Why is it so Hard to Formulate and Implement U.S. National Security Strategy

Introduction A national security strategy by definition is a document outlining national security issues and the plans or methodology on how to deal with issues. In the US the document is prepared by the executive and then handed over to the congress for discussions. The document gives the main concerns on the US national security and the means to deal with them.Advertising We will write a custom coursework sample on Why is it so Hard to Formulate and Implement U.S. National Security Strategy? specifically for you for only $16.05 $11/page Learn More In the recent years, the US has tried to enhance and improve their security alerts due to the increase in rates of crime as well as their involvement in various wars that expose the country to enemies. This paper focuses on why it is so hard to formulate and implement U.S. national Security strategy. Why is it so Hard to Formulate and Implement U.S. National Security Strategy? The formulation and implementati on of a national security strategy starts by answering a few questions such as who is the enemy, the objectives of the strategy, what is the outcome of a successful strategy, what is to win on security and the evaluation of the risks associated with counter attacks by terrorists (Axe, Malou and Reich 1). The United States has not yet managed to answer these questions which have made it difficult for the nation to formulate and implement a security strategy (Axe, Malou and Reich 1). The changes in leadership have led to difficulties in formulation and implementation of national security strategy because; every president comes with his/her team of policy makers. The new team rather than taking over from where the first team hard reached, it goes back to the starting point. In case a new government comes in before the current team achieves its objectives, the process goes back to the start (U.S. Department of State 1-18). The use of several national security structures that are involve d in matter pertaining to security make the formulation and implementation difficult due to the structures differences and inability to come to a consensus on the issues (JCS 1-8). This even becomes worse if some of the structures proof to be superior to others. This gives support to President Obama idea to merge the National and Homeland Security Councils. Lack of enough anticipation by the US on their enemy makes it hard for them to formulate and implement the national security strategy (Boone 79).Advertising Looking for coursework on homeland security? Let's see if we can help you! Get your first paper with 15% OFF Learn More Similarly, in measuring the outcomes of a security strategy, there must be evaluation of the anticipated outcomes as stipulated in the strategy. The US has been unable to anticipate the outcomes of the national security strategy which have led to difficulties in the formulation and implementation (Seth and Treverton 4-6). Another difficulty fac ed in the formulation and implementation of national security strategy is the financial problems. National security formulation and implementation requires a lot of money which is even worse when a country engages in a war. The US has also faced financial challenges where the government has to spend wisely the taxpayers’ Dollars to prevent the country from financial crisis (Obama 34). One of the main objectives of US security is the reverse of biological and nuclear weapons (Obama 23). This makes it difficult for US in the formulation and implementation of national security strategy as it has risks to the whole world. Formulation and implementation of strategies on this requires a good approach not to jeopardise the world security. Similarly, the advanced technology has enhanced the difficulties in formulation and implementation. The terrorists’ technology has advanced as the security technology advances which make it hard for the security team to counter the terrorist s Works Cited Axe, David, Malou Innocent, Jason Reich. â€Å"Defining Victory to Win a War†. Foreign Policy. 6 Oct. 2009. Web. https://foreignpolicy.com/2009/10/06/defining-victory-to-win-a-war/. Boone, Bartholomees. U.S. Army War College: Guide to National Security Policy and Strategy (second edition). Washington: US Government Press, 2006. Print. Obama, Barrack. US National Security Strategy. Washington: The White House, 2010. Print.Advertising We will write a custom coursework sample on Why is it so Hard to Formulate and Implement U.S. National Security Strategy? specifically for you for only $16.05 $11/page Learn More Seth, Jones and Gregory Treverton. Measuring National Power. Santa Monica: RAND Corporation, 2005. Print. The Joint Chiefs of Staff (JCS). Overview of the National Security Structure. The Joint Chiefs of Staff. Web. U.S. Department of State. Office of the Historians. History of the National Security Council. Washington, Bureau o f Public Affairs, 1947-1997. This coursework on Why is it so Hard to Formulate and Implement U.S. National Security Strategy? was written and submitted by user Axel Allison to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

How to Start a Publishing Company in 5 Steps the 2019 Edition

How to Start a Publishing Company in 5 Steps the 2019 Edition How to Start a Publishing Company in 2019 If you’ve ever watched the reality show Shark Tank, you may have found yourself daydreaming about starting your own business. And if you’re an indie author who’s learning the self-publishing ropes, you might be wondering if you should  start your own publishing business - as opposed to just doing everything under your own name.So before we get to the details of how to start a publishing company, let’s start by addressing that question first: should you start a publishing company? The answer might be yes if you:Are publishing one or more series of books (the hassle of starting a company might not be worth it if you’re looking to publish just one title)Are working in an area with a higher risk of liability (such as health-related or technical books) - or are simply looking for added protection of your personal assetsAre looking to operate as a â€Å"professional† writer (as opposed to a â€Å"hobbyist† writer)Have a concrete brand th at you would like to expand to include similar books by other authorsIf these criteria don’t apply to you, you’re likely better off publishing your books under your own name. But if they ring a bell, then this guide to starting a publishing company is a great place to start.Note: this advice is not coming from legal professionals, and any business ventures should be taken after consideration of local laws and consulting with professionals. What follows mainly applies to starting a company in the United States.Disclaimer withstanding, let’s get started! Should you start your own publishing company? Learn how to answer that question. The benefits of starting your own publishing companyTo help you better understand whether this is the right time for you to start your own publishing company, let’s look at the benefits a little closer.Air of professionalismWhile self-publishing is a major accomplishment that should be viewed with pride, many bookstores and libraries will not stock their shelves with books clearly published by authors. In addition, readers are often less likely to purchase an obviously self-published title as they’d prefer to go with books that have been vetted by publishers - which of course means they’re missing out on some great reads! This is just how author Joseph Alexander grew his own publishing business (and became a self-published millionaire in the meantime). While writing and publishing a series of non-fiction books about learning guitar, Joseph spent a good deal of time building his web presence and learning about branding. His sales began to take off and other musicians began approaching him to publish their own books. As Joseph says, â€Å"We split the profits 50/50. I grew my publishing company and they got great royalties.† His publishing company, Fundamental Changes, now boasts a long list of bestselling titles. Tips for starting your own publishing company #selfpub Tips for starting a publishing companyBefore you can fire up the presses and take the publishing world by storm, there are a few T’s to cross and I’s to dot to give your business the best chance for success.Evaluate your goals to startStarting a publishing company requires authors to fully become an entrepreneur in their own right and is not an endeavor to be taken lightly. If you’re toying with the idea, here are a few questions to ask yourself:Why do you want to start a publishing company?What kind of books do you want to publish?Will you publish your books only, or titles from other authors, too?What income range are you expecting this business to yield?How do you see your business growing in the next year? 5 years? Ten years?These are questions you should readily and passionately be able to answer before you get started, as they will affect your business decisions.Establish your business structureWe know, we know, can’t we just skip ahead to the fun pa rt, like choosing a company name? Not just yet, there’s some important groundwork to be laid first, like deciding exactly what type of company you are looking to start.Businesses come in many shapes and forms. When it comes to publishing in most territories, the main choices are:Sole proprietorship: a business operated and owned by one person. The simplest business form, but not the most risk-free (keep reading).Corporation: a group of people or an organization authorized to manage the company as a single entity. A more complex business form.Partnership: two or more parties contractually agree to manage and operate a businessLLC: provides the protection of assets that a corporation receives with versatility and pass-through tax benefits of a partnership or sole proprietorship (meaning a business taxes can be paid through someone’s personal tax return).Most authors will decide to start their own publishing companies as an LLC or sole proprietorship, as these are the mos t flexible and simple business forms of the bunch. However, our personal suggestion is that you set up as an LLC. As mentioned before, LLCs offer the most liability protection, meaning your personal assets are protected from any debts incurred by the business.For more information on what structure best suits your goals, check out the Small Business Administration.Choose a company nameAfter all that business talk it’s time to have some fun: it’s time to christen your publishing company! Here’s a couple of things to keep in mind when deciding on a name:Branding. What market or niche are you targeting? In which genre does your company publish? These questions will help you refine your company’s brand - and its name should be a reflection of that. If you’re planning to publish middle-grade fiction primarily, choose a name that reflects that. Take a look at other publishing companies to get a sense of how their name reflects their brand.Relatability. W e live in a fast-paced world and your allotted time frame to capture someone’s attention is slim to none. So it pays to be strategic when coming up with a name, and to use words that readers will already be familiar with. If there’s a made-up word you really want to use, ask yourself what it will communicate - if anything - to people at first glance.Keep it short and to the point. Superkalifragilistikexpialigetisch Press isn’t a smart move.Don’t use the word â€Å"Inc.† unless you are actually planning to incorporate your businessFinally, make sure whatever name you choose hasn’t already been taken! Check if the name is already trademarked and then search for the availability of the URL-version on a domain registrar site like GoDaddy.Make it officialJust because you’ve had business cards printed, doesn’t mean your business is live yet. There are still a few more ducks to get in a row. Just to name a few...Obtain your Employer Identification Number (EIN) This is a nine-digit number provided by the IRS that includes information about the state the business is registered in. Think of it a bit like your company’s social insurance number. Learn more here.Set up a business bank account After you’ve received an EIN, you can register for a business bank account which will allow you to keep your business and personal finances separate. This will ensure your personal assets are protected should a lawsuit ever arise (knock on wood, this is just a precaution!) and it will make it easier for you come tax season.Also, consider setting up a PayPal account for online transactions.Set up an accounting system Stifle that yawn, because this is an important, can’t-be-overlooked step! Whether you’re using a free resource like Google Sheets, a paid tool like Quickbooks, or outsourcing accounting work to a professional, nailing your bookkeeping practices down from the start is essential. It will help you track which of your efforts are paying off and ensure you have a record of all expenses which will be handy for tax write-offs.Here are a few pieces of accounting software that might come in handy:Quickbooks. With over 4.8 million users worldwide, it’s one of the most popular accounting applications. While it has a vast number of tools for all kinds of business (brick and mortar, e-commerce, home-based, etc.), it caters especially to small businesses.Freshbooks. A great option for invoicing needs, it allows users to easily add billable time and expenses, customize the look of the invoice, and set up recurring invoices, automatic payment reminders, and late fees.Zoho Books. This is a good option for very small businesses looking for a simple solution. It offers basic accounting features, with the option to integrate and access advanced tools as your business grows.Wave Financial. If you’re looking for a free option, this might be your best bet. It doesn’t have any bells and whistles, but it does offer no-charge, cloud-based accounting functions designed specifically for small businesses.Register your domain name When people want to know more about your company, it’s likely their natural response will be to Google it. A website is the best way to capture those interested leads and to tell people more about your business. Again, we recommend GoDaddy for this.Grow your teamTrust us, your publishing company will only get by with a little help from some friends. Professional ones, hopefully, with lots of experiencing in publishing. Growing your team is especially necessity if you want to become one of the big players in publishing.Launching successful titles comes with a lot of specialized work, such as editing, cover design, interior formatting, web design, marketing, etc. Luckily you can turn to online marketplaces (such as Reedsy!) to hire those services - and you don’t need to break the bank at the same time. One of the benefits of starting a publishing company these days is that you can keep things pretty lean by building a network of freelancers you trust, without getting tie d down to a head-count.And you won’t be alone: more and more traditional publishers are looking to freelancers to help develop books.We hope this information helps you decide whether starting a company is the right path for you, and, if so, how to start a publishing company that hits the ground running.Starting a business comes with its fair share of ups and downs; learnings and mistakes. If you’ve started your own publishing company, help spread the knowledge by sharing your experiences! And, as always, any thoughts or questions are encouraged in the comments below.

Case Briefing and Problem Solving

doesn’t owe an ethical duty to remove the product from the market unless the company doesn’t warn its customers of the danger they can meet upon misuse of the product. If the company takes all the measures to warn their customers of the danger of the product once it’s misused, customers have knowledge of the risk and voluntarily assume it. For example, the use of any antibiotics with the alcohol can lead to many harmful processes and activities. Nevertheless, pharmaceutical companies don’t remove these products from the market because of that. It’s a customer’s responsibility to use the product properly. Case problems 8–1 Business Ethics. Jason Trevor owns a commercial bakery in Blakely, Georgia, that produces a variety of goods sold in grocery stores. Trevor is required by law to perform internal tests on food produced at his plant to check for contamination. Three times in 2008, the tests of food products that contained peanut butter were positive for salmonella contamination. Trevor was not required to report the results to U. S. Food and Drug Administration officials, however, so he did not. Instead, Trevor instructed his employees to simply repeat the tests until the outcome was negative. Therefore, the products that had originally tested positive for salmonella were eventually shipped out to retailers. Five people who ate Trevor’s baked goods in 2008 became seriously ill, and one person died from salmonella. Even though Trevor’s conduct was legal, was it unethical for him to sell goods that had once tested positive for salmonella? If Trevor had followed the six basic guidelines for making ethical business decisions, would he still have sold the contaminated goods? Why or why not? The issue in this case problem is whether Trevor’s actions were unethical. In my opinion it was unethical for Jason Trevor to sell goods that had once tested positive for salmonella. Salmonella is a bacterium that can cause many illnesses. Two basic ethical approaches can be applied to this case. Firstly, Trevor should’ve thought about his customers from the religious position. He could’ve foreseen that products positive tested on salmonella would harm people inevitably. Secondly, he had to consider the outcome of this sale. He didn’t think about the consequences that can follow. He acted negligent by letting his employees ship the products to the retailers. If Trevor followed the six basic guidelines for making ethical business decisions he would not have sold the contaminated goods to the public. Having five people seriously ill and one person died because of the contaminated products harms the name of the brand associated with this incident. Thus, company loses its customers and, as a result, part of the revenues. I think Trevor also should feel guilty about what happened to those people meaning that on the Conscience step, which is the 4th guideline, he would’ve reconsidered his actions and probably changed his mind. I guess he would’ve not been happy to be interviewed about the actions he was about to take. And the next step, which is Promises to his customers, would’ve made him doubt his decisions because of the trust of the customers that he held in his hands. And I am sure Trevor’s hero would not have acted the way that can harm people. Thus, Trevor would not have sold the contaminated goods had he followed the basic guidelines for making ethical business decisions. Brody v. Transitional Hospitals Corporation United States Court of Appeals, Ninth Circuit, 280 F. 3d 997 (9th Cir. 2002). http://caselaw. findlaw. com/us-9th-circuit/1019105. html FACTS Jules Brody and Joyce T. Crawford filed a class action complaint against Transitional Hospitals Corporation (THC) and its officers on August 28, 1997 accusing THC of unlawful insider trading after THC bought 800,000 shares of its stock between February 26 and February 28 without first disclosing that Vencor and other parties had expressed interest in THC. In addition, Brody and Crawford claimed that THC, in its March 19 and April 24 press releases, materially misled them about THC’s intention to sell the company. The district court granted the defendant’s motion to dismiss the claims. The plaintiffs appealed to the US Court of Appeal, Ninth Circuit. ISSUE Are Brody and Crawford the proper plaintiffs to sue THC for damages for violation of the statute and rule? regarding the insider trading? DECISION No. US Court of Appeal, Ninth circuit, affirmed the district court’s decision to dismiss Brody and Crawford’s complaint for failure to state a claim upon which relief can be granted. REASON The Court noted that plaintiffs did not meet a contemporaneous trading requirement, a judicially-created standing requirement, which specified in Section 14(e) and Rule 14e-3 that the plaintiffs must have traded in a company’s stock at about the same time as the alleged insider. In addition, the Court decided that the plaintiffs’ complaint must specify the reason or reasons why the statements made by THC in its press releases were misleading. Brody and Crawford argued that in order for statement not to be misleading, â€Å"once disclosure is made, there is a duty to make it complete and accurate†, for which the Court found no support in the case law. The case law? only prohibits misleading and untrue statements, not statements that are incomplete. FOOTNOTES: ? Sections 10(b), 14(e), and 20(a) of the Exchange Act, 15 U. S. C.  §Ã‚ § 78j (b), 78n (e), and 78t (a), and Rules 10b-5 and 14e 3, 17 C. F. R.  §Ã‚ § 240. 10b-5 and 240. 14e-3, promulgated thereunder by the Securities Exchange Commission (â€Å"SEC†) ? Rule 10b-5 and Section 14(e) Full case: BRODY v. TRANSITIONAL HOSPITALS CORPORATION Jules BRODY; Joyce T. Crawford, Plaintiffs-Appellants, v. TRANSITIONAL HOSPITALS CORPORATION; Wendy L. Simpson; Richard L. Conte, Defendants-Appellees. No.? 99-15672. Argued and Submitted July 11, 2001. — February 07, 2002 Before: HALL, WARDLAW and BERZON, Circuit Judges. Jeffrey S. Abraham, New York, NY, for the plaintiffs-appellants. Mark R. McDonald, Morrison Foerster, Los Angeles, CA, for the defendants-appellees. In this case we address several securities fraud issues, centering on whether a plaintiff must have traded at about the same time as the insider it allege violated securities laws. ? Jules Brody and Joyce T. Crawford brought suit against Transitional Hospital Corporation (â€Å"THC† or â€Å"the company†) and its officers claiming violations of the Securities and Exchange Act of 1934 (â€Å"Exchange Act†) and state law because the defendants both traded in reliance on inside information and released misleading public information. ? The district court granted the defendant’s motion to dismiss for failure to state a claim. Brody and Crawford now appeal the district court’s order on several grounds. BACKGROUND In determining whether the complaint states a claim upon which relief could be granted, we assume the facts alleged in the complaint to be true. ?Ronconi v. Larkin, 253 F. 3d 423, 427 (9th Cir. 2001). ? The facts alleged in the complaint are as f ollows: THC was a Nevada corporation that delivered long-term acute care services through hospitals and satellite facilities across the United States. ? In August 1996, the company announced its plan to buy back from time to time on the open market up to $25 million in company stock. Two months later, THC expanded the repurchase plan to $75 million. On February 24, 1997, Vencor, Inc. submitted to THC’s board of directors a written offer to acquire the company for $11. 50 per share. ? THC did not disclose this offer publicly. ? Between February 26 and February 28, THC purchased 800,000 shares of its own stock at an average price of $9. 25 per share. ? This $7. 4 million buy-back was in addition to another $21. 1 million that THC had spent purchasing its stock in the three month period that ended on February 28, 1997. The plaintiffs do not allege that the total repurchase exceeded $75 million. THC issued a press release on March 19, 1997, detailing the progress and extent of it s stock repurchase program. ? The press release did not mention Vencor or any other party’s interest in acquiring THC. The plaintiffs argue that because of this omission, the March press release was misleading. On April 1, 1997, Vencor increased its offer to purchase THC to $13 per share. ? In the next few weeks, THC also received offers from two other competing bidders. ? On April 24, after receiving all hree offers, THC issued another press release, stating that the company had â€Å"received expressions of interest from certain parties who have indicated an interest in acquiring† it. ? The same document also stated that THC had hired â€Å"financial advisers to advise the company in connection with a possible sale. † ? The plaintiffs argue that this press release was also misleading; because it did not state that substantial due diligence had already taken place, that THC had received competing offers exceeding $13 per share, or that a THC board meeting would take place two days later to consider these offers. At the board meeting, the THC board voted to negotiate a merger agreement with Select Medical Corporation (â€Å"Select†). ? On May 4, THC publicly announced that it and Select had entered into a definitive merger agreement and that Select would purchase THC at $14. 55 per share. ? Vencor thereupon threatened a hostile takeover. ? To fend off that maneuver, THC ultimately agreed, on June 12, to a takeover by Vencor rather than Select, at $16 per share. Brody and Crawford sold shares at times that sandwich the April 24 press release. ? Two days before that press release was issued, Crawford sold 500 shares at $8. 75 per share. ? Brody sold 3,000 shares of THC stock at $10. 50 per share on April 24, just after the press release was made public. ? The plaintiffs argue that had they not been misled by THC, they would have held onto their shares, and benefitted from their subsequent increase in value. Brody and Crawford filed a class action complaint against THC and its officers on August 28, 1997. ? In addition to alleging violations of Nevada state law, Brody and Crawford alleged violations of Sections 10(b), 14(e), and 20(a) of the Exchange Act, 15 U. S. C.  §Ã‚ §? 78j(b), 78n(e), and 78t(a), and Rules 10b-5 and 14e 3, 17 C. F. R.  §Ã‚ §? 240. 10b-5 and 240. 14e-3, promulgated thereunder by the Securities Exchange Commission (â€Å"SEC†). ? These claims focus on two aspects of THC’s course of action: Brody and Crawford accuse the company of illegal insider trading because THC repurchased 800,000 shares of its stock between February 26 and February 28 without first disclosing that Vencor and other parties had expressed interest in THC. In addition, Brody and Crawford claim that THC, in its March 19 and April 24 press releases, materially misled them about THC’s progress toward its eventual merger. The district court dismissed all of Brody and Crawford’s claims. ? In so doing, the district court held that Brody and Crawford are not proper parties to assert any insider trading claims, as Brody and Crawford did not trade contemporaneously with THC. In addition, the district court decided that the plaintiffs failed to state a claim under Rule 10b-5 or any other law based on materially misleading information, as the press releases were not misleading under the applicable standards. The plaintiffs appeal these aspects of the district court’s dismissal. We review de novo the district court’s dismissal for failure to state a claim pursuant to Federal Rule of Procedure Rule 12(b)(6). ?Zimmerman v. City of Oakland, 255 F. 3d 734, 737 (9th Cir. 2001). DISCUSSION A.? Insider Trading As they pertain to insider trading, Section 10(b), Rule 10b-5, Section 14(e) and Rule 14e-3 make it illegal in some circumstances for those possessing inside information about a company to trade in that company’s securities unless they first disclose the information. See, e. g. , United States v. Smith, 155 F. 3d 1051, 1063-64 (9th Cir. 998). ? This type of prohibition is known as an â€Å"abstain or disclose† rule, because it requires insiders either to abstain from trading or to disclose the inside information that they possess. The district court dismissed the insider trading claims, holding that the named plaintiffs could not assert them because they did not trade contemporaneously with THC. On appeal, Brody and Crawford argue that nothing in the applicable securities laws requires investors to have traded contemporaneously with insiders in order to maintain a suit for insider trading. In addition, they argue that even if such a requirement exists, they in fact did trade contemporaneously with THC. 1.? Section 10(b) and Rule 10b-5 Neither section 10(b)1 nor Rule 10b-52 contain an express right of action for private parties. ? The Supreme Court has h eld, however, that proper plaintiffs may sue for damages for violation of the statute and rule. ? See Superintendent of Ins. v. Bankers Life and Cas. Co. , 404 U. S. 6, 13 n. 9, 92 S. Ct. 165, 30 L. Ed. 2d 128 (1971). Because neither the statute nor the rule contains an express right of action, they also do not delineate who is a proper plaintiff. ? In the absence of explicit Congressional guidance, courts have developed various â€Å"standing† limitations, primarily on policy bases. 3 For example, in Blue Chip Stamps v. Manor Drug Stores, 421 U. S. 723, 95 S. Ct. 1917, 44 L. Ed. 2d 539 (1975), the Supreme Court held that to bring an insider trading claim under Rule 10b-5, a plaintiff must have traded in the same stock or other securities as the insider trader. The contemporaneous trading requirement, at issue in this case, is another judicially-created standing requirement, specifying that to bring an insider trading claim, the plaintiff must have traded in a company’ s stock at about the same time as the alleged insider. ?In Neubronner v. Milken, 6 F. 3d 666, 669 (9th Cir. 1993), the Ninth Circuit adopted a contemporaneous trading requirement for Section 10(b) and Rule 10b-5 actions. ? See also In re Worlds of Wonder Sec. Litig. , 35 F. 3d 1407, 1427 (9th Cir. 1994). Neubronner explained that two reasons animate this rule: First, â€Å"noncontemporaneous traders do not require the protection of the ‘disclose or abstain’ rule because they do not suffer the disadvantage of trading with someone who has superior access to information. † ? 6 F. 3d at 669-70 (quoting Wilson v. Comtech Telecommunications Corp. , 648 F. 2d 88, 94 95 (2d Cir. 1981)). ? Second, the contemporaneous trading requirement puts reasonable limits on Section 10(b) and Rule 10b-5’s reach; without such a limitation, an insider defendant could be liable to a very large number of parties. Id. at 670. Brody and Crawford offer two reasons why the contemporane ous trading rule adopted in Neubronner should not here apply. ? First, they argue that the rule does not make sense, as a matter of statutory interpretation. ? In other words, they request that we declare that Neubronner’s interpretation of Section 10(b) and Rule 10b-5 was incorrect. ? Although the decision in Neubronner is not beyond debate, we do not consider the question further, as a Ninth Circuit panel may not overrule a prior Ninth Circuit decision. ?Hart v. Massanari, 266 F. 3d 1155, 1171 (9th Cir. 2001). Brody and Crawford attempt to avoid this precedential barrier by claiming that Neubronner’s implementation of the contemporaneous rule was dictum, and therefore not binding on us. ? It was not. ?Neubronner explicitly described its ruling regarding the contemporaneous trading requirement as a â€Å"holding. † ? 6 F. 3d at 670. ? In addition, the determination was a necessary predicate for the case’s ultimate conclusion that contemporaneous trading must be pleaded with particularity. ? Id. at 673. Brody and Crawford’s second submission in avoidance of Neubronner is that United States v. O’Hagan, 521 U. S. 642, 117 S. Ct. 2199, 138 L. Ed. 2d 724 (1997), overruled Neubronner. ? That assertion is simply wrong. ? O’Hagan, which was a criminal case, addressed neither the contemporaneous trading requirement in private actions nor any other standing rule. ? Instead, by approving of an expansive concept of who qualifies as an insider under Section 10(b), the Supreme Court in O’Hagan clarified that more defendants may be liable under Section 10(b) than some courts have previously thought. ? Id. at 650, 117 S. Ct. 2199. ? In so doing, the Supreme Court did not alter pre-existing notions concerning whom insiders harm when they trade based on privileged information. Brody and Crawford next argue that even if the Section 10(b) and Rule 10b-5 contemporaneous trading requirements remain, the court should define contemporaneous trades as trades that take place within six months of one another. ? Under this definition, Brody and Crawford would have standing, as they sold their stock just under two months after they allege THC bought the large block of stock in February. [3]? In Neubronner, this court did not decide the length of the contemporaneous trading period for insider trading violations under Section 10(b) and Rule 10b-5, 6 F. d at 670, nor has this court decided the question since. ? Because the two-month time period presented by the facts of this case exceeds any possible delineation of a contemporaneous trading period, it is not necessary in this case either to define the exact contours of the period. ? We simply note that a contemporaneous trading period of two months would gut the contemporaneous trading rule’s premise-that there is a need to filter out plaintiffs who could not possibly have traded with the insider, given the manner in which public trades are transacted. 2.? Section 14(e) and Rule 14e-3 Brody and Crawford also argue that the district court erred in dismissing their claims under Section 14(e)4 and Rule 14e-35 by holding that insider trading actions brought under Section 14(e) and Rule 14e-3 must also conform to a contemporaneous trading requirement. ? In making this argument, the plaintiffs urge that we hold for them on two matters of first impression: (1) whether a private right of action exists under Rule 14e-3; and (2) if a private right of action does exist, whether it contains a contemporaneous standing requirement. We can assume, without deciding, that a private right of action exists under Rule 14e-3, for we see no reason why the same contemporaneous trading rule that applies under Rule 10b-5 would not apply in such an action. ?As noted, this court has definitively adopted a contemporaneous trading requirement under Rule 10b-5. ? Although Rule 14e-3 differs in some respects from Rule 10b-5, (and was adopted in order to plug some ho les the SEC perceived in Rule 10b-5),6 its core, like the core of Rule 10b-5, is an â€Å"abstain or disclose† requirement. And, as is true of the â€Å"abstain or disclose† requirement of Rule 10b-5, the similar requirement of Rule 14e-3 is designed to prevent the disadvantage that inheres in trading with an insider with superior access to information. ?45 Fed. Reg. 60411-12 (1980). ? So we would have to have some excellent reason to adopt a different standing rule under Rule 14e 3 from the one we use under Rule 10b-5. ? We are convinced that there is no basis for drawing such a distinction. The best candidate appellants have advanced as a basis for differentiating the standing requirement under the two Rules is Plaine v. McCabe, 797 F. d 713 (9th Cir. 1986). ?Plaine held that a plaintiff suing under Section 14(e) need not have traded at all, let alone contemporaneously. ? Id. at 718. The fulcrum of Plaine was a distinction suggested by Piper v. Chris-Craft Indus. , I nc. , 430 U. S. 1, 38-39, 97 S. Ct. 926, 51 L. Ed. 2d 124 (1977), between the types of shareholder protections contained in Sections 10(b) and 14(e): Piper noted that while Section 10(b) was enacted to protect only individuals who actually traded in stocks, Section 14(e) can be understood as protecting not only those who buy or sell stocks but also shareholders who decide not to trade. 430 U. S. at 38-39, 97 S. Ct. 926. ? Because Rule 14e-3 was promulgated under Section 14(e), the argument that a plaintiff who alleges insider trading under Section 14(e) or Rule 14e-3 need not worry about the contemporaneous trading requirement-because he need not have traded at all-has some initial plausibility. On a closer examination, however, Plaine does not speak to the issue at hand. Rather, Plaine focused only on non-insider trading claims brought under Section 14(e), and did not consider the standing requirements for an insider trading claim brought under Rule 14e-3. Section 14(e) broadly pro hibits â€Å"fraudulent, deceptive, or manipulative acts or practices, in connection with any tender offer;† it does not contain any specific reference to insider trading. ? Rule 14e-3, on the other hand, focuses on one type of behavior, insider trading, whose prohibition is thought to prevent fraudulent, deceptive, or manipulative acts. ? See O’Hagan, 521 U. S. at 672-73, 117 S. Ct. 2199. ? In accordance with its specific, prophylactic focus, Rule 14e-3 applies to a different set of behaviors than does Section 14(e): Section 14(e) centers on the actual tender offer, whereas Rule 14e-3 regulates illegal insider trading that takes place while a tender offer is under consideration. ? As appellants’ brief states, â€Å"[a]ll the elements of a Section 14(e)/Rule 14e-3 insider trading violation are supplied by the language of Rule 14e-3. A comparison of the facts in Plaine with the facts in this case illustrates the difference between the Section 14(e) claim conside red in Plaine and the Rule 14e-3 claim considered here. ? Plaine held shares in a company subject to a tender offer. ? She complained that false information in proxy materials had induced other shareholders to tender their shares. ? Because so many other shareholders tendered their shares, the merger went through at a price Plaine viewed as inadequate. Although Plaine did not tender her shares, the court ruled that she alleged injury occurring as a result of fraudulent activity in connection with a tender offer and had standing to assert her claim. ?797 F. 2d at 717. ? Plaine did not, however, allege insider trading, and therefore could not have made out a claim under Rule 14e-3. Brody and Crawford, on the other hand, did allege insider trading but did not allege that THC manipulated the tender offer process through the use of false information or by any other means. ? As such, the facts in the current case present a very different situation than that presented in Plaine. The circum stances do, however, bear a much closer resemblance to those in Neubronner, a Rule 10b-5 case centering around accusations of insider trading in violation of an abstain-or-disclose requirement. ? See Neubronner, 6 F. 3d at 667. Despite the similarities of the issues here and in Neubronner and between Rules 10b-5 and 14e-3, as applied to insider trading allegations, Brody and Crawford emphasize the differences between the Rules. ? Unlike Rule 10b-5, Rule 14e-3 does not require proof that a person traded on information obtained in violation of a duty owed to the source of the inside information. Instead, Rule 14e-3(a) creates a duty for a person with inside information to abstain or disclose â€Å"without regard to whether the trader owes a pre-existing fiduciary duty to respect the confidentiality of the information. † ? O’Hagan, 521 U. S. at 669, 117 S. Ct. 2199 (quoting United States v. Chestman, 947 F. 2d 551, 557 (2d Cir. 1991) (en banc)). ? Although Rule 14e-3 thus expands the notion of who is an insider, it does not follow that the Rule also expands the class of shareholders who may complain when an insider trades without disclosing insider information. As a result, the fact that Rule 10b-5 and Rule 14e-3 are not identical does not lead to the conclusion that one has a contemporaneous trading requirement and the other does not. More importantly, perhaps, in this case, the allegation is that THC traded in its own stock on the basis of inside information. ? Such allegations would state a â€Å"†¦Ã¢â‚¬Ëœtraditional’ or ‘classical’ theory of insider trading liability [under] Rule 10b-5 based on ‘a relationship of trust and confidence between the shareholders of a corporation and those insiders who have obtained information by reason of their position with that corporation. †¦Ã¢â‚¬  ? O’Hagan, 521 U. S. at 651-652, 117 S. Ct. 2199 (quoting Chiarella, 445 U. S. at 228, 100 S. Ct. 1108). ? As such, this case is one that could be-and indeed, was-brought under both Rule 10b-5 and Rule 14e-3, and as to which any differences between the two rules regarding the necessary relationship between the insider and the source of information is not relevant. Brody and Crawford note another reason that, they argue, suggests an expansive reading of Rule 14e-3 is appropriate. In O’Hagan, the Supreme Court ruled that the SEC is permitted to promulgate rules under Section 14(e), such as Rule 14e-3, that prohibit acts not themselves fraudulent under the common law if the rules are reasonably designed to prevent acts that are. ?521 U. S. at 671-73, 117 S. Ct. 2199. ? This authority derives from the prophylactic rule-making power granted to the SEC by Section 14(e), a power that has no parallel in Section 10(b). ?Id. That the SEC had more power to protect investors when it promulgated Rule 14e-3 than it did when it promulgated Rule 10b-5 does not mean, however, that the SEC exercised that power so as to protect noncontemporaneous traders under Rule 14e-3. ? And, in fact, what evidence there is demonstrates that the SEC did not intend to protect investors who could not have possibly traded with the insiders. In O’Hagan, the Supreme Court quoted at length from and afforded deference to the SEC’s explanation of why it promulgated Rule 14e-3. Part of the Federal Register excerpt quoted in O’Hagan stated: The Commission has previously expressed and continues to have serious concerns about trading by persons in possession of material, nonpublic information relating to a tender offer. ? This practice results in unfair disparities in market information and market disruption. ? Security holders who purchase from or sell to such persons are effectively denied the benefits of disclosure and the substantive protections of the [legislation that includes Section 14(e)]. 21 U. S. at 674, 117 S. Ct. 2199 (quoting 45 Fed. Reg. 60412 (1980)). This quotation evinces a particular concern for those who â€Å"purchase from or sell to† insiders, and suggests that these shareholders, and not others who trade later, are the intended beneficiaries of Rule 14e-3. ? The contemporaneous trading requirement, designed to limit the class of potential plaintiffs to only those who could have possibly traded with the insider, is therefore precisely congruent with the SEC’s expressed purpose in promulgating Rule 14e-3. In sum, Rule 10b-5 and Rule 14e-3 contain similar insider trading prohibitions, triggered by similar concerns. ? While Rule 14e-3 focuses on the tender offer context, the background history and language of Rule 14e-3 indicate that the Rule does not alter the premise that a shareholder must have traded with an insider or have traded at about the same time as an insider to be harmed by the insider’s trading. ? We conclude that there is no principled distinction between Rules 10b-5 and 14e-3 as regards the need for a contemporaneous trading allegation. We therefore extend the contemporaneous trading requirement to insider trading actions brought under Section 14(e) and Rule 14e-3 actions. ? Because Brody and Crawford traded nearly two months after they allege THC traded, they did not trade contemporaneously with THC. The district court was correct in dismissing their Rule 14e-3 insider trading claims. B.? Misrepresentation We next consider a different set of concerns addressed by the securities laws: Rule 10b-5 and Section 14(e)’s explicit prohibition against the making of untrue or misleading statements. The plaintiffs do not maintain that either press release issued by THC was untrue. ? They do argue, though, that THC violated the prohibitions against making misleading statements when it issued the two press releases here at issue. ? In order to survive a motion to dismiss under the heightened pleading standards of the Private Securities Litigation Reform Act (â€Å"PSLRA†), the plaintiffs’ complaint must spe cify the reason or reasons why the statements made by THC were misleading. ?15 U. S. C.  §? 78u-4(b) (1); see also Ronconi, 253 F. 3d at 429. As an initial matter, Brody and Crawford correctly assert that a statement that is literally true can be misleading and thus actionable under the securities laws. ? See In re GlenFed Sec. Litig. , 42 F. 3d 1541, 1551 (9th Cir. 1994). ? But they err when they argue that in order for a statement not to be misleading, â€Å"once a disclosure is made, there is a duty to make it complete and accurate. † This proposition has no support in the case law. ?Rule 10b-5 and Section 14(e) in terms prohibit only misleading and untrue statements, not statements that are incomplete. Similarly, the primary case upon which Brody and Crawford rely for their innovative completeness rule supports only a rule requiring that parties not mislead. ? Virginia Bankshares, Inc. v. Sandberg, 501 U. S. 1083, 1098 n. 7, 111 S. Ct. 2749, 115 L. Ed. 2d 929 (1991). ? Often, a statement will not mislead even if it is incomplete or does not include all relevant facts. 8 ? Further, a completeness rule such as Brody and Crawford suggest could implicate nearly all public statements potentially affecting securities sales or tender offers. No matter how detailed and accurate disclosure statements are, there are likely to be additional details that could have been disclosed but were not. ? To be actionable under the securities laws, an omission must be misleading; in other words it must affirmatively create an impression of a state of affairs that differs in a material way from the one that actually exists. ? See McCormick v. The Fund American Cos. , 26 F. 3d 869, 880 (9th Cir. 1994). We conclude that neither Rule 10b-5 nor Section 14(e) contains a freestanding completeness requirement; the requirement is that any public statements companies make that could affect security sales or tender offers not be misleading or untrue. ? Thus, in order to survive a motion to dismiss under the heightened pleading standards of the Private Securities Litigation Reform Act (â€Å"PSLRA†), the plaintiffs’ complaint must specify the reason or reasons why the statements made by THC were misleading or untrue, not simply why the statements were incomplete. 15 U. S. C.  §? 78u-4(b) (1); see also Ronconi, 253 F. 3d at 429. ?Brody and Crawford’s allegations do not comport with this requirement. ? They allege, first, that the press release issued on March 19 was misleading because it provided information about THC’s stock repurchase program but did not contain information regarding THC’s possible takeover. ? Although Brody and Crawford specify what inf ormation THC omitted, they do not indicate why the statement THC made was misleading. ? If the press elease had affirmatively intimated that no merger was imminent, it may well have been misleading. ? The actual press release, however, neither stated nor implied anything regarding a merger. ?Brody and Crawford also claim that THC’s second press release, issued on April 24, was misleading. ? Again, the plaintiffs do not argue that the press release was untrue. ? Instead, they argue that it was misleading because it stated generally that THC had received â€Å"expressions of interest† from potential acquirers, when in fact it had received actual proposals from three different parties. Importantly, the complaint does not provide an explanation as to why this general statement was misleading, nor is it self-evident that it was. A proposal is certainly an â€Å"expression of interest. † ? Moreover, the press release did not simply state that there had been vague â₠¬Å"expressions of interest;† it went on to state that the â€Å"expressions† were â€Å"from certain parties who have indicated an interest in acquiring either the entire company or in acquiring the company, with the company’s shareholders retaining their pro rata interests in Behavioral Healthcare Corporation [a THC subsidiary]. ? This specificity concerning the nature of the parties’ proposals certainly suggests that something more than preliminary inquiries had taken place. Further, the press release additionally stated that the â€Å"Board of Directors has engaged financial advisors to advise the company in connection with a possible sale. † ? This additional information again suggested proposals that were concrete enough to be taken seriously. ? And the reference to multiple parties contained in the press release suggests an ongoing auction for THC was taking place with at least two participants. In short, the press release did not give the impression that THC had not received actual proposals from three parties or otherwise mislead readers about the stage of the negotiations. ? Instead, although the press release did not provide all the information that THC possessed about its possible sale, the information THC did provide-and the reasonable inferences one could draw from that information-were entirely consistent with the more detailed explanation of the merger process that Brody and Crawford argue the press release should have included. Put another way, Brody, if he read the press release, would have been on notice, before he sold his shares, of the distinct possibility that the value of the shares would increase in the near future because of a takeover contest. 9 [11] Because Brody and Crawford have not alleged facts indicating that THC’s April 24 press release was misleading, the district court properly dismissed that aspect of the plaintiffs’ complaint. CON CLUSION Brody and Crawford have not met the contemporaneous trading requirements necessary to have standing in the insider trading claims they assert. Additionally, they have failed properly to allege misrepresentation against THC. As a result, we affirm the district court’s decision to dismiss Brody and Crawford’s complaint for failure to state a claim upon which relief could be granted. AFFIRMED FOOTNOTES 1. ?Section 10, in relevant part, states: It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce or of the mails, or of any facility of any national securities exchange-?..... b)? To use or employ, in connection with the purchase or sale of any security registered on a national securities exchange or any security not so registered, or any securities-based swap agreement (as defined in section 206B of the Gramm-Leach-Bliley Act), any manipulative or deceptive device or contrivance in contraventio n of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors. 2. Rule 10b-5 states: It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails or of any facility of any national securities exchange,(a)? To employ any device, scheme, or artifice to defraud,(b)? To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or(c)? To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security. 3. ?These â€Å"standing† limitations are not, of course of the constitutional variety, grounded in Article III of the Constitution, but simply delineate the scope of the implied cause of action. 4. ?Section 14(e) states: It shall be unlawful for any person to make any untrue statement of a material fact or omit to tate any material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading, or to engage in any fraudulent, deceptive, or manipulative acts or practices, in connection with any tender offer or request or invitation for tenders, or any solicitation of security holders in opposition to or in favor of any such offer, request, or invitation. ? The Commission shall, for the purposes of this subsection, by rules and regulat ions define, and prescribe means reasonably designed to prevent, such acts and practices as are fraudulent, deceptive, or manipulative. . ?Rule 14e-3(a) states:(a)? If any person has taken a substantial step or steps to commence, or has commenced, a tender offer (the â€Å"offering person†), it shall constitute a fraudulent, deceptive or manipulative act or practice within the meaning of section 14(e) of the Act for any other person who is in possession of material information relating to such tender offer which information he knows or has reason to know is nonpublic and which he knows or has reason to know has been acquired directly or indirectly from:(1)? The offering person,(2)? The issuer of the securities sought or to be sought by such tender offer, or(3)? Any officer, director, partner or employee or any other person acting on behalf of the offering person or such issuer, to purchase or sell or cause to be purchased or sold any of such securities or any securities convertible into or exchangeable for any such securities or any option or right to obtain or to dispose of any of the foregoing securities, unless within a reasonable time prior to any purchase or sale such information and its source are publicly disclosed by press release or otherwise. 6. ?Chiarella v. United States, 445 U. S. 222, 100 S. Ct. 1108, 63 L. Ed. d 348 (1980), considered, but did not decide, the viability of a misappropriation theory of liability under Rule 10b-5. ?445 U. S. at 235-37, 100 S. Ct. 1108. ?(A misappropriation theory extends liability to some parties who trade in a company’s securities on the basis of confidential information but who have no special relationship with the company’s shareholders. ) Following Chiarella, the SEC promulgate d Rule 14e-3, which clearly creates liability for insiders who trade in connection with a tender offer and do not disclose the inside information, regardless of their relationship to the shareholders or the source of the information. Then in 1997, the Supreme Court decided O’Hagan, answering the question left open by Chiarella and deciding that Section 10(b) and Rule 10b-5 do create liability under a misappropriation theory. ?521 U. S. at 650, 117 S. Ct. 2199. ? The upshot is that Rules 10b-5 and 14e-3 largely overlap with regard to the scope of insider trader liability, although they differ in some respects not here pertinent. ? See p. 1004, infra. 7. As we discuss below, in O’Hagan the Supreme Court approved Rule 14e-3 as a prophylactic rule designed to prevent core violations of Section 14(e). ? See p. 1004, infra. 8. ?For example, if a company reports that its sales have risen from one year to the next, that statement is not misleading even though it does not inclu de a detailed breakdown of the company’s region by region or month by month sales. 9. ?We note that Crawford sold his shares before the April 24 press release, so he could not have been influenced in his trading by the release. BERZON, Circuit Judge.

Philosophy Paper Essay Example | Topics and Well Written Essays - 1250 words - 1

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Daily plate Essay Example | Topics and Well Written Essays - 500 words

Daily plate - Essay Example My diet consists mostly of beef, iced tea and fast food. Sometimes I would have chicken and fruit but these days were not very common. I also tend to skip meals due to a busy schedule. As a result, these occurrences are empty in the excel file. I know I can improve on the kinds of food I eat in order to have a more nutritious diet. I can plan accordingly so that the amount of food I eat corresponds to the food pyramid. (Food Pyramid, n.d.) I should try and eat more vegetables, dairy products and fish. I can also avoid skipping meals because this only makes me hungrier. Consequently, I end up eating more than what I should. I know a little fat is good for my body. Nevertheless, with the data I have gathered I believe I have been eating more than the proper amount of fatty foods. From now on, I believe I should be more aware of what I eat and the nutrients it can give me. This way I can monitor the amount of carbohydrates, fat and protein I take in. Reference: Food Pyramid. (n.d.) Retr ieved on April 20, 2011 from http://www.charantia.com/30-day-challenge/learn-a-healthy-lifestyle/food-pyramid/

The Origin of Dreams Essay -- Sleep Sleeping Psychology Papers

The Origin of Dreams It is late and you are tired. You slide between the soft sheets and tug on the comforter until it reaches your chin. Your head sinks gratefully into the pillow, the smooth folds of pillowcase caressing your cheek. Your heavy eyelids fall closed. Slowly, all the muscles in your body relax. Your body is comfortable and ready for sleep, but your mind remains active. You think over the day’s events, the funny moments, the people you saw, the things you forgot to do. You think about what you will do tomorrow and the next day and next month and so on. Your breathing deepens and your heart rate slows. You realize you are no longer directing the pattern of your thoughts: they are moving off on a path of their own. But you are too tired to care. You drift to the edge of the world of sleep. After about 90 minutes of peaceful inactivity, your brain becomes extremely alert, but you do not awaken. You have entered the period of sleep know as Rapid Eye Movement, where dreams most often occu r. Random, disconnected scenes unfold before you like images on a movie screen. You see your parents waving to you from across a crowded room. You are transported to a large, sunlit meadow, where you are playing with a kitten, your first childhood pet. You can hear the kitten’s quiet purring, and you are filled with sensations of happiness and tranquility. Then you see your own body floating high above the ground, propelling itself effortlessly. You don’t understand these feelings and images, but they all seem to make perfect sense, and you don’t question them. Upon waking, recollection of the previous night’s journey will seem hazy and clouded, if you can remember it at all. This series of events occurs every night i... ...Dreams† http://psych.ucsc.edu/dreams/ Accessed 11/24/02 â€Å"dream† Encyclopedia Britannica http://search.eb.com/eb/article?eu=117531 Accessed 11/24/02 Eccles, John ed. Mind and Brain Washington: Paragon House, 1982 "electroencephalography" Encyclopedia Britannica http://search.eb.com/eb/article?eu=32861 Accessed 12/4/02. Foulkes, David. Dreaming: A Cognitive-Psychological Analysis Hillsdale, NJ: Lawrence Erlbaum Associates, 1985 Merriam-Webster Dictionary. Springfield, MA: Merriam-Webster, Incorporated, 1998 â€Å"mind† Encyclopedia Britannica http://search.eb.com/article?eu=54131 Accessed 12/5/02 Pfenninger, Karl H. and Valerie R. Shubik The Origins of Creativity Oxford: Oxford University Press, 2001 â€Å"sleep† Encyclopedia Britannica http://search.eb.com/eb/article?eu=117529 Accessed 11/24/02

Lung Cancer Detection Methods

There are several ways in which lung cancer may be detected and some of these are the following: First of all is to have the patient undergo what is technically referred to as â€Å"screening† (The Health Alliance, 2006, n.p.). Here, a series of laboratory tests and other examinations are carried out (The Health Alliance, 2006, n.p.). Second is known as blood test (The Health Alliance, 2006, n.p.). Here, the blood is placed under scrutiny to see if the â€Å"lung cancer† has multiplied and have already reached the patient’s liver or bones (The Health Alliance, 2006, n.p.). Third is the â€Å"bone marrow biopsy† wherein a needle is utilized to take out a small portion of the bone located at the â€Å"back of the hip bone† and is placed under the â€Å"microscope† to see if any cancer cells may be detected (The Health Alliance, 2006, n.p.). Fourth is technically referred to as â€Å"mediastinoscopy† (Harvard University, 2008, n.p.). Here, the neck is incised to allow a lighted pipe to go through and to eventually get a sample of tissue inside it (Harvard University, 2008, n.p.) Again, this will confirm if cancer cells are there or not by looking at it under the microscope (Harvard University, 2008, n.p). Fifth is known as â€Å"bronchoscopy† (The Health Alliance, 2006, n.p.). Like the aforementioned fourth detection method, a lighted pipe is involved here as well (The Health Alliance, 2006, n.p.). However, with this method, the tube will be inserted on the nose and will look for tumors or obstructions in the lungs (The Health Alliance, 2006, n.p.). It may also take tissue samples or fluids so that it may be checked under the microscope for cancer cells’ presence (The Health Alliance, 2006, n.p.). Last but not least is technically referred to as â€Å"needle biopsy† (Radiological Society of North America Inc., 2008, n.p.). Here, the lungs are monitored through a machine known as â€Å"CT Scan† while a needle is utilized to take out a mass sample in the lungs (Radiological Society of North America Inc., 2008, n.p.).Like in the other methods, the aforementioned sample will have to be checked under the microscope (Radiological Society of North America Inc., 2008, n.p.). References Harvard University. (2008). Mediastinoscopy. Retrieved February 14, 2008 from http://www.health.harvard.edu/diagnostic-tests/mediastinoscopy.htm Radiological Society of North America, Inc. (2008). Needle Biopsy of Lung (Chest) Nodules. Retrieved February 14, 2008 from http://www.radiologyinfo.org/en/info.cfm?pg=nlungbiop&bhcp=1 The Health Alliance. (2006). Lung Cancer Detection. Retrieved February 14, 2008 from http://www.health-alliance.com/Cancer/lung/detection.html