servicer who is doing the marketing. Its by giving explanation of the outsider industries. On the other hand of the range is the confidential cloud. The confidential cloud is the one in which the calculating surroundings is generated completely for the industry. This can handled by industry or by the third party. This can be hosted under the industries information centre which is within or outside of it. The private cloud provides the industry a good control on the communication and calculative sources as compared to public cloud. There is other operational models which lies between the private and public cloud. These are community cloud and hybrid cloud. The community cloud is mainly related to private cloud. On the other hand the communication and calculative sources will be mutual by various industries that are having a similar confidentiality and regulatory thoughts. Instead they are exclusively checking the one industry. The hybrid cloud is mainly the blend of two or more than two clouds i.e. (private, community, or public) this Become the uncommon bodies which are stringed to each other by harmonized or proprietary technology which allows interoperability. Same as the various operational models which impacts to the industrial range and organized surroundings. Thats why this model gives assistance to the cloud which impacts it. Three well-known and frequently-used service models are the following: Software-as-a-Service. Software-as-a-Service (SaaS) is an on demand software services in which user gets access to the required software thorough some intermediate client like browser using internet. Software platform and relevant files are stored centrally. It drastically reduces the total cost of software for the user as it does not require user to incur any infrastructure cost which include hardware installation cost, maintenance cost and operating cost. Subscribers of these services are only given limited control related to the desired software including any preference selection and administrative setting. They do not have any control over the underlying cloud infrastructure. Platform-as-a-Service. Platform-as-a-Service (PaaS) is an on demand platform delivery model. In this user is provided with the complete software platform which is used by the subscriber to develop and deploy software. It also result in considerable saving for the subscriber as he does not have to incur costs related to buying and managing of complicated hardware and software components required to support the software development platform. The special purpose development environment is tailored to the specific needs of the subscriber by the cloud service provider. Good enough controls are given to the subscriber to aid in smooth development of software. Infrastructure-as-a-Service. Infrastructure-as-a-Service (IaaS) is an on demand infrastructure delivery services. In this host of computing servers, softwares, and network equipments are provided. This infrastructure is used to establish platform to develop and execute software. Subscriber can cut down his cost to bare minimum by avoiding any purchase of hardware and software components. Subscribers is given quite a lot of flexibility to choose various infrastructural components as per the requirements. Cloud subscriber controls the maximum security features. Figure illustrates the differences in scope and control between the cloud subscriber and cloud provider. Given central diagram shows the five conceptual layers of a cloud environment which apply to public clouds and other deployments models The arrows at the left and right of the diagram denote the approximate range of the cloud providers and users scope and control over the cloud environment for each service model. Cloud subscribers extent of control over the system is determined by the level of support provided by the cloud provider. Higher the support by cloud provider lower is the scope and control of the subscriber. Physical elements of cloud environment are shown by two lower layers of the diagram. These physical elements are completely controlled by cloud provider irrespective of the service model. The facility layer which is the lowest layer comprises of Heating, ventilation, air conditioning (HVAC), power, communications, and other aspects of the physical plant whereas hardware layers comprises of network , storage and other physical computing infrastructure elements The logical elements of a cloud environment is denoted by other layers The virtualized infrastructure layer lead to software components, such as hypervisors, virtual machines, virtual data storage, and supporting middleware elements required to setup a capable infrastructure to establish efficient computing platform While virtual machine technology is commonly used at this layer, other means of providing the necessary software abstractions are not precluded. Similarly, the platform architecture layer entails compilers, libraries, utilities, and other software tools and development environments needed to implement applications. The application layer represents deployed software applications targeted towards end-user software clients or other programs, and made available via the cloud. Iaas ans Paas as services are very close and difference between them is quite vague. Basically these are distinguished by the kind of support environment, level of support and control allocation between cloud subscriber and cloud provider. Main thrust of cloud computing is not only limited to single organization but also extends as a vehicle for outsourcing various components as public cloud. been to provide a vehicle for outsourcing parts of that environment to an outside party as a public cloud. Through any outsource of information technology services, relates survived in relation to any connotation for system safety and isolation. The main issue centres on the risks associated with moving important applications or data from within the confines of the Industries calculating centre which is of different other company (i.e. a public cloud). That is easily available to the normal people Decreasing prise and increasing proficiency is the main concerns. These two are the chief inspirations for stepping towards the public cloud. On the other hand deceasing accountability for the safety should not depend on it. Finally the industry is responsible for all safety issues of the outsourced services. Observing and addressing the safety problems which go increase will be at the sight of industry. Some of the major issue like performances and accessibility. Because cloud computing brings with it new security challenges, it is essential for an organization to oversee and Administer in which manner the cloud servicer handles and prevent the computing environment and provides guarantee of safety. Incidents an event is any observable occurrence in a system or network. Events include a user connecting to a file, a server receiving a request for a Web page, a user sending electronic mail, and a firewall blocking a connection attempt. Unfavorable occasion are the one which has unhelpful results. For instance: crashes, network packet floods and unauthorized utilization. of system privileges, unauthorized access to sensitive data, and execution of malicious code that destroys data. A system safety occasion is actually a contravention or forthcoming danger of breach of system safety strategy, suitable utilization policies and modeled safety policies. The terminology for these incidents is helpful to the small business owner for understanding service and product offerings Denial of Service- An attacker directs hundreds of external compromised workstations to send as many ping requests as possible to a business network, swamping the system. Malicious Code- A worm is able to quickly infect several hundred workstations within an organization by taking advantage of a vulnerability that is present in many of the companys unpatched computers. Unauthorized Access- An attacker runs a piece of â€Å"evil† software to gain access to a servers password file. The attacker then obtains unauthorized administrator-level access to a system and the sensitive data it contains, either stealing the data for future use or blackmailing the firm for its return. Inappropriate Usage- An employee provides illegal copies of software to others through peer-to-peer file sharing services, accesses pornographic or hate-based websites or threatens another person through email. Incident Handling: Incident handling can be divided into six phases: preparation, identification, containment, eradication, recovery, and follow-up. Step 1: Preparation: In the heat of the moment, when an incident has been discovered, decision-making may be haphazard. Software-as-a-Service (SaaS) is an on demand software services in which user gets access to the required software thorough some intermediate client like browser using internet. Software platform and relevant files are stored centrally. It drastically reduces the total cost of software for the user as it does not require user to incur any infrastructure cost which include hardware installation cost, maintenance cost and operating cost. Subscribers of these services are only given limited control related to the desired software including any preference selection and administrative setting. They do not have any control over the underlying cloud infrastructure. Platform-as-a-Service. Platform-as-a-Service (PaaS) is an on demand platform delivery model. In this user is provided with the complete software platform which is used by the subscriber to develop and deploy software. It also result in considerable saving for the subscriber as he does not have to incur costs related to buying and managing of complicated hardware and software components required to support the software development platform. The special purpose development environment is tailored to the specific needs of the subscriber by the cloud service provider. Good enough controls are given to the subscriber to aid in smooth development of software. Infrastructure-as-a-Service. Infrastructure-as-a-Service (IaaS) is an on demand infrastructure delivery services. In this host of computing servers, softwares, and network equipments are provided. This infrastructure is used to establish platform to develop and execute software. Subscriber can cut down his cost to bare minimum by avoiding any purchase of hardware and software components. Subscribers is given quite a lot of flexibility to choose various infrastructural components as per the requirements. Cloud subscriber controls the maximum security features. Figure illustrates the differences in scope and control between the cloud subscriber and cloud provider. Given central diagram shows the five conceptual layers of a cloud environment which apply to public clouds and other deployments models The arrows at the left and right of the diagram denote the approximate range of the cloud providers and users scope and control over the cloud environment for each service model. Cloud subscribers extent of control over the system is determined by the level of support provided by the cloud provider. Higher the support by cloud provider lower is the scope and control of the subscriber. Physical elements of cloud environment are shown by two lower layers of the diagram. These physical elements are completely controlled by cloud provider irrespective of the service model. The facility layer which is the lowest layer comprises of Heating, ventilation, air conditioning (HVAC), power, communications, and other aspects of the physical plant whereas hardware layers comprises of network , storage and other physical computing infrastructure elements The logical elements of a cloud environment is denoted by other layers The virtualized infrastructure layer lead to software components, such as hypervisors, virtual machines, virtual data storage, and supporting middleware elements required to setup a capable infrastructure to establish efficient computing platform While virtual machine technology is commonly used at this layer, other means of providing the necessary software abstractions are not precluded. Similarly, the platform architecture layer entails compilers, libraries, utilities, and other software tools and development environments needed to implement applications. The application layer represents deployed software applications targeted towards end-user software clients or other programs, and made available via the cloud. Iaas ans Paas as services are very close and difference between them is quite vague. Basically these are distinguished by the kind of support environment, level of support and control allocation between cloud subscriber and cloud provider. Main thrust of cloud computing is not only limited to single organization but also extends as a vehicle for outsourcing various components as public cloud. Delete the reason of the event. Position the latest clean back up (to prepare for the computer mending) Step 5: Recovery: This phase ensures that the system is returned to a fully operational status. The following steps should be taken in the recovery phase: Restore the system. Authenticate the machine The machine will be re-established then there should be the process of verification of the operations. After this the machine should be reverse to its normal behaviour. Organisation can take decision on leaving the monitor offline when the system is operating and patches installation. Watch the computer. When the monitor is reverse to online, it start the system for backdoors which avoids findings. Step 6: Follow-Up: This stage is significant for recognizing the message delivered and it will reduce the future happenings. Build the explained event report and gives the duplicates to the management. The operating units IT security Officer and the Department of Commerces IT Security Program Manager. Provide the optional alteration to the management. Execute the accepted activities. Post-Incident If the organization has a post-incident lessons learned process, they may want the cloud vendor to be involved in this process. What agreements will the organization need with the cloud provider for the lessons learned process? If the cloud provider has a lessons learned process, does management have concerns regarding information reported or shared relating to the organization? The cloud vendor will not be able to see much of the companys processes, capabilities or maturity. The company may have concerns regarding how much of its internal foibles to share. If there are concerns, get agreement internally first, then negotiate them, if possible, and have them written into the contract. If the vendor will not or cannot meet the customers process requirements, what steps will the organization need to take? An IH team collects and analyzes incident process metrics for trend and process improvement purposes. Like any other organization, the cloud provider will be collecting objective and subjective information regarding IH processes. As NIST points out, the useof this data is for a variety of purposes, including justifying additional funding of the incident response team. Will the organization need this IH process metric data from the provider to enable a complete understanding of the integration area in case the organization ever has a need to bring the cloud function back in-house? Will the organization need this data for reporting and process improvement in general? The use of this data is also for understanding trends related to attacks targeting the organization. Would the lack of this attack trend data leave the organization unacceptably exposed to risk? Determine what IH process metric data is required by the team and write it into the contract. The organization will need to decide if they require provisions with the cloud provider regarding their evidence retention policies. Will the vendor keep the evidence long enough to meet the organizations requirements? If not, will the organization need to bring the cloud vendors evidence in-house? Will the vendor allow the customer to take custody of the evidence? If the vendor retains the evidence longer than the customer policies dictate does this work create risk for the customer? If so, what recourse does the customer have? Legal counsel will need to provide direction in this area in order to ensure compliance with laws for all jurisdictions. Background: Cloud computing has built on industry developments dating from the 1980s by leveraging outsourced infrastructure services, hosted applications and software as a service (Owens, 2010). In the all parts, the techniques used are not original. Yet, in aggregate, it is something very different. The differences provide both benefits and problems for the organization integrating with the cloud. The addition of elasticity and pay-as-you-go to this collection of technologies makes cloud computing compelling to CIOs in companies of all sizes. Cloud integration presents unique challenges to incident handlers as well as to those responsible for preparing and negotiating the contract for cloud services. The challenges are further complicated when there is a prevailing perception that the cloud integration is â€Å"inside the security Edge or the organisation has been stated in written that a agreement needed the supplier to be safe, this must be sufficient. This sort of thinking may be naà ¯ve but, unfortunately, it is not rare. The cloud provider may have a great deal of built in security or they may not. Whether they do or not, incident handling (IH) teams will eventually face incidents related to the integration, necessitating planning for handling incidents in this new environment. The impacts of cloud integration warrant a careful analysis by an organization before implementation. An introduction of a disruptive technology such as cloud computing can make both definition and documentation of services, policies, and procedures unclear in a given environment. The IH team may find that it is helpful to go through the same process that the team initially followed when establishing their IH capability. Security Incident The term security incident used in this guideline refers to any incident related to information security. It refers to information leakage that will be undesirable to the interests of the Government or an adverse event in an information system and/or network that poses a threat to computer or network security in respect of availability, integrity and confidentiality. On the other hand, the worse incidents like natural calamity, power cuts and data line failure. . are not within the scope of this guideline, and should be addressed by the system maintenance and disaster recovery plan. Examples of security incidents include: unauthorized access, unauthorized utilization of services, denial of resources, disruption of services, compromise of protected data / program / network system privileges, leaks of classified data in electronic form, malicious destruction or modification of data / information, penetration and intrusion, misuse of system resources, computer viruses and hoaxes, and malicious codes or scripts affecting networked systems. Security Incident Handling Security incident handlingis a set of continuous processes governing the activities before, during and after a security incident occurs. Security incident handling begins with the planning and preparing for the resources, and developing proper procedures to be followed, such as the escalation and security incident response procedures. When a security incident is detected, security incident response is made by the responsible parties following the predefined procedures The safety events gave the response which is representing the actions accepted out to handle the safety events. These are mainly helpful to re-establish the common operations. Specific incident response teams are usually established to perform the tasks of making security incident response. When the incident is over, follow up actions will be taken to evaluate the incident and to strengthen security protection to prevent recurrence. The planning and preparation tasks will be reviewed and revised accordingly to ensure that there are sufficient resources (including manpower, equipment and technical knowledge) and properly defined procedures to deal with similar incidents in future. Cloud Service The outlook on cloud computing services can vary significantly among organizations, because of inherent differences These events as its main aim, assets held and open to the domestic risks faced and risk bearable. For example, a government organization that mainly handles data about individual citizens of the country has different security objectives than a government organization that does not. Similarly, the security objectives of a government organization that prepares and disseminates information for public consumption are different from one that deals mainly with classified information for its own internal use. From a risk perspective, determining the suitability of cloud services for an organization is not possible without understanding the context in which the organization operates and the consequences from the plausible threats it faces. The set of security objectives of an organization, therefore, is a key factor for decisions about outsourcing information technology services and, In specific, in order to make genuine decisions related to industries sources about the public cloud. The cloud calculating particular servicer and the service arrangements for the organization. There are lot of things which works for one industry but not for other. Not only this some pragmatic thoughtfulness. Many industries will not afford economically to save all calculative sources and possessions at all highest degree possible and must prioritize available options based on cost as well as criticality and sensitivity. When keeping the strong advantages of public cloud computing, it is indispensable to focus of safety. Significantly the safety of industry security goals is of major concern, so that the future decisions can be made accordingly. Finally the conclusion on the cloud computing rely on the risk analysis of the trade included. Service Agreements Specifications for public cloud services and service arrangements are generally called Service Level Agreements (SLAs). The SLA presents the thoughtfulness among the cloud subscriber and cloud provider related to the known range of services. This is to be delivered in the range that the servicer is not able to provide at different range defined. There are typical forms of a part of the different levels of services. The specific is the overall services contract or the services agreement. The terms of service cover other important details such as licensing of services, criteria for acceptable use, Provisional procrastination, boundaries of all responsibility, security policies and alterations in that period of service. The main aim of this report is the period of SLA which is utilize for the services agreement in its entity. There are two types of SLAs exists: i.e. which is non defined and non negotiable contract the other is negotiated agreement. Non-variable contracts is the many ways on the basis for the financial level which is enjoyed by the public cloud computing. The terms which are agreed fully by cloud provider but with some offerings, the service provider has also the capability to do the changes. Negotiated SLAs are more like traditional information technology outsourcing contracts. These SLAs can be employed to deal with corporations apprehension about technical controls, procedures, security procedures and privacy policy such as the vetting of employees,data ownership and exit rights, isolation of tenant applications, data encryption and segregation, tracking and reporting service effectiveness, compliance with laws and regulations (e.g., Federal Information Security Management Act), and the deployment of appropriate products following international or national standards (e.g., Federal Information Processing Standard 140-2 for cryptographic modules). A negotiated SLA for critical data and application might require an agency A negotiated SLA is less cost effective because of the inherent cost of negotiation which can significantly disturb and have a negative impact on the economies of scale, which is main asset a non-negotiable SLA bring to the public cloud computing. Result of a negotiation is based on the size of the corporation and the magnitude of influence it can exert. Irrespective of the type of SLA, it is very necessary to obtain pertinent legal and technical advice to make sure terms of service meets the need of the organization. The Security Upside While the biggest obstacle facing public cloud computing is security, the cloud computing paradigm provides opportunities for thinking out of the box solutions to improve overall security of the corporation. Small corporations are going to have the biggest advantage from the cloud computing services as small companies have limited staff and infrastructure support to compete with bigger organization on fronts of technology and economies of scale. Potential areas of improvement where organizations may derive security benefits from transitioning to a public cloud computing environment include the following: Staff Specialization. Just like corporations with large-scale computing facilities, cloud providers provides an break to staff toto specialize in security, privacy, and other areas of high interest and concern to the organization. Increases in the scale of computing induce specialization, which in turn allows security staff to shed other duties and concentrate exclusively on security issues. Through increased specialization, there is an opportunity for staff members gain in-depth experience, take remedial actions, and make security improvements more readily than otherwise would be possible with a diverse set of duties. Platform Strength. The structure of cloud computing platforms is typically more uniform than that of most traditional computing centers. Greater uniformity and homogeneity facilitate platform hardening and enable better automation of security management activities like configuration control, vulnerability testing, security audits, and security patching of platform components. Information assurance and security response activities also profit from a uniform, homogeneous cloud infrastructure, as do system management activities, such as fault management, load balancing, and system maintenance. Many cloud providers meet standards for operational compliance and certification in areas like healthcare (e.g., Health Insurance Portability and Accountability Act (HIPAA)), finance (e.g., Payment Card Industry Data Security Standard (PCI DSS)) and audit (e.g., Statement on Auditing Standards No. 70 Resource Availability. The scalability of the cloud computing facilities permits the greatest consideration. Unemployment and calamity healing capability is building into the cloud computing surroundings. The different sources ability would be utilizing for better flexibility while facing higher demands or divided rejection of servicer and for faster improvement from Severe events When any event happens, the occasion survived again to collect the data. The large data is easily available with good explanation and less effect on construction. On the other hand the pliability might be having different results. For Instance: a non successful person divided the rejection of service attackers which can consume fast. Support and Improvement. The encouragement and revival strategy and processes of a cloud services might be better than that of the industry. In case the different duplicates are maintained in the assorted natural features can be healthier. Information stored within the cloud would be easily available which is easy to store and highly reliable. In different situation it proved to be maintained in a traditional information centre. In such situation, cloud services could means for offsite encouragement data collection. Mainly the network performance on the net and the usage of the data involved are preventing the issue which impacted the re-establishment. The structure of a cloud solution spreads to the consumer at the service endpoints. This utilizes to access the hosted submission. Cloud consumer is based on browser and on application. However the main calculative sources need to be held by the cloud provider. Consumer is normally low weight calculation and easily handled. The laptops, notebook and net books are well embedded devices like smart mobile phones, tablets and personal digital help. Information Awareness. Information prepared and developed in the cloud would be able to show low risk to the industry. There are lot of risk involved in the industry, different information are transferring on various systems. Portable systems or transferrable media is out in the field, where the loss of devices and theft occurs frequently. Many industries have made the evolution to handle the availability to the industry. So many industries have already made the evolution to hold the availability to the organizational information. In addition to calculating the stage or alternative for domestic submission and public cloud services like target on providing security and safety to other calculating surroundings. Information Midpoint Familiarize. Cloud services would be able to utilize the safety information centres. For instance: e-mail can be t Incident Handling on Cloud Computing Incident Handling on Cloud Computing Introduction Cloud Computing Cloud computing provides people the way to share distributed resources and services that belong to different organizations or sites.As cloud computing allocate the divided possessions by means of the systems in the released surroundings. Thats why it creates the safety issues for us to expand the cloud computing application. Cloud computing is explained by NIST as the representation for allow suitable, on demand arrangements for right to entry to a collective pool of settings the calculative Possessions. All these like networks, servers, storage, application and services is continuously planned and free with less supervisory activities or cloud supplier communication. Cloud computing is taken as a innovative calculating concept up to now. It permitted the use of calculating communication with more than one stage of thoughts. The spot requirement of these services is offered online at fewer prices. Reason is that the insinuation for the high elasticity and accessibility. Cloud computing is the main topic which will be getting the good manner of concentration recently. Cloud computing services gives advantages from financial systems of all range accomplished. With this the flexible utilization of possessions, occupation and others work competency. However, cloud computing is an emerging forming of distributed computing that is still in its infancy. The concept uses of its own all the levels of explanations and analysis. Most of the concepts has been written regarding cloud computing, its explanation. Its main aim is to search the major paradigm of the utilization and given that common classification for Concepts and significant details of the services. A public cloud is the major one which has the communication and other calculative possessions. This consists of making obtainable to the common people online. This is known by all the cloud servicer who is doing the marketing. Its by giving explanation of the outsider industries. On the other hand of the range is the confidential cloud. The confidential cloud is the one in which the calculating surroundings is generated completely for the industry. This can handled by industry or by the third party. This can be hosted under the industries information centre which is within or outside of it. The private cloud provides the industry a good control on the communication and calculative sources as compared to public cloud. There is other operational models which lies between the private and public cloud. These are community cloud and hybrid cloud. The community cloud is mainly related to private cloud. On the other hand the communication and calculative sources will be mutual by various industries that are having a similar confidentiality and regulatory thoughts. Instead they are exclusively checking the one industry. The hybrid cloud is mainly the blend of two or more than two clouds i.e. (private, community, or public) this Become the uncommon bodies which are stringed to each other by harmonized or proprietary technology which allows interoperability. Same as the various operational models which impacts to the industrial range and organized surroundings. Thats why this model gives assistance to the cloud which impacts it. Three well-known and frequently-used service models are the following: Software-as-a-Service. Software-as-a-Service (SaaS) is an on demand software services in which user gets access to the required software thorough some intermediate client like browser using internet. Software platform and relevant files are stored centrally. It drastically reduces the total cost of software for the user as it does not require user to incur any infrastructure cost which include hardware installation cost, maintenance cost and operating cost. Subscribers of these services are only given limited control related to the desired software including any preference selection and administrative setting. They do not have any control over the underlying cloud infrastructure. Platform-as-a-Service. Platform-as-a-Service (PaaS) is an on demand platform delivery model. In this user is provided with the complete software platform which is used by the subscriber to develop and deploy software. It also result in considerable saving for the subscriber as he does not have to incur costs related to buying and managing of complicated hardware and software components required to support the software development platform. The special purpose development environment is tailored to the specific needs of the subscriber by the cloud service provider. Good enough controls are given to the subscriber to aid in smooth development of software. Infrastructure-as-a-Service. Infrastructure-as-a-Service (IaaS) is an on demand infrastructure delivery services. In this host of computing servers, softwares, and network equipments are provided. This infrastructure is used to establish platform to develop and execute software. Subscriber can cut down his cost to bare minimum by avoiding any purchase of hardware and software components. Subscribers is given quite a lot of flexibility to choose various infrastructural components as per the requirements. Cloud subscriber controls the maximum security features. Figure illustrates the differences in scope and control between the cloud subscriber and cloud provider. Given central diagram shows the five conceptual layers of a cloud environment which apply to public clouds and other deployments models The arrows at the left and right of the diagram denote the approximate range of the cloud providers and users scope and control over the cloud environment for each service model. Cloud subscribers extent of control over the system is determined by the level of support provided by the cloud provider. Higher the support by cloud provider lower is the scope and control of the subscriber. Physical elements of cloud environment are shown by two lower layers of the diagram. These physical elements are completely controlled by cloud provider irrespective of the service model. The facility layer which is the lowest layer comprises of Heating, ventilation, air conditioning (HVAC), power, communications, and other aspects of the physical plant whereas hardware layers comprises of network , storage and other physical computing infrastructure elements The logical elements of a cloud environment is denoted by other layers The virtualized infrastructure layer lead to software components, such as hypervisors, virtual machines, virtual data storage, and supporting middleware elements required to setup a capable infrastructure to establish efficient computing platform While virtual machine technology is commonly used at this layer, other means of providing the necessary software abstractions are not precluded. Similarly, the platform architecture layer entails compilers, libraries, utilities, and other software tools and development environments needed to implement applications. The application layer represents deployed software applications targeted towards end-user software clients or other programs, and made available via the cloud. Iaas ans Paas as services are very close and difference between them is quite vague. Basically these are distinguished by the kind of support environment, level of support and control allocation between cloud subscriber and cloud provider. Main thrust of cloud computing is not only limited to single organization but also extends as a vehicle for outsourcing various components as public cloud. been to provide a vehicle for outsourcing parts of that environment to an outside party as a public cloud. Through any outsource of information technology services, relates survived in relation to any connotation for system safety and isolation. The main issue centres on the risks associated with moving important applications or data from within the confines of the Industries calculating centre which is of different other company (i.e. a public cloud). That is easily available to the normal people Decreasing prise and increasing proficiency is the main concerns. These two are the chief inspirations for stepping towards the public cloud. On the other hand deceasing accountability for the safety should not depend on it. Finally the industry is responsible for all safety issues of the outsourced services. Observing and addressing the safety problems which go increase will be at the sight of industry. Some of the major issue like performances and accessibility. Because cloud computing brings with it new security challenges, it is essential for an organization to oversee and Administer in which manner the cloud servicer handles and prevent the computing environment and provides guarantee of safety. Incidents an event is any observable occurrence in a system or network. Events include a user connecting to a file, a server receiving a request for a Web page, a user sending electronic mail, and a firewall blocking a connection attempt. Unfavorable occasion are the one which has unhelpful results. For instance: crashes, network packet floods and unauthorized utilization. of system privileges, unauthorized access to sensitive data, and execution of malicious code that destroys data. A system safety occasion is actually a contravention or forthcoming danger of breach of system safety strategy, suitable utilization policies and modeled safety policies. The terminology for these incidents is helpful to the small business owner for understanding service and product offerings Denial of Service- An attacker directs hundreds of external compromised workstations to send as many ping requests as possible to a business network, swamping the system. Malicious Code- A worm is able to quickly infect several hundred workstations within an organization by taking advantage of a vulnerability that is present in many of the companys unpatched computers. Unauthorized Access- An attacker runs a piece of â€Å"evil† software to gain access to a servers password file. The attacker then obtains unauthorized administrator-level access to a system and the sensitive data it contains, either stealing the data for future use or blackmailing the firm for its return. Inappropriate Usage- An employee provides illegal copies of software to others through peer-to-peer file sharing services, accesses pornographic or hate-based websites or threatens another person through email. Incident Handling: Incident handling can be divided into six phases: preparation, identification, containment, eradication, recovery, and follow-up. Step 1: Preparation: In the heat of the moment, when an incident has been discovered, decision-making may be haphazard. Software-as-a-Service (SaaS) is an on demand software services in which user gets access to the required software thorough some intermediate client like browser using internet. Software platform and relevant files are stored centrally. It drastically reduces the total cost of software for the user as it does not require user to incur any infrastructure cost which include hardware installation cost, maintenance cost and operating cost. Subscribers of these services are only given limited control related to the desired software including any preference selection and administrative setting. They do not have any control over the underlying cloud infrastructure. Platform-as-a-Service. Platform-as-a-Service (PaaS) is an on demand platform delivery model. In this user is provided with the complete software platform which is used by the subscriber to develop and deploy software. It also result in considerable saving for the subscriber as he does not have to incur costs related to buying and managing of complicated hardware and software components required to support the software development platform. The special purpose development environment is tailored to the specific needs of the subscriber by the cloud service provider. Good enough controls are given to the subscriber to aid in smooth development of software. Infrastructure-as-a-Service. Infrastructure-as-a-Service (IaaS) is an on demand infrastructure delivery services. In this host of computing servers, softwares, and network equipments are provided. This infrastructure is used to establish platform to develop and execute software. Subscriber can cut down his cost to bare minimum by avoiding any purchase of hardware and software components. Subscribers is given quite a lot of flexibility to choose various infrastructural components as per the requirements. Cloud subscriber controls the maximum security features. Figure illustrates the differences in scope and control between the cloud subscriber and cloud provider. Given central diagram shows the five conceptual layers of a cloud environment which apply to public clouds and other deployments models The arrows at the left and right of the diagram denote the approximate range of the cloud providers and users scope and control over the cloud environment for each service model. Cloud subscribers extent of control over the system is determined by the level of support provided by the cloud provider. Higher the support by cloud provider lower is the scope and control of the subscriber. Physical elements of cloud environment are shown by two lower layers of the diagram. These physical elements are completely controlled by cloud provider irrespective of the service model. The facility layer which is the lowest layer comprises of Heating, ventilation, air conditioning (HVAC), power, communications, and other aspects of the physical plant whereas hardware layers comprises of network , storage and other physical computing infrastructure elements The logical elements of a cloud environment is denoted by other layers The virtualized infrastructure layer lead to software components, such as hypervisors, virtual machines, virtual data storage, and supporting middleware elements required to setup a capable infrastructure to establish efficient computing platform While virtual machine technology is commonly used at this layer, other means of providing the necessary software abstractions are not precluded. Similarly, the platform architecture layer entails compilers, libraries, utilities, and other software tools and development environments needed to implement applications. The application layer represents deployed software applications targeted towards end-user software clients or other programs, and made available via the cloud. Iaas ans Paas as services are very close and difference between them is quite vague. Basically these are distinguished by the kind of support environment, level of support and control allocation between cloud subscriber and cloud provider. Main thrust of cloud computing is not only limited to single organization but also extends as a vehicle for outsourcing various components as public cloud. Delete the reason of the event. Position the latest clean back up (to prepare for the computer mending) Step 5: Recovery: This phase ensures that the system is returned to a fully operational status. The following steps should be taken in the recovery phase: Restore the system. Authenticate the machine The machine will be re-established then there should be the process of verification of the operations. After this the machine should be reverse to its normal behaviour. Organisation can take decision on leaving the monitor offline when the system is operating and patches installation. Watch the computer. When the monitor is reverse to online, it start the system for backdoors which avoids findings. Step 6: Follow-Up: This stage is significant for recognizing the message delivered and it will reduce the future happenings. Build the explained event report and gives the duplicates to the management. The operating units IT security Officer and the Department of Commerces IT Security Program Manager. Provide the optional alteration to the management. Execute the accepted activities. Post-Incident If the organization has a post-incident lessons learned process, they may want the cloud vendor to be involved in this process. What agreements will the organization need with the cloud provider for the lessons learned process? If the cloud provider has a lessons learned process, does management have concerns regarding information reported or shared relating to the organization? The cloud vendor will not be able to see much of the companys processes, capabilities or maturity. The company may have concerns regarding how much of its internal foibles to share. If there are concerns, get agreement internally first, then negotiate them, if possible, and have them written into the contract. If the vendor will not or cannot meet the customers process requirements, what steps will the organization need to take? An IH team collects and analyzes incident process metrics for trend and process improvement purposes. Like any other organization, the cloud provider will be collecting objective and subjective information regarding IH processes. As NIST points out, the useof this data is for a variety of purposes, including justifying additional funding of the incident response team. Will the organization need this IH process metric data from the provider to enable a complete understanding of the integration area in case the organization ever has a need to bring the cloud function back in-house? Will the organization need this data for reporting and process improvement in general? The use of this data is also for understanding trends related to attacks targeting the organization. Would the lack of this attack trend data leave the organization unacceptably exposed to risk? Determine what IH process metric data is required by the team and write it into the contract. The organization will need to decide if they require provisions with the cloud provider regarding their evidence retention policies. Will the vendor keep the evidence long enough to meet the organizations requirements? If not, will the organization need to bring the cloud vendors evidence in-house? Will the vendor allow the customer to take custody of the evidence? If the vendor retains the evidence longer than the customer policies dictate does this work create risk for the customer? If so, what recourse does the customer have? Legal counsel will need to provide direction in this area in order to ensure compliance with laws for all jurisdictions. Background: Cloud computing has built on industry developments dating from the 1980s by leveraging outsourced infrastructure services, hosted applications and software as a service (Owens, 2010). In the all parts, the techniques used are not original. Yet, in aggregate, it is something very different. The differences provide both benefits and problems for the organization integrating with the cloud. The addition of elasticity and pay-as-you-go to this collection of technologies makes cloud computing compelling to CIOs in companies of all sizes. Cloud integration presents unique challenges to incident handlers as well as to those responsible for preparing and negotiating the contract for cloud services. The challenges are further complicated when there is a prevailing perception that the cloud integration is â€Å"inside the security Edge or the organisation has been stated in written that a agreement needed the supplier to be safe, this must be sufficient. This sort of thinking may be naà ¯ve but, unfortunately, it is not rare. The cloud provider may have a great deal of built in security or they may not. Whether they do or not, incident handling (IH) teams will eventually face incidents related to the integration, necessitating planning for handling incidents in this new environment. The impacts of cloud integration warrant a careful analysis by an organization before implementation. An introduction of a disruptive technology such as cloud computing can make both definition and documentation of services, policies, and procedures unclear in a given environment. The IH team may find that it is helpful to go through the same process that the team initially followed when establishing their IH capability. Security Incident The term security incident used in this guideline refers to any incident related to information security. It refers to information leakage that will be undesirable to the interests of the Government or an adverse event in an information system and/or network that poses a threat to computer or network security in respect of availability, integrity and confidentiality. On the other hand, the worse incidents like natural calamity, power cuts and data line failure. . are not within the scope of this guideline, and should be addressed by the system maintenance and disaster recovery plan. Examples of security incidents include: unauthorized access, unauthorized utilization of services, denial of resources, disruption of services, compromise of protected data / program / network system privileges, leaks of classified data in electronic form, malicious destruction or modification of data / information, penetration and intrusion, misuse of system resources, computer viruses and hoaxes, and malicious codes or scripts affecting networked systems. Security Incident Handling Security incident handlingis a set of continuous processes governing the activities before, during and after a security incident occurs. Security incident handling begins with the planning and preparing for the resources, and developing proper procedures to be followed, such as the escalation and security incident response procedures. When a security incident is detected, security incident response is made by the responsible parties following the predefined procedures The safety events gave the response which is representing the actions accepted out to handle the safety events. These are mainly helpful to re-establish the common operations. Specific incident response teams are usually established to perform the tasks of making security incident response. When the incident is over, follow up actions will be taken to evaluate the incident and to strengthen security protection to prevent recurrence. The planning and preparation tasks will be reviewed and revised accordingly to ensure that there are sufficient resources (including manpower, equipment and technical knowledge) and properly defined procedures to deal with similar incidents in future. Cloud Service The outlook on cloud computing services can vary significantly among organizations, because of inherent differences These events as its main aim, assets held and open to the domestic risks faced and risk bearable. For example, a government organization that mainly handles data about individual citizens of the country has different security objectives than a government organization that does not. Similarly, the security objectives of a government organization that prepares and disseminates information for public consumption are different from one that deals mainly with classified information for its own internal use. From a risk perspective, determining the suitability of cloud services for an organization is not possible without understanding the context in which the organization operates and the consequences from the plausible threats it faces. The set of security objectives of an organization, therefore, is a key factor for decisions about outsourcing information technology services and, In specific, in order to make genuine decisions related to industries sources about the public cloud. The cloud calculating particular servicer and the service arrangements for the organization. There are lot of things which works for one industry but not for other. Not only this some pragmatic thoughtfulness. Many industries will not afford economically to save all calculative sources and possessions at all highest degree possible and must prioritize available options based on cost as well as criticality and sensitivity. When keeping the strong advantages of public cloud computing, it is indispensable to focus of safety. Significantly the safety of industry security goals is of major concern, so that the future decisions can be made accordingly. Finally the conclusion on the cloud computing rely on the risk analysis of the trade included. Service Agreements Specifications for public cloud services and service arrangements are generally called Service Level Agreements (SLAs). The SLA presents the thoughtfulness among the cloud subscriber and cloud provider related to the known range of services. This is to be delivered in the range that the servicer is not able to provide at different range defined. There are typical forms of a part of the different levels of services. The specific is the overall services contract or the services agreement. The terms of service cover other important details such as licensing of services, criteria for acceptable use, Provisional procrastination, boundaries of all responsibility, security policies and alterations in that period of service. The main aim of this report is the period of SLA which is utilize for the services agreement in its entity. There are two types of SLAs exists: i.e. which is non defined and non negotiable contract the other is negotiated agreement. Non-variable contracts is the many ways on the basis for the financial level which is enjoyed by the public cloud computing. The terms which are agreed fully by cloud provider but with some offerings, the service provider has also the capability to do the changes. Negotiated SLAs are more like traditional information technology outsourcing contracts. These SLAs can be employed to deal with corporations apprehension about technical controls, procedures, security procedures and privacy policy such as the vetting of employees,data ownership and exit rights, isolation of tenant applications, data encryption and segregation, tracking and reporting service effectiveness, compliance with laws and regulations (e.g., Federal Information Security Management Act), and the deployment of appropriate products following international or national standards (e.g., Federal Information Processing Standard 140-2 for cryptographic modules). A negotiated SLA for critical data and application might require an agency A negotiated SLA is less cost effective because of the inherent cost of negotiation which can significantly disturb and have a negative impact on the economies of scale, which is main asset a non-negotiable SLA bring to the public cloud computing. Result of a negotiation is based on the size of the corporation and the magnitude of influence it can exert. Irrespective of the type of SLA, it is very necessary to obtain pertinent legal and technical advice to make sure terms of service meets the need of the organization. The Security Upside While the biggest obstacle facing public cloud computing is security, the cloud computing paradigm provides opportunities for thinking out of the box solutions to improve overall security of the corporation. Small corporations are going to have the biggest advantage from the cloud computing services as small companies have limited staff and infrastructure support to compete with bigger organization on fronts of technology and economies of scale. Potential areas of improvement where organizations may derive security benefits from transitioning to a public cloud computing environment include the following: Staff Specialization. Just like corporations with large-scale computing facilities, cloud providers provides an break to staff toto specialize in security, privacy, and other areas of high interest and concern to the organization. Increases in the scale of computing induce specialization, which in turn allows security staff to shed other duties and concentrate exclusively on security issues. Through increased specialization, there is an opportunity for staff members gain in-depth experience, take remedial actions, and make security improvements more readily than otherwise would be possible with a diverse set of duties. Platform Strength. The structure of cloud computing platforms is typically more uniform than that of most traditional computing centers. Greater uniformity and homogeneity facilitate platform hardening and enable better automation of security management activities like configuration control, vulnerability testing, security audits, and security patching of platform components. Information assurance and security response activities also profit from a uniform, homogeneous cloud infrastructure, as do system management activities, such as fault management, load balancing, and system maintenance. Many cloud providers meet standards for operational compliance and certification in areas like healthcare (e.g., Health Insurance Portability and Accountability Act (HIPAA)), finance (e.g., Payment Card Industry Data Security Standard (PCI DSS)) and audit (e.g., Statement on Auditing Standards No. 70 Resource Availability. The scalability of the cloud computing facilities permits the greatest consideration. Unemployment and calamity healing capability is building into the cloud computing surroundings. The different sources ability would be utilizing for better flexibility while facing higher demands or divided rejection of servicer and for faster improvement from Severe events When any event happens, the occasion survived again to collect the data. The large data is easily available with good explanation and less effect on construction. On the other hand the pliability might be having different results. For Instance: a non successful person divided the rejection of service attackers which can consume fast. Support and Improvement. The encouragement and revival strategy and processes of a cloud services might be better than that of the industry. In case the different duplicates are maintained in the assorted natural features can be healthier. Information stored within the cloud would be easily available which is easy to store and highly reliable. In different situation it proved to be maintained in a traditional information centre. In such situation, cloud services could means for offsite encouragement data collection. Mainly the network performance on the net and the usage of the data involved are preventing the issue which impacted the re-establishment. The structure of a cloud solution spreads to the consumer at the service endpoints. This utilizes to access the hosted submission. Cloud consumer is based on browser and on application. However the main calculative sources need to be held by the cloud provider. Consumer is normally low weight calculation and easily handled. The laptops, notebook and net books are well embedded devices like smart mobile phones, tablets and personal digital help. Information Awareness. Information prepared and developed in the cloud would be able to show low risk to the industry. There are lot of risk involved in the industry, different information are transferring on various systems. Portable systems or transferrable media is out in the field, where the loss of devices and theft occurs frequently. Many industries have made the evolution to handle the availability to the industry. So many industries have already made the evolution to hold the availability to the organizational information. In addition to calculating the stage or alternative for domestic submission and public cloud services like target on providing security and safety to other calculating surroundings. Information Midpoint Familiarize. Cloud services would be able to utilize the safety information centres. For instance: e-mail can be t

The Yellow Wallpaper :: Literary Analysis, Perkins Gilman

For centuries men and women have been taught from an early age how to behave. Boys are taught to play war, hunt, and other skills deemed â€Å"Manly†. Women are also taught how young ladies are to behave. Women are to tend to housework and rear children. Over the last 150 years women have fought to fight these stereotypes and break away from traditional gender roles. Forcing traditional gender roles upon women (or men), instead of allowing them to forge their own identity can be detrimental to the health and wellbeing of a woman and her family. In 1898 â€Å"Declaration of Sentiments† was published by Elizabeth Cady Stanton. The second paragraph begins with â€Å"We hold these truths to be self evident† (Stanton 287). This mirrors the Declaration of Independence of the United States of America. It continues to say that â€Å"all men and women are created equal† (Stanton 287) whereas the Declaration of Independence only mentions men. This was a way for women to be heard in a calm and rational way. Stanton goes on to describe how men have an â€Å"absolute tyranny† (Stanton 287) over women. They have no right to vote, however are subjected to the laws, and have â€Å"withheld from her rights which are given to the most ignorant and degraded men- both natives and foreigners† (Stanton 288). It clearly outlines the way women were treated (and in some societies still treated). While women have as many rights under the law as men do, they still struggle to be viewed as equals. In the â€Å"Yellow Wallpaper† Charlotte Perkins Gilman shows how a woman is treated as property and frail, it follows her decline into a mental breakdown. She appears to be suffering from Post Partum Depression, and is treated by her physician husband John for â€Å"temporary nervous depression – a slight hysterical tendency† (Gillman 130). She isn’t allowed any say in her care or treatment and is treated as a prisoner. The speaker describes her surroundings saying â€Å"It was a nursery first and then a playroom and gymnasium, I should judge; for the windows are barred for little children and there are rings in the walls† (possibly for keeping patients restrained) (Gillman 131). She talks about the large room and how the wallpaper is ripped and the floor is gouged (Gillman 134), the â€Å"great immovable bed – it’s nailed down† (Gillman 135).

IRAC method: Rule and Analysis Essay

IRAC method Introduction Reid v. Covert Casea   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   This case involved Reid, who was a superintendent with District of Columbia jail and Mrs. Clarice Covert, who was a military dependent. While residing in England at an airbase, she was tried and thereafter convicted for the murder of her husband by court-martial. Mrs. Covert’s husband worked with United States Air force as a sergeant; however, Mrs. Covert was not an armed forces member. The trial and conviction of Mrs. Covert in the united states by the court martial was authorized by United states code of the military justice under article 2(11). She was, therefore, sentenced to life imprisonment where she was supposed to serve this sentence in a federal prison in United States. However, she appealed the case, and she was taken to District of Columbia jail awaiting retrial by the court martial in Washington, D.C at an airbase after her conviction being set aside. It is at the federal district court that she petitioned for a writ of the habeas corpus claiming that her constitutional rights under Fifth and Sixth Amendments were being violated because of her conviction by the military authorities (â€Å"Reid V. Covert Case Brief,†2011). Rule   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Mrs. Covert termed this conviction to be unconstitutional under article2 (11) stating that she was not a member of armed forces and therefore not subject to the military jurisdiction. The district court ruled out the case that a civilian was warranted to have a civilian trial and in this regard this court granted Mrs. Covert her petition. The government appealed to the Supreme Court directly in the United States. The Supreme Court gave a ruling that military trial of Mrs. Covert was constitutional and that the trial by a jury that was a constitutional right did not apply for those American citizens, who were being tried in the foreign lands (â€Å"Reid V. Covert,† 2014). According to the court’s ruling, the congress was within its constitutional mandate and that by any means it could provide for trial through any means it deemed fit as long as that means were consistent and reasonable with the due process. A lengthy reservati on was issued by Justice Felix Frankfurter, and Justices William O. Douglas and Hugo L. Black together with chief justice Earl Warren issued a dissent that was strong. The court granted a petition for the rehearing subsequently. They held that those Americans citizens who were outside the territorial jurisdiction of United States still retain the protections warranted by the constitution of the United States. Therefore, the decision that was granting habeas corpus to Mrs. Covet was affirmed accordingly. In the case of a treaty which tends to conflict with any subsequent congressional act, congressional act in such a case prevails over the treaty except when it violates the constitution (â€Å"Reid V. Covert,† 2014). Analysis   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Mrs. Covert argued that Article 2 (11) is supposed to be geographically restricted and thus military jurisdiction which was over her expired when she was returned to the United States. Additionally she also argued that as a civilian, she was not supposed to be subjected to the code, because under Article 2(7) she was not in custody of the armed forces. The chief justice together with the two justices rejected the notion that United States acts against those citizens who are abroad and that it can do without any restrictions from the Bill of Rights. They stated that United States is a creature of constitution entirely and in this regard all the authority and power are derived from the constitution. Therefore, USA can act according to the limitations which are imposed by the constitution. Thus, in a case where United States’ government wants to punish a particular citizen who is out of the country, the shield which Bill of Rights toge ther with other components of the constitution that seeks to protect his liberty and life are not supposed to be ignored just for the mere reason that he or she is in another country (â€Å"Reid V. Covert Case Brief,† 2011).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Conclusion Although majority of the courts concurred with the final outcome, they did so for very different reasons. According to justice Felix Frankfurter making a ruling that Mrs. Covert trial and conviction were unconstitutional merely on the fact that she was not an armed forces member displayed too narrow a review. Justice Felix Frankfurter stated that the determination of this case necessitated the court to review the constitution thoroughly in its entirety instead of merely assessing a single provision which grants the congress the power of regulating the naval forces and the nation’s land. According to his opinion, the court is supposed to assess all the factors which are involved so as to decide whether the military dependents are subject to court-martial jurisdiction when they are involved with capital cases. In this regard, he argued that capital cases require full article III trial while the petty offenses by the militar y dependant are not supposed does not. Therefore, his advice was adoption of case-by-case approach. Justice john Marshall also concurred with Frankfurter. He first argued that military dependents that were overseas were bearing a rational correlation to the armed forces and therefore they could be subjected to the court martial. He later advocated for the approach of case-by-case. Justice Tom C. Clark provided a substantial weight towards the historical practice. Clark argued that allowing such cases to be tried in federal court system would pave way for petty offenses which would have many adverse consequences such as delays, incurring needless cost, and also disruption. Therefore, he also recommended use of case-by case approach. In the Supreme Court history, Reid v. covert is the only case in which on rehearing the court reversed itself (â€Å"Reid V. Covert,† 1957). References Law School Case Briefs | Legal Outlines | Study Materials. (n.d.). : Reid v. Covert case brief. Retrieved January 11, 2011, from http://www.lawschoolcasebriefs.net/2012/01/reid-v-covert-case-brief.html REID v. COVERT. (n.d.). Reid v. Covert. Retrieved September 7, 2014, from http://www.oyez.org/cases/1950-1959/1955/1955_701_2 Reid v. Covert (1956 & 1957) ; Sweezy v. New Hampshire (1957).. (1975). Bethesda, Md.: University Publications of America. Source document

One Proposed Maxim as a Universal Law Essay

1. State your proposed act as a maxim: â€Å"I will take ZAR 620 000 000.00 (A) when I’ve done a year’s work (C) in order to get really, really rich (E).† 2. Restate this maxim as a universal law; â€Å"All people (7 billion of them) will take ZAR 620 000 000.00 when they’ve done a year’s work in order to get really, really rich.† 3.Ask whether your maxim is conceivable in a world ruled by the universal law; In a real world if individuals earned 620million for a years worth of work there are bound to be huge increases of income and spending going around the markets. A downfall of the economy will occur due to business halt in the competing of prices. People will be greedy and will want everything that money could possibly buy which will result in shortages of products and services. Market demand and supply will cease to exist. In conclusion, this maxim is not conceivable in the real world ruled by universal law. 4. Ask whether you would rationally act on your maxim in such a world. IF I had to earn 620million one years worth of work, I would honestly be over indulging and over spending money on unnecessary material items and food. Eventually I would be following an unhealthy lifestyle resulting in many health related problems like stress, obesity and so forth. Of course I would be really rich! But what would my purpose be thereafter? I therefore would never act rationally in such a world. Step 2: Form an opinion On the basis of your analysis, answer the following questions: †¢What would Kant probably have said about Whitey Bassons (or you) earning ZAR 620,000,000.00? (You might want to do a bit of research into the nature of Whitey Basson’s 2010 earnings). According to Kants theory this would be categorized as morally binding. A talented guy like bassoon is terribly rare. I think that this earnings would be seen as an imperfect duty, because this depends on the preference of humankind. Whitey Basson cultivated his own talent by investing his good education and remarkable people skills into building the business and making it the most successful one today. Kant would therefore accept the earnings for whitey has not stolen from anyone or broken any rules. He reaped the rewards of his benefits. †¢What do you think about Whitey Basson (or you) earning ZAR 620,000,000.00? However, It is unfair to look at them as one year’s income, as those were earned over 40 years. So he deserved to be paid a huge amount for his enormous talent and knowledge in  growing the business into a successful one. They make 50m-60m sales a month in seven jurisdictions. It is fair to be rewarded for such hard work and dedication but not in such large percentage increases especially when the state of the economy is not as rapid as the percentage increase in income. †¢Why do you think this? These figures make no sense of the argument that companies need to pay such vast amounts in order to retain top skills, because more than 20 of the top 100 highest paid executives in 2010 are no longer in their positions today. According to a source â€Å"Figures proved that South Africa was a rich country, but the distribution of that wealth left just 20 people owning R112.2 billion, while 48 percent of South Africans were living below the poverty level of R322 a month. Sixteen percent of employed workers earned less than R500, 33.4 percent earned less than R1 000 and 60 percent earned less than R2 500 a month†