Law

Background on the Role of Intelligence in Homeland Security

Since the 9/11 terrorist attacks, the need for closer cooperation between various institutions of security increased significantly. In particular, there has been a special focus on how information is collected, analyzed, and distributed in the process of protecting the homeland from threats posed by terrorists and other sources of insecurity (Logan, 2010). In fact, it has become difficult to make a distinction between external or foreign intelligence and domestic intelligence (Masse & Rollins, 2011).

Duties of the Director of the National Intelligence

It is imperative to review the duties of the Director of National Intelligence as they relate to disseminating information/intelligence to the states, counties, and local units of government officials via the DHS. Specifically, the DNI is established under the Intelligence Reform and Terrorism Prevention Act 2004 to perform three major roles that include:

• being one of the principal advisors to the US President, the Homeland Security Council as well as the National Security Council on matters of intelligence;
• being the head of the 16-member Intelligence Community;
• directing and presiding over all the tasks of the National Intelligence Program.

Federal entities comprising the intelligence community

The US Intelligence Community brings together 17 separate government agencies with the aim of conducting intelligence tasks together and separately. The purpose of the community is to ensure that they comprehensively conduct adequate national security activities as well as foreign relations. The federal entities include:

• The Director of National Intelligence, whose purposes have been described above.
• The Central Intelligence Agency (CIA) is an independent body responsible for collecting intelligence information both on local and foreign grounds and advising the president.
• The Federal Bureau of Investigation (FBI) is responsible for carrying out investigations and collecting information about crime, including terrorism, civil, white-collar, violence and theft, cybercrime, counterintelligence, and organized crime (Masse & Rollins, 2011).
• The national geospatial-intelligence Agency (NGA) provides timely, accurate, and relevant intelligence collected through geospatial technologies with the aim of ensuring national security.
• The National Reconnaissance Office (NRO) is responsible for monitoring weapons of mass destruction, developing military data for targets and damages of bombs and tracking of international criminals, such as terrorists, drug traffickers, and organizers of crimes.
• The National Security Agency (NSA) is considered to collect, process, analyze, and disseminate intelligence signals and data for counterintelligence and foreign intelligence with the aim of supporting national security.
• The National Air and Space Intelligence Center (NASIC) is responsible for analyzing data on foreign airspace and aerospace forces and weapons with the aim of determining their capacities to carry out military work, vulnerability, and intended actions.
• The US Coast Guard is responsible for providing security at the maritime ends, seaports, at sea, and other marine areas around the world.

Information sharing environment

There is the relative importance of local, state, national, and private levels. In addition, there is an increase in the rate of awareness of law enforcement using the information to protect the country at all levels of governance. Moreover, a new field known as Homeland Security Intelligence (HSINT) has emerged, and its importance has increased significantly over the last ten decades (Bullock, Haddow & Coppola, 2011). Thus, it is important to attach intelligence service and its function to the homeland security at the state and local level. HSINT includes both the national and the state collection of intelligence. It includes human intelligence that is collected at the border level through security personnel. In addition, it must include state and local security systems to collect information inside the borders (Hulnick, 2010).

Importance of government

The government is the overall player in providing security at the international, federal, state, and local levels.

• The government is the main source of funding for all the 17 elements of the National Intelligence Community.
• It is responsible for coordinating the activities of these elements in order to ensure that they work hand in hand, though separately, for the common goal of providing security.

To develop a better understanding of the role of government intelligence in homeland security, it is important to understand the dimensions of intelligence in depth. Noteworthy, the dimensions of intelligence have four major components. Homeland security intelligence is the core dimension within the structure. It is closely associated with three other components that make up the structure (Logan, 2010).

Available funding

• The government is the main source of funding for all the agencies and units involved in providing homeland security.
• The Department of Homeland Security provides the government with information on the funding requirements used in the national budgeting for the security system.
• The DHS is responsible for funding the state and local fusion center operations through the Homeland Security Grant Program (Hulnick, 2010). This program is administered by FEMA.
• It is the role of FEMA to provide the annual funds in the form of grants to the state and municipalities to help them build strong and effective methods for responding to security threats.

Challenges and concerns

A number of issues affect the complete sharing of information between the stakeholders of the homeland security initiatives.

• Local funding is sometimes the term information sharing a number of meanings depending on each institution.
• Secondly, the process and responsibility for controlling information dissemination are not effective due to the different missions, visions, and purposes of the members of the Intelligence Community (Bullock, Haddow & Coppola, 2011).

For additional information

Bullock, J., Haddow, G., & Coppola, D. P. (2011). Homeland Security: The Essentials. Washington, DC: Butterworth-Heinemann. Web.

Hulnick, A. S. (2010). Keeping Us Safe: Secret Intelligence and Homeland Security. New York: Greenwood Publishing Group. Web.

Logan, K. G. (2010). Homeland security and intelligence. New York: Praeger security international. Web.

Masse, T., & Rollins, J. (2011). Information and Intelligence (including Terrorism) Fusion Centers. New York: Nova Publishers Inc. Web.

Introduction – Origins of the Audit Committee

Nowadays, an increasing number of companies are demonstrating concerns regarding the stability of performance and business operations. The issue has become especially acute because of the global interconnectedness of economic actors worldwide and the recent economic crisis. It means that organizations want to have objective information representing their condition both financial and operational and know whether there are any risks and challenges that might endanger their prosperity, risk responsiveness, and competitiveness. In the case of designing ways to reach stability, companies focus on their financial performance.

Altogether, it forged the necessity to establish a special department either within a company or as an external institution that would study the company’s performance and determine whether it faces any significant risks. These structures are known as audit departments. However, there should also be a body, which regulates the activities and operation of such departments. These bodies are usually referred to as the audit committees. Their significance is seen in distinguishing gaps in a company’s performance and estimating the level of its risk susceptibility studying the reports provided by both internal and external auditors.

This paper aims at investigating the audit committees. It will provide some background on functions and criteria for measuring the effectiveness of the audit committees. The goal of this paper is to determine what is the role of the audit committee in the United Arab Emirates, find out what are its strengths and weaknesses, and design an overall conclusion that would point particular ways to improve their operation, if necessary.

Functions of the Audit Committee

The audit committee, an organizational body consisting of a chairman and at least two other members, who have experience in finance and accounting, is responsible for performing a wide range of functions.

Some of them include, but are not limited to, the following: exploring annual plans for audit reports and estimating their accuracy and objectiveness; reviewing the reports provided by both external and internal auditors, studying the proposed measures, and guaranteeing that a company follows them if decided that they might have a positive impact on a company and its performance and competitiveness; assuring that a company operates in conformity with all required rules and regulations as well as recommendations from external auditors and other influential institutions, which are entitled to regulate the business environment; arranging meetings with both internal and external auditors and confirming them with senior management; presents the reports provided by both external and internal auditors to senior managers; is responsible for selecting and appointing external auditors as well as employing or firing internal auditors; in the case of an auditor’s resignation, is obliged to find out the reasons for the resignation and design the action plan for each specific instance, etc. (Al-Saeed and Al-Mahamid 43; Emirates Integrated Telecommunications Company PJLC 1).

Carrying out these functions is what determines the role of the audit committee. However, there are also other aspects of the audit committee functioning determining its role. They will be mentioned later.

Measuring the Adequacy and Effectiveness of the Audit Committee Operation

There are several requirements necessary for assuring that the audit committee operates in an adequate environment, which is healthy and encouraging so that the committee members carry out their functions to the maximum possible extent and provide reports containing objective information about the company’s performance. First and foremost, the chief audit executive should guarantee that the committee will have an opportunity to engage with the executive openly and transparently, i.e. the atmosphere of trust will be established in a team. It is vital in light of creating the platform of cooperation between two structures and developing frameworks for further work.

Second, the chief audit executives should ensure that they are sober and objective in their responses to reports so that the committees know which parts should be improved to determine the strengths and weaknesses of a company. Moreover, there is a need for sufficient resources both financial and human to back up the committee’s efficient operation and functioning. Finally, the audit committee should have an opportunity to meet with the chief audit executive and senior management of a company to present their reports, which should be actionable, so that senior managers guarantee that the recommendations will be put into action to enhance firm’s performance and competitiveness (“The Audit Committee: Internal Audit Oversight” 2).

The effectiveness of the audit committee operation is believed to come straight from its members. The key to high levels of efficiency is that everyone in the committee understands his or her particular role and does everything possible to carry it out. It means that productivity can be reached only through effective corporate governance because it adds to emotional well-being, which, in turn, promotes better job duties performing (Gomes par. 16). What is even more significant, the audit committee should be independent to be effective. Its independence means that the committee is made up of both financial and non-financial people (Al-Saeed and Al-Mahamid 46).

It is crucial because only people with diverse backgrounds can be efficient in making vital decisions and designing ways to enhance a firm’s performance and competitiveness. This detail is significant because the audit committee is responsible not only for controlling the process of financial reporting but also optimizing the operation of other departments and advising senior management on the further development of a company.

The Role of the Audit Committee

Except for the functions of the audit committee mentioned above, its role in a company has a broader context. First and foremost, the audit committee serves as a link between the auditors, both internal and external, and a firm’s senior management. Being such a link is responsible for establishing and maintaining effective channels for exchanging information between different departments of an organization whether it includes reports or various recommendations on improving the company’s performance (Muqattash 30).

That said, it is the audit committee that establishes the atmosphere of trust and openness, i.e. emotional well-being, which is vital for effective performance and positive functioning. More than that, it is in charge of fostering communication between external and internal auditors (Emirates Integrated Telecommunications Company PJLC 3). It is what helps a company to reach higher levels of quality of audit reports and as well as handle challenges and develop risk resistance mechanisms.

Moreover, because the audit committee is responsible for reviewing the auditors’ reports, it plays a significant role in guaranteeing objectivity of all documents provided by this department as well as external institutions. That said, because auditors are aware that their work will be checked for relevance and accuracy, the audit committee serves as a motivator for the higher levels of performance.

It can be supplemented with the fact that it is the audit committee that appoints an auditor, so the auditors are interested in being objective. Together with it, for the same reason, it helps restore the confidence of senior management as well as the public in the quality of the issued reports. It means that the audit committee is of paramount importance for creating a positive image of a company in the eyes of national and even international audience as well as the competitors (Al-Zarouni 53-54). Altogether, it contributes to higher levels of corporate governance, which has a positive impact on all employees and the audit committee as such.

In addition to it, the audit committee contributes to minimizing the risks of financial information disclosure because of its responsibility for tightening control over auditors and applying external as well as employing internal auditors, i.e. people, who would obtain access to a company’s most valuable resource – its financial information (Al-Zarouni 91). Such a role of the audit committee helps a firm avoid losses and scandals arising from disclosures.

Furthermore, it is impossible to underestimate the role of the audit committee in strengthening the significance of internal auditors (Muqattash 30). It is true not only because of helping them reach higher levels of performance but also because it is the audit committee that is responsible for providing internal auditors with all necessary resources – informational, financial, and human (Emirates Integrated Telecommunications Company PJLC 4). That said, it aims at developing this department, and by obtaining more resources it becomes easier. Moreover, because it approves the reports, the audit committee improves the quality of the published information (Al-Saeed and Al-Mahamid 45). It, again, leads to creating a better image of a company and as well its competitiveness and performance.

Finally, the audit committee optimizes the operation of other departments of a company because it is responsible for reviewing financial and control systems as well as procedures for risk management (Emirates Integrated Telecommunications Company PJLC 3). In this case, it monitors the procedure of financial reporting and helps the Board of Directors in designing tools for diminishing risks and minimizing losses.

Only the audit committee can play this role in a company because, first, it has enough information and checks its quality and, second, its members are highly educated and are obliged to have rich experience in auditing and finance. Furthermore, companies, which have created the audit committees, have the right to be listed in Abu Dhabi and Dubai Stock Exchanges (Gebba 52). So it contributes to enhancing their competitiveness and can become a key to financial success.

Everything mentioned above is a theoretical approach to the operation of the audit committees in the United Arab Emirates. The next two sections will provide insight on the practical side of the issue to determine the strengths and weaknesses of the audit committee functioning in UAE.

The Strengths of the Audit Committee

In the United Arab Emirates, the issue of creating audit committees is granted to companies. It can be considered as the strength of the legislative system as the whole because only those firms, which feel the need for such organizational bodies, establish them.

Researches are highlighting the existence of a positive correlation between the audit committee operation and cutting expenses for covering both audit and non-audit fees (Odeh 67). It can be easily explained by the fact that the committee is responsible for financial reporting. Moreover, it is obliged to control the working process of auditors. Being efficient in performing these two tasks helps decrease the time and external resources necessary for audit revisions. That is why the existence of the audit committee positively influences the level of expenses. However, it should be noted that it is true only in the case of big companies, for which it is easier and less expensive to create and maintain the operation of the required body than for small enterprises.

Furthermore, the strength of the audit committees is that it enhances communication with regulators (Odeh 115). This statement is true in the case of the United Arab Emirates. The justification for such a correlation is that if a company established such a committee, then it runs under the national regulations because guaranteeing legal operation is one of the primary functions of the audit committee. Finally, studies show that the audit committee is efficient in carrying out its role of guaranteeing the safety of a company’s financial information because, in the case of the United Arab Emirates, these are the committees that preclude financial disclosures. Even though such instances exist, they are rare (around 5 percent), which proves the initial statement (Al-Zarouni 194).

The Weaknesses of the Audit Committee

KPMG recently researched the effectiveness, concerns, and challenges of the audit committees of companies located in the Persian Gulf region. The survey covered three countries – UAE, Bahrain, and Qatar. As of the United Arab Emirates, findings of this investigation were less than satisfactory. First of all, members of the UAE audit committees are not confident in high levels of financial reporting provided by their institutions thinking that the reports are not understandable, fair, and accurate enough. That said, they do not provide a relevant presentation of their company. Second, most respondents believe that the quality of the internal audit is low in the UAE.

However, they are confident in the quality of the external audit. Third, corporate governance of the audit committee in the UAE is also rated as low, and mandatory rotation is not seen as a tool for internal audit quality improvements. Finally, respondents estimated the quality of governance of the audit committee as low (KPMG 4).

This survey highlights that the audit committee in the UAE has particular weaknesses. They include not only low confidence in the relevance and quality of the information provided by the auditors but also by the fact that, in truth, it means the lack of knowledge and skills of the members of committees themselves. It should be stressed that if they possessed enough experience or were morally responsible for the quality of information they approve for publishing, it would be possible to deal with this weakness. Moreover, within the framework of research, it is impossible to obtain information regarding their qualifications and thus independence (Al-Zarouni 93). It means that the audit committee system is not open and transparent. Altogether, these factors might hurt the image of any company creating such bodies.

Conclusion

In conclusion, it is paramount to note that the role of the audit committee in enhancing the company’s performance and competitiveness cannot be underestimated. However, when it comes to studying the experience of the United Arab Emirates, it turns out that the theory is far from practice because even though companies are aware of the committee’s significance, the level of effectiveness of such organizational bodies is low and their weaknesses outweigh their strengths. Of curse, they contribute to cutting the expenses and avoiding financial information disclosure, but these benefits cannot be compared to the inefficiency of financial reporting systems and insufficient attention to the significance of corporate governance.

The most crucial problem with the audit committee is the fact that it is impossible to obtain information about the qualification of members and the independence of committees. It leads to lower levels of confidence in and satisfaction with the quality of the issued reports. It also explains why chief people are more willing to trust external auditors. That said, there are still a lot of improvements to be made to increase the positive influence of the internal audit committee and make it stronger.

For example, it would be beneficial to guarantee that the members of these committees are reshuffled on a timely basis so that new people with a higher level of knowledge and skills could have a chance to change the situation for the better. Moreover, it might be advantageous to establish some control over the operation of the audit committee because it would serve as a motivation for thorough job duties performed and ensure the high quality of information. Finally, it is recommended to guarantee the independence of the committee by choosing people with both financial and non-financial backgrounds.

Works Cited

Al-Saeed, Motaz Amin, and Soud M. Al-Mahamid. “Features of an Effective Audit Committee, and Its Role in Strengthening the Financial Reporting: Evidence from Amman Stock Exchange.” Journal of Public Administration and Governance 1.1 (2011): 39-63. Print.

Al-Zarouni, Abdulkareem. Corporate Financial Disclosure in Emerging Markets: The Case of The UAE. Diss. Griffith University, 2008. Web.

Emirates Integrated Telecommunications Company PJLC. Audit Committee – Terms of Reference. n.d. Web.

Gebba, Tarek Roshdy. “Corporate Governance Mechanisms Adopted by UAE National Commercial Banks.” Journal of Applied Finance & Banking 5.5 (2015): 23-61. Print.

Gomes, Ian. Audit Committee Effectiveness Comes from Members Understanding Their Roles. 2015. Web.

KPMG. Audit Committee Survey: GCC Countries. 2014. Web.

Muqattash, Riham Suleiman. “Audit Committees Effectiveness and its Impact on the Objectivity of the Internal Auditors: Evidence from United Arab Emirates.” Research Journal of Finance and Accounting 4.16 (2013): 23-31. Print.

Odeh, Ahmad Abdul Fattah. Exploring the Quality of SME Audits in the UAE. Diss. United Arab Emirates University, 2015.

The Audit Committee: Internal Audit Oversight. n.d. Web.

Scope of Bargaining

Labor unions are important pillars of any democratic society. They play a leading role in collective bargaining to promote the economic welfare of employees and resolve conflicts that may arise between employees and their employers. In democratic societies, all employees have a right to bargain collectively (through a union). However, this right has a defined scope as defined by different legislations and state statutes.

In particular, the labor law defines the scope of collective bargaining. It states that employees “written collective bargaining agreements shall cover all employment relations” (Davidov, 2002, p. 358). Employers and employee representatives can bargain for work hours, wages and terms of employment. Wages encompass salaries, retirement benefits, mileage, and overtime compensation while work hours cover daily work hours and duration of lunch breaks among others. Terms of employment cover extra-curricular activities, promotions, leaves, transfers, and workload among others. Both parties are expected to bargain in good faith and all agreements should be acceptable to both parties. The labor law further states that collective bargaining for public education employees shall cover employer decisions that affect employees. The same statute prohibits collective bargaining on hiring, promotion or dismissal of employees and staff recruitment practices.

Topics of Bargaining

The labor act classifies the subjects of bargaining into three types; mandatory, permissive and prohibited/illegal subjects. Mandatory subjects refer to topics that the employer must first discuss with employees or their representatives in collective bargaining before making any decision touching on these topics (Galloway, 2005). Topics are accepted as mandatory based on facts that are specific to a given situation. Thus, mandatory subjects including wages, work hours and work conditions rarely vary from state to state.

Permissive topics refer to other subjects that the employer may or may not agree to discuss with employees. The labor board allows for bargaining on permissive topics where the employer has the liberty to consult with the employees or make unilateral decisions about these topics provided that the decisions do not affect the mandatory topics. However, when employer decisions touch on mandatory subjects, the employees through their union can seek compensation. Permissive Topics include criteria for employee evaluation, arbitration procedures and rules for negotiations among others.

Various legislations and the labor act specify the subjects that the employer is not permitted to discuss with the employer. These are called prohibited subjects. The employees or their associations are not allowed to engage in collective bargaining over these subjects. They include employee hiring, dismissal, and policies that affect the work environment. Kirkpatrick’s model states that although policies like video conferencing may be adopted in the workplace, for the technology to work, the management should first seek the user’s approval (Galloway, 2005). Galloway (2005) further suggests that Kirkpatrick’s first level, a survey to gather employees’ opinions regarding the program will enable the employer to “determine whether the participants find the program valuable or not” (p. 22). Based on the survey findings, managers can evaluate an organization’s training policies. Though training policies are classified as prohibitive subjects, managers must involve employees to effectively evaluate new programs.

Impasse Resolution

Employee representatives and employers are required to adopt the impasse resolution procedure. If an impasse arises in the course of a negotiation i.e. if both parties fail to agree on a mediator, either the employee representative or the employer can request the local labor board to appoint a new mediator. The mediator shall help in resolving the dispute as negotiations proceed. However, if the mediation lasts for thirty days and the dispute remains unresolved, either the employee representative or the employer can petition the federal mediation and conciliation service for an arbitrator. Both parties will choose one arbitrator by striking out the names from a list of seven arbitrators presented to them (Galloway, 2005). The arbitrator selected by both parties will make the final decision regarding the dispute.

Within thirty days after the arbitrator has been selected, he or she will make a final decision. The arbitrator usually employs a role-reversal technique to allow either party to react to the issue. The arbitrator helps the parties define their position about the impasse issue and suggests solutions to the problem. Also, the arbitrator’s decision must be based on one of the last offers of either party. The arbitrator’s decision is subject to review based on the provisions of the Uniform Arbitration Act. If the impasse continues after the mediation period, the law provides that the existing contract will continue to be in force.

The Impact of Right to Work Law

The “right to work” (RTW) law protects employees from paying dues or joining a trade union, as part of employment terms and conditions. Its proponents argue that RTW laws attract investments, create employment opportunities and lead to higher employee wages. However, critics argue that RTW laws hurt trade unions and affect collective bargaining leading to low wages and poor standards of living.

A study by Baird (1998) found out that RTW laws affect “unionization of employees resulting in a decline in the percentage of employees willing to join unions by up to eight percent” (p. 473). The main problem with RTW laws is that most people will benefit from the services of unions without paying dues. Most unions prefer to bargain only for its members. However, members-only trade unions only weakens the collective bargaining power of unions as it locks out eligible employees from joining the unions.

References

Baird, C. W. (1998). Right to Work Before and After 14 (B). Journal of Labor Research, 19(3): 471-494.

Davidov, G. (2002). The Three Axes of Employment Relationships: A characterization of Workers in Need of Protection. Industrial and Labor Relations Review, 52(9): 357-359.

Galloway, D. (2005).Evaluating Distance Delivery and E-learning: Is Kirkpatrick’s Model Relevant? Performance Improvement, 44(4), 21-27.

The four key forms of business organization include sole proprietorship, partnership, corporation, and limited liability company–each having several distinct characteristics predetermining legal, financial, and other issues. Thus, it is highly important to choose an organizational structure thoroughly as each of them has certain advantages and disadvantages that have to be considered in advance to avoid later complications (Burke, 2017).

Advantages and Disadvantages of the Four Forms of Business Organization

Sole Proprietorship

A Sole Proprietorship is a kind of business that has only one owner who employs workers if necessary. It is the most primitive and widespread form of organization characterized by: a single owner, small size and easy management, unlimited liability, and simplicity in opening and dissolving a business (Burke, 2017).

The advantages are (Burke, 2017):

• It is the cheapest and the simplest type of business that can be easily started and dissolved.
• The owner of the business is free to follow his/her strategy.
• The owner receives the whole profit (if he/she does not employ anyone).
• There are not so many regulations that this business has to follow.
• The owner does not have to pay corporate income taxes.

The disadvantages are (Burke, 2017):

• The owner cannot share responsibility with anyone else.
• The owner must invest his/her savings into the business. Since there are lots of sole proprietors, it is rather hard to raise capital.

Partnership

A Partnership is a form of organization owned by two or more people who are referred to as partners. It has three major types: general partnership (divided liability and responsibilities of partners), limited partnership (with one general partner and one or more partners having limited liability), and limited liability partnership (with no general partners) (Daft, 2015).

The advantages are (Daft, 2015):

• Although a significant amount of time is required to develop a partnership agreement, it is still rather easy to do.
• Since there are several investors, it is easier to make a profit.
• Partners do not have to pay corporate income taxes.
• It is not difficult to find employees as they are attracted by a chance to become partners.

The disadvantages are (Daft, 2015):

• Partners have to reach a compromise in obligations.
• Conflicts and disputes are inevitable and may threaten success.

Corporation

A corporation is an organization with limited liability that has numerous shareholders and is controlled by a board of directors (distinct from its owners). There are several types of corporations: S-Corp (up to 100 investors), C-Corp (any number of investors), and non-profit corporations (Daft, 2015).

The advantages are (Daft, 2015):

• Selling stocks brings additional profit to the organization.
• The ownership can be easily transferred to another person by selling one’s share.
• The value of one’s stock determines this person’s liability.

The disadvantages are (Daft, 2015):

• This form of organization is closely watched by various governmental agencies and has to follow a lot of regulations.
• Shareholders have to pay both personal income taxes and corporate ones.

Limited Liability Company

A limited Liability Company (LLC) is a private organization with owners who bear legal responsibility for its losses only to the extent of their investment (Burke, 2017).

The advantages are (Burke, 2017):

• LLC is more stable than corporations and partnerships.
• In case of losses, liability is limited.
• Ownership can easily be transferred.
• LLC usually attracts investors.
• LLC has few corporate formalities to observe.
• Tax flexibility is greater than in corporations.

The disadvantages are (Burke, 2017):

• It is a lengthy and complicated process to start LLC.
• Owners are subject to double taxation.
• Speculation on the stock exchange may produce a negative impact on stakeholders.

Business in Colorado

The business I am going to start is a network of small shops that will offer consumers organic, chemical- and preservative-free food and beverages (including delivery service), that will make an alternative to products in supermarkets. Since the purpose of the business to provide elite, high-quality products with a short life, it would be reasonable to opt for partnership as it would make it easier to organize delivery services. To start my business in Colorado, I must (Steingold, 2015):

• register it for an unemployment account;
• pay premiums depending on the form of business organization;
• submit premium and wage reports;
• ensure the proper classification of workers (employees or independents contractors);
• verify their compensation coverage;
• verity compliance with minimal wage and pay regulations.

Partnerships in Colorado have to meet the following requirements (Steingold, 2015):

A business name must be chosen before any legal action.

• A Statement of Trade name has to be filed.
• Partners must have a signed agreement.
• All required licenses, permissions, certificates, and zoning clearance have to be obtained.
• Partners must have an Employer Identification Number.
• Partnership requires a business bank account to keep business and individual finances separate.
• Any business has to obtain general liability insurance against unpredicted events.
• After the business is started, taxes have to be paid in due time.

Three alternative forms that I consider are:

• Sole Proprietorship (since it would allow me to avoid excessive red tape and save costs);
• Limited Partnership (as it would be reasonable to limit the liability of a partner by the extent of his/her investment);
• LLC (since according to the laws of the state, it provides personal protection of liability and pass-through taxation).

The only type of business entity that will not suit my idea is corporation since the business is aimed to fill a small niche in the market and has a particular target customer.

References

Burke, W. W. (2017). Organization change: Theory and practice. Thousand Oaks, CA: Sage Publications.

Daft, R. L. (2015). Organization theory and design. Boston, MA: Cengage Learning.

Steingold, F. S. (2015). Legal guide for starting & running a small business. Berkeley, CA: Nolo.

Introduction

Information technology has become an integral part of modern society because every activity virtually has a component of information technology. The use of information technology has given way to the emergence of legal and ethical issues that govern its use in various aspects of society. Legal and ethical issues include piracy, hacking, vandalism, spamming, plagiarism, and abuse of social sites. For people to use information technology appropriately, they must comply with various legal and ethical requirements lest they risk facing dire legal and social consequences.

According to Waring and Buchanan (2010), when an individual decides to use social networking sites, legal and ethical issues that touch personal and professional life arise in the process. Moreover, the use of pirated music or software has serious legal and ethical implications emanating from copyrighted materials. Hence, one must be extra careful when using information technology because it has serious implications in the aspects of law and ethics. This essay analyses three case studies and examines their legal and ethical implications in the use of information technology.

Ethical Aspect of IT

Information technology has become an integral component of modern society, for everybody is using it in day-to-day activities. Since information technology demands personal details, it raises the issue of privacy and confidentiality. The right to privacy is an inalienable right even in the realm of information technology, and fundamentally, everyone should enjoy it. However, information technology gadgets have unique serial numbers that identify each user. The serialization of gadgets implies that the extent of privacy and confidentially depends on Internet service providers and companies that have websites.

Without proper laws and regulations on the part of the Internet service providers and companies owning websites, privacy, and confidentiality of Internet users is not guaranteed. For instance, in the first case study, the Federal Bureau of Investigation managed to track and monitor what Ferrer was doing through his website. When searching for information on the Internet, one must be careful not to infringe on personal privacy (Waring & Buchanan 2010). Hence, if the Federal Bureau of Investigation has the capacity to track and monitor what people are doing on different websites or social sites, it means that the Internet does not provide essential privacy and confidentiality.

The use of information technology has enhanced the accessibility and use of information in society. Access to the information is a social right that every government is struggling to provide to its citizens. The right to access information has ethical implications because the source of information has copyrights. Moreover, accessibility to information depends on the nature and purpose of the information. Usually, governments collect demographic and economic data and then present it to the public for purposes of planning. Such a form of information is helpful in society; hence, people must have access to it. However, other information like criminal investigation or terrorism data is too sensitive for the public to access.

Although people have the right to access information, they have limited access to sensitive information that can trigger public uproar. In the second case study, although people can freely download music from the Internet, they risk being an accomplice of pirates. Waring and Buchanan (2010) assert that there are no trenchant lines between organizational information and private information. This means that one should exercise discretion in accessing and utilizing information from the Internet.

Intellectual Property

Copyright laws protect information or software that people use based on intellectual property laws. Copyright laws are indispensable as they enable people to earn from their intellectual property. Without copyright laws, pirates would duplicate information or software and use the pirated stuff in business to gain profit, while the owners incur immense losses. In the first case study, Ferrer pirated copyrighted software worth 20 million dollars, thus causing enormous losses to the software companies. Ethically, Ferrer was stealing from the software companies to make personal profits, which is quite unfair. Moreover, Ferrer’s website increased competition in the software markets because he sold pirated software at prices that are considerably below the retail prices. According to Jamil and Zaki (2011), the illegal distribution of pirated software has cost software companies a vast amount of money worth billions of dollars. In this case, Ferrer used the intellectual property of others as his own property to make millions of dollars.

The use of intellectual property as one also pleases unethical because it hurts the property owners. Since music, software, and other forms of information are intellectual properties, only the owners have the right to distribute the music according to market demands while aiming to sell and make a profit. However, when a third party starts distributing copyrighted materials at no cost, it reduces the market demand for the materials. In the second case study, Napster is providing copyrighted music for Internet users to download freely. If Internet users can access music freely by simply downloading, it means that copyrighted music is no longer an intellectual property. Jamil and Zaki (2011) state, violation of copyright laws involves “copying, downloading, sharing, selling, and distribution of copyrighted materials” (p.3467). Therefore, Napster has violated copyright laws by copying, downloading, and distributing copyrighted music.

Software Piracy

Software piracy has legal and ethical implications on the pirates and users of pirated software. Software piracy involves “unauthorized usage or distribution of the software without a license or through over permitted license” (Jamil & Zaki 2011, p.3467). Violation of copyrighted software can result in a civil or criminal case. An individual is liable for a civil case if found using pirated software. The criminal case occurs when a person cracks and produces copies of the software for personal gains. In the first case study, Ferrer is guilty of a criminal offense because he pirated software worth 20 million dollars. Furthermore, Ferrer produced copies of the software, serialized, and packaged them well by including trademarks of legitimate companies to dupe users.

Software piracy has serious consequences on software companies, pirates, and end-users. Since software companies aim at making a profit and controlling their software, piracy robs software owners of billions of dollars. According to Moores and Esichaikul (2010), “global counterfeiting and piracy are estimated to cost the U.S. economy $200-$250 billion a year and subsequently cause loss of over 750,000 job opportunities” (p.1). In the case study, Ferrer made the software companies lose 20 million dollars. However, when the FBI caught him, Ferrer was guilty of piracy, and he faced serious legal consequences since the FBI confiscated his property, received a sentence of six years under community service, and compelled to pay 4.1 million dollars in restitution for massive losses that the software companies incurred.

Music Piracy

Music is an intellectual property that copyright laws and regulations protect from piracy. Despite the fact that copyright laws and regulations prevent piracy of music through copying, sharing, distribution, and selling, individuals violate these legal requirements daily as they download and transfer music from one source to another (Jamil & Zaki, 2011). The second case study shows that Napster is providing free music to Internet users to download freely. Napster operates on the premise that searching and downloading music freely from the Internet is legal so long as the Napster members do not make any profit. Thus, it means that copyright laws allow people to upload and download music from the Internet as long as they do not use the music in profit-making deals.

Napster’s argument that downloading free music from the Internet is legal conflicts with copyright laws and is unethical altogether. Music is an intellectual property that requires protection from abuse by users for the owners to benefit from their artistic knowledge. If it is legal to download copyrighted music freely from the Internet, it means that musicians will not reap much from their talents. Piracy causes enormous losses because it deprives individuals and companies of their intellectual property (Moores and Esichaikul 2010). Thus, allowing third parties to distribute copyrighted music freely will destroy the music industry, as consumers will not have a reason to buy music when they can easily download it freely from a given website on the Internet.

Should Music be Free?

Music should not be free on the Internet as music is a profession that sustains the lives of many people. If music becomes free on the Internet, how will the musicians sustain their lives economically? Musicians who cannot earn from their profession will not perform well. Consequently, the music industry will deteriorate, as it will not be a lucrative business activity for one to venture and make meaningful profits. Thus, making music free of charge on the Internet is one way of destroying the music industry, and musicians will not foster their talents and grow professionally.

Moreover, allowing music to be free on the Internet has legal and ethical implications on intellectual property and copyright laws. Music is an intellectual property that copyright laws should protect. However, making music free on the Internet questions the essence of copyright laws. How can copyright laws protect other intellectual properties and segregate music without condoning inequity? It is impossible to apply copyright laws unfairly to copyrighted music. Hence, music should not be free on the Internet by whatever means.

Cyber Bullying

Cyberbullying has far-reaching impacts on the lives of people. By using social sites on the Internet, bullies have perfected their skills in intimidating people even if they are out of reach physical. Bullies usually publish offensive comments or pictures aimed at intimidating their victims. The offensive material is usually traumatizing and can haunt the victim to the point of committing suicide. The third case study confirms that a person can commit suicide following trauma from cyberbullying.

Mostly, cyberbullying affects adolescents because they are the majority of social sites users, and are still naïve. According to Zaidieh (2012, p.18), “social networking has a vital influence on our lives” because it has psychological influence. Cases of bullying are common among youths since bullies are taking advantage of youths’ innocence and vulnerability to bullying. Bullying of young children makes them develop fears about social issues, which ultimately affects their growth and development.

Social Networking Sites

Although social networking sites have many advantages, they also have some disadvantages. One of the disadvantages of social networking sites is that one has no guarantee of privacy after joining the sites. Zaidieh (2012) argues that users of social networking sites have reservations about their privacy. To overcome the issue of privacy, many users register in these sites using fake names to protect their privacy. Although social networking sites have privacy settings, most users are unable to use them appropriately, thus displaying their private information to the public. The third case study depicts a situation where an employee failed to safeguard the privacy of her Facebook postings.

Another disadvantage of social networking sites is that socialization takes much time for the user and causes physical and psychological problems. Zaidieh (2012) states, “social networking sites have an effect on the health of individuals because spending a lot of time browsing these social networks can affect the way the genes operate within the human body, weaken the immune and hormone levels, and affect the function of arteries” (p.19). These effects lead to poor health conditions and consequently cause physical disabilities. Moreover, too much use of social networking sites leads to addiction, which is a psychological problem. Addiction affects the learning abilities of students or productivity workers because people spend much of their time on social sites.

Conclusion

The use of information technology has become an indispensable part of modern society. Although information technology has increased access to information and communication, it has legal and ethical implications as well. Legal and ethical implications emerge as Internet users utilize software, music, and other information, which constitute intellectual property and thus require protection by copyright laws. Moreover, social networking sites are prone to cyberbullying or professional misconduct. Hence, users of social networking sites should be cautious lest they become victims of cyberbullying or guilty of professional misconduct.

Reference List

Jamil, D & Zaki, H 2011, ‘Software piracy does not hurt anyone?’, International Journal of Engineering Science and Technology, vol. 3 no 4, pp. 3467-3471.

Moores, T & Esichaikul, V 2010, ‘Socialisation and software piracy a study’, Journal of Computer Information Systems, vol. 12 no. 1, pp.1-9.

Waring, R & Buchanan, R 2010, ‘Social networking websites: The legal and ethical aspects of pre-employment screening and employee surveillance’, Journal of Human Resources Education, vol. 4 no. 2, pp. 14-23.

Zaidieh, A 2012, ‘The use of social networking in education: challenges and opportunities’, World of Computer Science and Information Technology Journal, vol. 2 no 1, pp.18-21.

An offer is largely a promise that is conditional in nature. However, it is vital to mention that an offer is not mandatory because the participating party on the other side may either accept or reject it. In addition, an offer reveals or shows that the concerned party is willing to give out a certain entity based on some given conditions. This implies that a bargain is allowed whenever an offer is placed for the first time. The element of a bargain also creates an opportunity for another party to enter into a loose contract, and thereafter be able to bargain the offer and arrive at a valid conclusion (Fehr, Hart & Zehnder, 2011).

A present intent statement is a major requirement for any placed offer. The latter refers to a solid proposal or standing point upon which the contract is supposed to be built. The identified offeree must also receive adequate communication regarding the offer at hand. In other words, establishing the basis or framework of a contract demands a prospective offeree, and of course a valid statement of intent.

At this point, it is also vital to distinguish offers from aspects such as initial bargaining phase, welcoming bidders, and marketing the available offer. These elements do not possess any intention to form binding agreements. A contract can never be formed when such aspects are responded to by the likely buyers. When there is a desire to invite offers from customers, a prospective list of available products, cost estimates, and marketing may be used. Inadequate stock can be a major setback when making offers, and that is why the courts usually prefer the same interpretation. This implies that sufficient stock must be in place before any offer can be made (Bayern, 2015).

Invitation for offers may include activities such as construction of new structures, request for bids, or advertisements. Nonetheless, when a bid is submitted, it is tantamount to an offer. In the event that the bid is accepted by the offering party, it eventually develops into a binding agreement.

Errors might also arise when submitting offers. For example, when an offer is mistakenly submitted by a telegraph company, the law will hold the individual who opted for that channel of communication liable for the mistake. Even in the case of acceptances, the same law is still applicable (Anson, Beatson, Burrows & Cartwright, 2010). The company that sends a dispatch note for the offer is merely presumed as an agent.

Terminating an offer

After the specified period of an offer has expired, it may be terminated. In offers that do not have set expiry periods, a convenient expiry time may be chosen for termination. When it comes to a reasonable time, it delves into common sense in such a way that the offer can be terminated after a particular period lapse upon which it is considered to be adequate to accept an offer.

An offer can also be outdated owing to lack of formal communication after the demise or psychological problems of the concerned persons. However, a binding contract is considered to be in place if an offer was agreed upon on an earlier date before either party became insane or died (Anson et al., 2010). Other aspects that can also lead to the termination of an offer include supervening illegality of the suggested agreements, cumbersome conditions that impede the execution of a contract, and spoilage of the subject under discussion.

Irrevocable offers

Both parties can enter into an agreement and concur that an agreed offer should remain irrevocable for a given period under the stated terms and conditions. Hence, within the agreed period, the allowed option becomes a right. Therefore, the general rule is not included for offers that fall under this category. Considerations forwarded by the offeree are binding and hence, the offer cannot be withdrawn by the offeror.

Rejection of an offer

The first instance whereby an offer can be rejected is when the other party demonstrates unwillingness to accept the given offer. For instance, a counter offer may instigate rejection of an earlier offer. In this case, a counter offer acts as a formal way of refusal towards the offer. Consequently, the offer may be subjected to further advertisement in order to invite or welcome more bidders. Nevertheless, if an offeree feels that a counter offer should not hinder the earlier progress of the offer, then the latter can continue with the process (Becker, Connolly & Slaughter, 2010).

No liability is attached to the party who initially made the offer after the later has been rejected. The same offer cannot be transformed into an agreement by the person rejecting it.

Acceptance

In the case whereby an offer goes through, it is a requirement for the offeree to append his or her signature. In other words, the acceptance style should be agreed upon by both parties. An offeree must understand the terms of the offer for the offer and acceptance to be valid. Nonetheless, a valid acceptance can still be terminated. This type of termination must have been initially bargained against, or stems from an offeree’s action. A promise is not a valid way to accept an offer. It demands an offeree to act so that the other party can fully understand the intention. Hence, the intended performance notice is necessary.

After the reception of an offer by an offeree, the offer becomes effective as it is the case with bilateral contracts. After this instance, an offer can be revoked (Becker et al., 2010). The way acceptance can appear effective is only upon dispatch. This is referred to as the mailbox rule. The rule remains to be valid regardless of what happens to the acceptance during dispatch and delivery. The only way the majority rule may be introduced is using correct address and clearing postage fees before the dispatch.

If the offeror implicitly authorizes the acceptance mode to be used, the acceptance is considered valid after it has been dispatched. However, it is vital to mention that the effectiveness of this acceptance can only remain valid if postage is paid and a correct mailing address is used (Jalil, 2011).

After receipt, an acceptance that was once revoked or rejected becomes effective. However, an acceptance that is defective or delays is considered to be a counteroffer. Unless it is accepted by an offeror, it cannot form any binding agreement.

Requirements laid out in the offer must be compatible with the acceptance in cases whereby agreements do not entail selling goods. Besides, no single element should be ignored from the requested performance or promise. In addition, silence, conduct or acts of the offeree can be used as key indicators to infer or deduce that the offer has either been accepted or rejected.

Acceptance is compliance with the terms of a given proposal. It is an essential declaration of intent that completes a contract because when an agreement is accepted, the offer becomes a contract. Acceptance is therefore, the formulation of a consistent will in form of an agreement which shows that a conclusion has been reached (Becker et al., 2010).

Counter Offer

To produce the effect of improving a contract, the acceptance must be pure and simple. As the proposal loses the binding force after expiry of a deadline given by the applicant, the subsequent manifestation of the requested offer does not compel the latter because it has not been accepted. The same is true when the offer is not accepted in full and consequently leading to restrictions or modifications. An acceptance can be:

• Express: Results from accepting the statement expressing the given consent.
• Tacit: Stems from the conduct and reveals the consent between two or more parties.

For example, a vendor usually sends products to a particular merchant and without confirming the order, makes the payments. This is an established commercial practice (Anson et al., 2010). If the latter, at some point, wants to stop it, he/she must give prior notice to the supplier. Otherwise, the vendor may be required to pay new shipment on the same basis. It is also customary to mention the case of a tourist who sends a fax to a particular hotel to reserve accommodation and clearly stating that his arrival will be on a certain date if no further notice is received.

References

Anson, W. R., Beatson, J., Burrows, A. S., & Cartwright, J. (2010). Anson’s law of contract. New York: Oxford University Press. Web.

Bayern, S. J. (2015). Offer and Acceptance in Modern Contract Law: A Needles Concept. Cal. L. Rev., 103, 67. Web.

Becker, W. J., Connolly, T., & Slaughter, J. E. (2010). The Effect of Job offer Timing on offer Acceptance, Performance, and Turnover. Personnel Psychology, 63(1), 223-241. Web.

Fehr, E., Hart, O., & Zehnder, C. (2011). Contracts as reference points—-experimental evidence. The American Economic Review, 101(2), 493-525. Web.

Jalil, M. A. (2011). Clarification of rules of acceptance in making business contracts. Journal of Politics and Law, 4(1), 109-122. Web.

Background and the Context of the US

The laws that control civilian gun ownership vary in different countries, and the history of such legislation is most often connected to notorious tragedies that involve weapons. For example, the modern Canadian gun laws are the result of the massacre at the Montreal engineering school which led to the death of 14 students at the hands of their peer. In Australia, the laws were tightened twice during the second half of the past century, both times after a similarly horrific shooting (Masters par. 12-14). In the UK, the incident in Dunblane (1996) was of consequence: after a middle-aged man had shot 16 children with legally purchased weapons, the government banned handguns (Masters par. 22). In Japan, gun laws are also quite strict, but they are believed to be the result of demilitarization after World War II (Masters par. 26-28).

On the contrary, bearing arms is an “individual right” of the US citizens (Masters par. 3-4). This right was granted to the people by the Second Amendment to the Constitution, according to which arming people (“militia,” which at the time equaled to all able-bodied males) is necessary for the “security of the free State”(Doeden 18). Apart from that, such a measure was meant for the protection of the people from the state tyranny. Since owning arms is a constitutional right, the US resists severe gun control rules, even though there are restrictions that depend on the state (for example, mental disabilities, substance abuse, former law infringements). In general, licensed gun vendors are expected to conduct background checks on their potential customers to ensure security; federal regulations do not ban high-capacity magazines and semiautomatic arms (Masters par. 3-4, 9).

As a result, the US has a disproportionate (when compared to other countries) number of civilian-owned guns that may amount to 35% of those owned by all the civilians of the world (Masters par. 5). The number of firearm homicides is corresponding: the US has the highest rate of them among developed countries. It logically follows that massacres occur in the US as well, and they tend to stir the debate over the extremely liberal gun control in America. For example, in 2015, nine people were killed in a shooting in Charleston, South Carolina, and 14 people died in San Bernardino, California in a similar situation (Masters par. 2). In anticipation of a new surge of debates, this paper dwells on the issue by considering the two opposing viewpoints and proposing a possible solution that could appease the opponents.

Viewpoints

The most common viewpoints on the issue include pro-gun ideas and pro-control ones. It would be an overestimation to claim that these two viewpoints are in any way homogeneous, but in this paper, they are going to be simplified and summarized. Pro-gun Dr. Kates insists that gun control has no direct consequences for safety but infringes the protection rights that can be traced back to the Second Amendment. Pro-control Dr. Boylan maintains that the sheer power of firearms requires control. Similarly, the position of John R. Lott, the author of the book “More Guns, Less Crime” is strongly against gun control enhancement, while Glenn Beck, Kevin Balfe, and Hannah Beck devote a book to the rebuttal of common pro-gun arguments. Here, the key arguments for both opinions will be presented and compared to illustrate the real-life dynamics of their coexistence.

One of the primary pro-gun argument consists in the fact that the Americans were given this right for a reason: the more there are guns, the less there are crimes. Lott provides a number of examples of people saving themselves and their families: elderly women fending off robbers, women scaring away potential rapists by brandishing the guns and not wounding anyone (1-3). Lott also points out that the statistics of these cases is likely to be incomplete: they are often not reported since there is nothing to report. Other stories also involve shooting assailants. For example, a woman from Atlanta killed a man who was trying to kidnap her and her baby daughter. This situation may be considered a more controversial issue, but it still proves the point that guns defend victims. According to Lott, a firearm significantly increases the chances of a victim to survive. Female victims are four times as likely to escape with a gun than without it; for men the figure equals 1.5 times (Lott 3).

A similarly basic argument of the pro-law group is equally simple and irrefutable: as pointed out by Beck, Balfe, and Beck, “guns are lethal” (3). The authors place a full stop after this argument, and their point is very clear: guns kill people. A legally acquired gun can be used for crime by a law-abiding citizen without and with intent or stolen by a criminal. A gun in a domestic quarrel can result in a tragedy; also, there is the issue of children getting their hands on a piece. For example, Shulman describes the 2015 case of an eleven-year-old boy shooting a three-year-old one after coming upon a handgun in his parents’ closet (342). Finally, there is suicide that is made simpler by the easy access to guns. It might be logical to conclude that gun control has the potential of reducing the number of firearms-related homicide and suicide cases. However, the connection between the access to guns and the related crimes is much more complicated.

To prove the point that gun control does not affect crime rates, Dr. Kates mentions the case of England: in the country, the increasing gun restrictions coincided with growing murder rates (Boylan et al. 3935). This case is the most revealing one that demonstrates the lack of direct connection between gun ownership and crime rates. Other similar cases include Russia: in the state, handguns are banned, but murder rates are four times higher than those in the US. Similarly, in France and Italy, guns restrictions are almost nonexistent, but the murder rates are much lower than that of the US. Likewise, Doeden (who prefers to avoid taking a stance in the debate in his book on gun control) mentions the case of Mexican gun laws: they are much stricter than those in America, but it does not stop criminals from obtaining arms from the illegal market (42). Here, though, it should be pointed out that Dr. Kates speaks about murder rates and does not mention firearms related deaths. Still, according to Dr. Kates, two major studies of the beginning of the century (by the National Academy of Sciences and CDC) have failed to find any evidence to the idea that gun control is capable of reducing “murder, violent crime, suicide, or gun accidents” (Boylan et al. 3936). In other words, gun control is likely to deprive victims of a way to protects themselves, but not the criminals of their weapons.

Dr. Boylan agrees that people have the right to protect themselves, but insists that their choice of the most lethal weapon at hand may be questionable. As Boylan et al. state, “weapon damage coefficient of firearms makes a quantum jump in severity and death” when compared to other forms of weaponry or, in this case, protection (3935). In fact, this “jump” is what makes a gun an “equalizer,” that is, grants the chance of defending oneself to the physically weak: women and elderly people as well as those assaulted by a group of criminals. The point of Dr. Boylan is, this kind of power cannot be left without control.

In answer, Dr. Kates insists that even “law-abiding” gun owners are not going to comply with a ban, which is illustrated by their reluctance to register firearms. Dr. Boylan replies that the difficulties in gun control are not an argument against their introduction. In this respect, a very significant point is made by Beck, Balfe, and Beck: gun control laws (however scant they may be) do exist in the US; the problem is, they are not carried out properly. The background check is controlled by rather strict legislation: lying in the form meant for this check is a felony that can be punished by a prison term of up to 10 years. Despite the danger, the number of such felonies committed during the period of one year amounted to 72,600 in 2010, but of these cases, only 44 were legally pursued (Beck, Balfe, and Beck 155-156). The authors are scandalized by this fact and point out that if a stricter gun law is not an option, the existing one needs to be carried out properly. The opposing groups are unlikely to come to an agreement, which is explained by the complexity of the issue of gun control.

Common Concerns and a Possible Solution

The concerns of the two opposing groups are very similar: they are both troubled by high crime rates and seek a way to protect the people of the US, but they support opposite ways of achieving this common goal. However, as can be seen from the analysis of the viewpoints, the opposing groups agree on one topic: the gun control legislation in the US is not working properly. The pro-gun group uses this argument to insist on the idea that the existing law is pointless and making it harsher is similarly useless: it will not result in crime rates decrease. The pro-law group, on the other hand, insists that the proper management of gun control law should affect the rates of firearms-related deaths at the very least, which, as it was pointed out, are not limited to the crime rates but also include suicide, manslaughter, and other similar issues.

The decision that appears to be logical in this respect consists in improving the control of the gun legislation rather than the gun legislation itself. It is obvious that the disturbing figures of uninvestigated felonies need to be reduced. Such a decision is unlikely to be cheap as it requires increased control over licensed gun vendors that are extremely numerous across the US, but it appears to be among the few solutions that can leave both participants of the debate satisfied. Indeed, the pro-gun group will not encounter harsher rules, and the pro-law one will witness the improvement of the current legislation. After all, it is not the harshness of the law that defines its effectiveness, and since the US gun legislation lacks power, the situation needs to be rectified.

Works Cited

Beck, Glenn, Kevin Balfe, and Hannah Beck. Control: Exposing The Truth About Guns. New York, New York: Simon and Schuster, 2013. Print.

Boylan, Michael, Don B. Kates, Ronald W. Lindsey, and Zbigniew Gugala. “Debate: Gun Control in the United States.” Clinical orthopaedics and related research 471.12 (2013): 3934-6. ProQuest. Web.

Doeden, Matt. Gun Control. Minneapolis, Minnesota: Twenty-First Century Books, 2012. Print.

Lott, John R. More Guns, Less Crime. Chicago: University of Chicago Press, 2010. Print.

Masters, Jonathan. “Gun Control Around the World.” The Atlantic Magazine, 2016. Web.

Shulman, Stanford T. “More Gun Control Ideas.” Pediatric Annals 44.9 (2015): 342-3. ProQuest. Web.