Code of Business Conduct and Ethics
(Adopted by the Board of Directors on May 20, 2010)
Introduction
This Code of Business Conduct and Ethics covers a wide range of business practices and procedures. It does not cover every
issue that may arise, but it sets out basic principles to guide all employees, directors and officers of Tesla Motors, Inc, (the
"Company"). All of our employees, directors and officers must conduct themselves accordingly and seek to avoid even the
appearance of improper behavior. The Code should also be provided to and followed by the Company's agents and
representatives, including consultants.
If a law conflicts with a policy in this Code, you must comply with the law. If you have any questions about these conflicts, you
should ask your supervisor how to handle the situation.
Those who violate the standards in this Code will be subject to disciplinary action, up to and including termination of
employment. If you are in a situation which you believe may violate or lead to a violation of this Code, follow the guidelines
described in Section 14 of this Code.
1. Compliance with Laws, Rules and Regulations
Obeying the law, both in letter and in spirit, is the foundation on which this Company's ethical standards are built. All employees
must respect and obey the laws of the cities, states and countries in which we operate. Although not all employees are
expected to know the details of these laws, it is important to know enough to determine when to seek advice from supervisors,
managers or other appropriate personnel.
If requested, the Company will hold information and training sessions to promote compliance with laws, rules and regulations,
including insider-trading laws.
2. Conflicts of Interest
A "conflict of interest" exists when a person's private interest interferes, or appears to interfere, in any way with the interests of
the Company. A conflict situation can arise when an employee, officer or director takes actions or has interests that may make
it difficult to perform his or her Company work objectively and effectively. Conflicts of interest may also arise when an employee,
officer or director, or members of his or her family, receives improper personal benefits as a result of his or her position in the
Company. Loans to, or guarantees of obligations of, employees and their family members may create conflicts of interest.
It is almost always a conflict of interest for a Company employee to work simultaneously for a competitor, customer or supplier.
You are not allowed to work for a competitor as a consultant or board member. The best policy is to avoid any direct or indirect
business connection with our customers, suppliers or competitors, except on our behalf. Conflicts of interest are prohibited as a
matter of Company policy, except under guidelines approved by the Board of Directors. Conflicts of interest may not always be
clear-cut, so if you have a question, you should consult with .
A Work From Home Policy is an agreement between employer and employee that clearly defines the expectations and responsibilities for employees who work from home. It may also define who is eligible to work from home, the process for requesting work from home privileges, as well as the approval process.
Coding NotesImproving Diagnosis By Jacquie zegan, CCS, w.docxmary772
Coding Notes
Improving
Diagnosis
By Jacquie zegan, CCS, wC
Specificity in ICD-IO Coding
VALID ICD-IO-CM/PCS (ICD-IO) codes have been required for claims reporting since October 1, 2015. But ICD-IO diagnosis coding to the correct level of specificity—a more recent requirement—continues to be a problem for many in the healthcare industry. While diagnosis code specificity has always been the goal, providers were granted a reprieve in order to facilitate implementation of ICD-IO. For the first 12 months of ICD-IO use, the Centers for Medicare and Medicaid Services (CMS) promised that Medicare review contractors would not deny claims "based solely on the specificity of the ICD-IO diagnosis code as long as the physician/practitioner used a valid code from the right family."l Commonly referred to as the "grace period," this flexibility was intended to help providers implement the ICD-IO-CM code set and was never intended to continue on in perpetuity. In fact, this CMS-granted grace period expired on October 1, 2016.2
Unfortunately, nonspecific documentation and coding persists. This is an ongoing problem, even though the official guidelines for coding and reporting require coding to the highest degree of specificity. Third-party payers are making payment determinations based on the specificity of reported codes, and payment reform efforts are formulating policies based on coded data. The significance of overreporting unspecified diagnosis codes cannot be understated. In the short term, it will increase claim denials, and in the long term it may adversely impact emerging payment models.3•4 Calculating and monitoring unspecified diagnosis code rates is critical to successfully leverage specificity
44/Journal of AHIMA April 18
in the ICD-IO-CM code set.
An ICD-IO-CM code is considered unspecified if either of the terms "unspecified" or "NOS" are used in the code description. The unspecified diagnosis code rate is calculated by dividing the number of unspecified diagnosis codes by the total number of diagnosis codes assigned. Health information management (HIM) professionals should be tracking and trending unspecified diagnosis code rates across the continuum of care.5
Acceptable use of Unspecified Diagnosis Codes Unspecified diagnosis codes have acceptable, even necessary, uses. The unspecified code rate is not an error rate, but rather an indicator of the quality of clinical documentation and a qualitative measure of coder performance and coding results. Even CMS explicitly recognizes that unspecified codes are sometimes necessary. "When sufficient clinical information is not known or available about a particular health condition to assign a more specific code, it is acceptable to report the appropriate unspecified code."6 It's also important that coding professionals use good judgment to avoid unnecessary queries for clarification of unspecified diagnoses. The official coding guidelines provide explicit guidance for appropriate uses of unspec.
CNL-521 Topic 3 Vargas Case StudyBob and Elizabeth arrive.docxmary772
CNL-521 Topic 3: Vargas Case Study
Bob and Elizabeth arrive together for the third session. As planned, you remind the couple that the goal of today’s session is to gather information about their families of origin. Bob begins by telling you about his older sister, Katie, who is 36 and lives nearby with her three children. Katie’s husband, Steve, died suddenly last year at the age of 40 when the car he was driving hit a block wall. Elizabeth speculates that Steve was intoxicated at the time, but Bob vehemently denies this allegation. He warns Elizabeth to “never again” suggest alcohol was involved. You note Bob’s strong response and learn that his own biological father, whom his mother divorced when Bob was 3 and Katie was 5, had been an alcoholic. When asked about his father, Bob says, “His name is Tim, and I haven’t seen him since the divorce.” Bob shares that he only remembers frequently hiding under the bed with Katie to stay safe from his violent rages. He adds that 5 years after the divorce, his mother, Linda, married Noel who has been “the only dad I’ve ever known.” He insists that his sister married “a devout Christian who never touched alcohol” and attributed the 3:00 a.m. tragedy to fatigue. He adds that a few days before the accident, Katie had complained to him that her husband had been working many late nights and “just wasn’t himself.” Bob speaks fondly of his sister and confirms that they have always been “very close.”
From Elizabeth, who is 31 years old, you learn that she was adopted by her parents, Rita and Gary, who were in their late 40s at the time. They were first generation immigrants who had no family in the United States. Their biological daughter, Susan, had died 10 years earlier after Rita accidentally ran over the 5 year old while backing out of the driveway. Elizabeth surmises that her mother never fully recovered from this traumatic incident and remained distant and withdrawn throughout Elizabeth’s life. Elizabeth describes her father, Gary, as “a hard worker, smart, and always serious.” She shares that most of her family memories were of times spent with her dad in his study, surrounded by books. She states, “He could find the answer to all of my questions in one his many books.” Elizabeth describes herself as the “quiet, bookish type” and attributes her love for books to her father. Like her father in his study, Elizabeth remembers spending most of her adolescence alone in her room, reading, so she would not upset her mother. Looking back, Elizabeth tells you she recognizes her mother’s struggle with depression, “but as a kid, I thought it was me.”
You comment on the vastly different childhood experiences and normalize the potential for relationship challenges under these circumstances. Acknowledging the differences, Elizabeth remarks that Bob’s relationship with his family was one of the things that she was attracted to early in their relationship. Bob agrees with her and comments that Katie and Elizabeth.
More Related Content
Similar to Code of Business Conduct and Ethics(Adopted by the Board.docx
A Work From Home Policy is an agreement between employer and employee that clearly defines the expectations and responsibilities for employees who work from home. It may also define who is eligible to work from home, the process for requesting work from home privileges, as well as the approval process.
Coding NotesImproving Diagnosis By Jacquie zegan, CCS, w.docxmary772
Coding Notes
Improving
Diagnosis
By Jacquie zegan, CCS, wC
Specificity in ICD-IO Coding
VALID ICD-IO-CM/PCS (ICD-IO) codes have been required for claims reporting since October 1, 2015. But ICD-IO diagnosis coding to the correct level of specificity—a more recent requirement—continues to be a problem for many in the healthcare industry. While diagnosis code specificity has always been the goal, providers were granted a reprieve in order to facilitate implementation of ICD-IO. For the first 12 months of ICD-IO use, the Centers for Medicare and Medicaid Services (CMS) promised that Medicare review contractors would not deny claims "based solely on the specificity of the ICD-IO diagnosis code as long as the physician/practitioner used a valid code from the right family."l Commonly referred to as the "grace period," this flexibility was intended to help providers implement the ICD-IO-CM code set and was never intended to continue on in perpetuity. In fact, this CMS-granted grace period expired on October 1, 2016.2
Unfortunately, nonspecific documentation and coding persists. This is an ongoing problem, even though the official guidelines for coding and reporting require coding to the highest degree of specificity. Third-party payers are making payment determinations based on the specificity of reported codes, and payment reform efforts are formulating policies based on coded data. The significance of overreporting unspecified diagnosis codes cannot be understated. In the short term, it will increase claim denials, and in the long term it may adversely impact emerging payment models.3•4 Calculating and monitoring unspecified diagnosis code rates is critical to successfully leverage specificity
44/Journal of AHIMA April 18
in the ICD-IO-CM code set.
An ICD-IO-CM code is considered unspecified if either of the terms "unspecified" or "NOS" are used in the code description. The unspecified diagnosis code rate is calculated by dividing the number of unspecified diagnosis codes by the total number of diagnosis codes assigned. Health information management (HIM) professionals should be tracking and trending unspecified diagnosis code rates across the continuum of care.5
Acceptable use of Unspecified Diagnosis Codes Unspecified diagnosis codes have acceptable, even necessary, uses. The unspecified code rate is not an error rate, but rather an indicator of the quality of clinical documentation and a qualitative measure of coder performance and coding results. Even CMS explicitly recognizes that unspecified codes are sometimes necessary. "When sufficient clinical information is not known or available about a particular health condition to assign a more specific code, it is acceptable to report the appropriate unspecified code."6 It's also important that coding professionals use good judgment to avoid unnecessary queries for clarification of unspecified diagnoses. The official coding guidelines provide explicit guidance for appropriate uses of unspec.
CNL-521 Topic 3 Vargas Case StudyBob and Elizabeth arrive.docxmary772
CNL-521 Topic 3: Vargas Case Study
Bob and Elizabeth arrive together for the third session. As planned, you remind the couple that the goal of today’s session is to gather information about their families of origin. Bob begins by telling you about his older sister, Katie, who is 36 and lives nearby with her three children. Katie’s husband, Steve, died suddenly last year at the age of 40 when the car he was driving hit a block wall. Elizabeth speculates that Steve was intoxicated at the time, but Bob vehemently denies this allegation. He warns Elizabeth to “never again” suggest alcohol was involved. You note Bob’s strong response and learn that his own biological father, whom his mother divorced when Bob was 3 and Katie was 5, had been an alcoholic. When asked about his father, Bob says, “His name is Tim, and I haven’t seen him since the divorce.” Bob shares that he only remembers frequently hiding under the bed with Katie to stay safe from his violent rages. He adds that 5 years after the divorce, his mother, Linda, married Noel who has been “the only dad I’ve ever known.” He insists that his sister married “a devout Christian who never touched alcohol” and attributed the 3:00 a.m. tragedy to fatigue. He adds that a few days before the accident, Katie had complained to him that her husband had been working many late nights and “just wasn’t himself.” Bob speaks fondly of his sister and confirms that they have always been “very close.”
From Elizabeth, who is 31 years old, you learn that she was adopted by her parents, Rita and Gary, who were in their late 40s at the time. They were first generation immigrants who had no family in the United States. Their biological daughter, Susan, had died 10 years earlier after Rita accidentally ran over the 5 year old while backing out of the driveway. Elizabeth surmises that her mother never fully recovered from this traumatic incident and remained distant and withdrawn throughout Elizabeth’s life. Elizabeth describes her father, Gary, as “a hard worker, smart, and always serious.” She shares that most of her family memories were of times spent with her dad in his study, surrounded by books. She states, “He could find the answer to all of my questions in one his many books.” Elizabeth describes herself as the “quiet, bookish type” and attributes her love for books to her father. Like her father in his study, Elizabeth remembers spending most of her adolescence alone in her room, reading, so she would not upset her mother. Looking back, Elizabeth tells you she recognizes her mother’s struggle with depression, “but as a kid, I thought it was me.”
You comment on the vastly different childhood experiences and normalize the potential for relationship challenges under these circumstances. Acknowledging the differences, Elizabeth remarks that Bob’s relationship with his family was one of the things that she was attracted to early in their relationship. Bob agrees with her and comments that Katie and Elizabeth.
Cognitive and Language Development Milestones Picture Book[WLO .docxmary772
Cognitive and Language Development Milestones Picture Book
[WLO: 1] [CLO: 1]
Prior to beginning work on this assignment,
Review Chapters 6, 7, and 9 of your text.
Review the cognition and language development milestones from the Centers for Disease Control and Prevention on the web page
Basic Information (Links to an external site.)
.
Identify one age-group that you will discuss:
Infancy: Birth to 12 months
Toddler: 1 to 3 years
Early childhood: 4 to 8 years
Review and download the
Cognitive and Language Development Milestones Picture Book Template.
The purpose of this assignment is to creatively demonstrate an understanding of developmental milestones as they pertain to cognition and language development.
Part 1:
Based on the required resources above, create a children’s picture book using
StoryJumper (Links to an external site.)
that tells a story about a child’s typical day. Your story must incorporate at least four cognitive and four language development milestones for the age-group you have selected. Your story can be about a fictional child or can be based on a real child. Watch the video,
StoryJumper Tutorial (Links to an external site.)
, for assistance in using StoryJumper.
To complete this assignment, you must
Create a children’s picture book using StoryJumper.
Identify at least four cognitive development milestones appropriate to the age-group selected.
Distinguish at least four language development milestones appropriate to the age-group selected.
Discuss a typical day appropriate to the age-group selected.
Part 2:
Open the
Cognitive and Language Development Milestones Picture Book Template
and complete the following items:
Provide the link to the StoryJumper picture book you created in Part 1.
Indicate which age-group your picture book will discuss.
List at least four cognitive development milestones that are included in your picture book.
List at least four language development milestones that are included in your picture book.
Submit your Word document to Waypoint.
The Cognitive and Language Development Milestones Picture Book:
Must be eight to 10 pages of text in length (not including title page, images, and references page) and formatted according to APA style as outlined in the Ashford Writing Center’s
APA Style (Links to an external site.)
Must include a separate title page with the following:
Title of picture book
Student’s name
Course name and number
Instructor’s name
Date submitted
Must document any information used from sources in APA style as outlined in the Ashford Writing Center’s
Citing Within Your Paper (Links to an external site.)
Must include a separate references page or slide that is formatted according to APA style as outlined in the Ashford Writing Center. See the
Formatting Your References List (Links to an external site.)
resource in the Ashford Writing Center for specifications.
CHAPTER 6 SUMMARY
Piaget’s Cognitive-Developmental Theory.
Codes of (un)dress and gender constructs from the Greek to t.docxmary772
Codes of (un)dress and gender constructs
from the Greek to the Roman world
he
By 6th c. BC: Greek male and female dress codes firmly established
Archaic kouros
and kore statues
demonstrate how
the body was
used in the
naturalization of
gender
constructs
The naked male
body in the
classical period:
the Doryphoros as
a heroic athlete-
warrior citizen
Male sexuality: conditions by the patriarchal ideology of
domination, it restricted sexual expression and freedom
in homosexual
relations
and heterosexual
relations
In the classical
period,
while the naked
male body was
idealized and
heroized,
the female naked
body was always
sexualized and
objectified.
Centauromachy (late 5th c.
Bassae): the Greek female is
defenseless and sexualized
(must be defended by Greek
men).
Gendered
nakedness in
mythological
scenes:
the Greek
male is
always
heroized
Amazonomachy (4th c.
Halikarnassos): the non-
Greek female is wild and
sexualized (must be
dominated by Greek men).
Aphrodite (Roman Venus): at first fully dressed
The gradual disrobing of Aphrodite in monumental statues, late 5th to
4th c. BC (Roman copies)
“Venus Genetrix”,
original late 5th c. BC
“Venus of Capua”,
original 4th c. BC
Aphrodite of Knidos,
original 4th c. BC
Late 5th c. onwards: minor goddesses were also represented sexualized in
statues, but only Aphrodite appeared entirely naked by the 4th c. BC.
Nike (Victory), late
5th c., Olympia.
Aphrodite of Knidos by
Praxiteles, 4th c. (Roman copy)
Aphrodite “Beautiful
Buttocks”, Roman
copy (Greek ca. 300).
Doryphoros and
Aphrodite of Knidos
(Knidia or Knidian
Aphrodite), Roman
copies.
What main
differences do you
observe?
Was her nakedness
really threatening to
patriarchy (Andrew
Stewart)?
Or, in what ways
was her nakedness
aligned with
patriarchal ideology?
Could she have been
empowering for
women?
The traditional visual
presence of a divine
statue at the far end of
a rectangular temple
was very different
(Olympian Zeus)
Aphrodite of Knidos was displayed in an unusual temple (round plan), so as to
be seen from all sides, like a beautiful object.
The original
Aphrodite of
Knidos is lost.
Numerous
Roman copies
of the Knidian
Aphrodite exist
(with variations
in details).
“Colonna
Venus” Vatican
Museums.
“Ludovisi
Venus”,
Palazzo
Altemps, Rome
(only the torso
is ancient, the
rest is 17th-c,
restoration.)
Capitoline Venus, Rome
Medici Venus, Florence
Variations on the
“Venus pudica” type,
Greek Hellenistic
originals, Roman
copies.
Are they more modest
or also more shamed?
Latin pudore: modesty,
chastity, shame.
Greek aidos: shame,
modesty
(aidion=vagina)
There is no male “pudicus”
type in Greco-Roman
sculpture.
These unequal gender
constructs are still around
today,
to the detriment of all of us!
There is no male
“pudicus” type in Greco-
Roman sculpture.
An effec.
Coding Assignment 3CSC 330 Advanced Data Structures, Spri.docxmary772
Coding Assignment 3
CSC 330: Advanced Data Structures, Spring 2019
Released Monday, April 15, 2019
Due on Canvas on Wednesday, May 1, at 11:59pm
Overview
In this assignment, you’ll implement another variant of a height-balancing tree known as a
splay tree. The assignment will also give you an opportunity to work with Java inheritance;
in particular, the base code that you’ll amend is structured so that your SplayTree class
extends from an abstract class called HeightBalancingTree, which gives a general template
for how a height-balancing tree should be defined.
As always, please carefully read the entire write-up before you begin coding your submission.
Splay Trees
As mentioned above, a splay tree is another example of a height-balancing tree — a binary
search tree that, upon either an insertion or deletion, modifies the tree through a sequence
of rotations in order to reduce the overall height of the tree.
However, splay trees differ from the other height-balancing trees we’ve seen (AVL trees,
red-black trees) in terms of the type of guarantees that they provide. In particular, recall
that both AVL trees and red-black trees maintain the property that after any insertion or
deletion, the height of the tree is O(log n), where n is the number of elements in the tree.
Splay trees unfortunately do not provide this (fairly strong) guarantee; namely, it is possible
for the height of a splay tree to become greater than O(log n) over a sequence of insertions
and deletions.
Instead, splay trees provide a slightly weaker (though still meaningful) guarantee known as
an amortized bound, which is essentially just a bound on the average time of a single opera-
tion over the course of several operations. In the context of splay trees, one can show that
over the course of, say, n insertions to build a tree with n elements, the average time of each
of these operations is O(log n) (but again, keeping in mind it is possible for any single one
of these operations to take much longer than this).
Showing this guarantee is beyond the scope of this course (although the details of the analy-
sis can be found in your textbook). Instead, in this assignment, we will just be in interested
1
r splay:
N
root
root
2
1
1
2
l splay:
N
1
2
rr splay:
N
N
N
ll splay:
rl splay:
1
2
N
lr splay:
Figure 1: Illustration of the six possible cases for on a given step of a splay operation.
in writing an implementation of a splay tree in Java that is structured using inheritance.
Splay Tree Insertions and Deletions
To insert or delete an element from the tree, splay trees use the same approach as the other
height-balancing trees we’ve discussed in class — first we insert/deletion an element using
standard BST procedures, and then perform a “height-fixing” procedure that rebalances the
tree. Thus, what distinguishes each of these height-balancing trees from one another is how
they define their height-fixing procedures.
To fix the tree after both inser.
CodeZipButtonDemo.javaCodeZipButtonDemo.java Demonstrate a p.docxmary772
CodeZip/ButtonDemo.javaCodeZip/ButtonDemo.java// Demonstrate a push button and handle action events.
import java.awt.*;
import java.awt.event.*;
import javax.swing.*;
publicclassButtonDemoimplementsActionListener{
JLabel jlab;
JTextField jtf;
ButtonDemo(){
// Create a new JFrame container.
JFrame jfrm =newJFrame("A Button Example");
// Specify FlowLayout for the layout manager.
jfrm.setLayout(newFlowLayout());
// Give the frame an initial size.
jfrm.setSize(220,90);
// Terminate the program when the user closes the application.
jfrm.setDefaultCloseOperation(JFrame.EXIT_ON_CLOSE);
// Make two buttons.
JButton jbtnUp =newJButton("Up");
JButton jbtnDown =newJButton("Down");
// Create a text field.
jtf =newJTextField(10);
// Add action listeners.
jbtnUp.addActionListener(this);
jbtnDown.addActionListener(this);
// Add the buttons to the content pane.
jfrm.add(jbtnUp);
jfrm.add(jbtnDown);
jfrm.add(jtf);
// Create a label.
jlab =newJLabel("Press a button.");
// Add the label to the frame.
jfrm.add(jlab);
// Display the frame.
jfrm.setVisible(true);
}
// Handle button events.
publicvoid actionPerformed(ActionEvent ae){
if(ae.getActionCommand().equals("Up")){
jlab.setText("You pressed Up.");
FileClock clock1=newFileClock(jtf);
Thread thread1=newThread(clock1);
thread1.start();
}
else
jlab.setText("You pressed down. ");
}
publicstaticvoid main(String args[]){
// Create the frame on the event dispatching thread.
SwingUtilities.invokeLater(newRunnable(){
publicvoid run(){
newButtonDemo();
}
});
}
}
CodeZip/CBDemo.javaCodeZip/CBDemo.java// Demonstrate check boxes.
import java.awt.*;
import java.awt.event.*;
import javax.swing.*;
publicclassCBDemoimplementsItemListener{
JLabel jlabSelected;
JLabel jlabChanged;
JCheckBox jcbAlpha;
JCheckBox jcbBeta;
JCheckBox jcbGamma;
CBDemo(){
// Create a new JFrame container.
JFrame jfrm =newJFrame("Demonstrate Check Boxes");
// Specify FlowLayout for the layout manager.
jfrm.setLayout(newFlowLayout());
// Give the frame an initial size.
jfrm.setSize(280,120);
// Terminate the program when the user closes the application.
jfrm.setDefaultCloseOperation(JFrame.EXIT_ON_CLOSE);
// Create empty labels.
jlabSelected =newJLabel("");
jlabChanged =newJLabel("");
// Make check boxes.
jcbAlpha =newJCheckBox("Alpha");
jcbBeta =newJCheckBox("Beta");
jcbGamma =newJCheckBox("Gamma");
// Events generated by the check boxes
// are handled in common by the itemStateChanged()
// method implemented by CBDemo.
jcbAlpha.addItemListener(this);
jcbBeta.addItemListener(this);
jcbGamma.addItemListener(this);
// Add checkboxes and labels to the content pane.
jfrm.add(jcbAlpha);
jfrm.add(jcbBeta);
jfrm.add(jcbGamma);
jfrm.add(jlabChanged);
jfrm.add(jlabSelected);
// Display the frame.
jfrm.setVisible(true);
}
// This is the handler for the check boxes..
CoevolutionOver the ages, many species have become irremediably .docxmary772
Coevolution
Over the ages, many species have become irremediably linked. Whether in the context of an arms race or cooperation to conquer new ecosystems, they have no choice but to evolve together . According to Paul Ehrlich and Peter Raven, who introduced the term in 1964, "Coevolution is the evolution of two or more entities caused by the action between these entities of reciprocal selective factors. Organizations must therefore influence each other (Thompson, 1989). Coevolution relates to this week’s theme by the how natural selection affects the ecosystem. The book compares coevolution to an ecological arm race (Bensel & Turk, 2014). One example is a case of bats as stated in the book and their use of echolocation to be able to find insects. One insect that tries to outsmart it is a tiger moth which blocks out and jam’s the bats signal with a high frequency clicks and the bat fly’s erratically to confuse the moth. This is important in adaptation and of evolution of any new biological species. There are two kinds of interactions that happen that can lead to competitive coevolution. One interactions is predation in which one organism kills another organism. The second one is parasitism in which one organism benefits by damaging but not killing another organism.
This term affects living things and the physical world because if we didn’t have the natural selection all our ecosystem who would be extinct including human beings. Many recent studies state that environmental changes have messed with the balance between interacting species and leading to their extinction. When we use the three models of coevolution such as competition, predation, mutualism in organizing and synthesizing ways to modify species interaction when there is climate change in favoring one species over another. Coevolution reduces the effects of climate change and leads to lowering chances in extinction. By getting an understanding of our nature of coevolution in how they interact with different species and our communities interact and respond to the changing climate.
We as human kind must take action and not let our natural system and ecosystem suffer because of our greed for economic growth (Cairns, 2007). We must also be careful of our matriac consumption and forget about ecological and sustainability ethics. (Cairns, 2007). Humans need to take action to better take care of our ecosystem and environment. Morowitz (1992) stated in this journal, “Sustained life is a property of an ecological system rather than a single organism or species.” There are no species that can exist without the ecological life support system even humans (Cairns, 2007). We need to put more effort in taking care of our environment by creating more organizations in getting our communities involved. In achieving sustainability they must guide through ecological and sustainability ethics. There are many challenges that will come but with achieving sustainable use of our planet our environment will .
Coding Component (50)Weve provided you with an implementation .docxmary772
Coding Component (50%)
We've provided you with an implementation of an unbalanced binary search tree. The tree implements an ordered dynamic set over a generic comparable type T. Supported operations include insertion, deletion, min, max, and testing whether a value is in the set (via the exists method). Because it's a set, duplicates are not allowed, and the insert operation will not insert a value if it is already present.
We have implemented the BST operations in a recursive style. For example, inserting a value into a tree recurses down the tree seeking the correct place to add a new leaf. Each recursive call returns the root of the subtree on which it was called, after making any modifications needed to the subtree to perform the insertion. Deletion is implemented similarly.
Your job is to add the functionality needed to keep the tree balanced using the AVL property. In particular, you will need to
· augment the tree to maintain the height of each of its subtrees, as discussed in Studio;
· compute the balance at the root of a subtree (which is the height of the root's left subtree minus that of its right subtree);
· implement the AVL rebalancing operation, along with the supporting rotation operations; and
· call the height maintenance and rebalancing operations at the appropriate times during insertion and deletion.
Code Outline
There are two main source code files you need to consider, both in the avl package:
· TreeNode.java implements a class TreeNode that represents a node of a binary search tree. It holds a value (the key of the node) along with child and parent pointers. It has a height data member that is currently not used for anything. You should not modify this file, but you need to understand its contents.
· AVLTree.java implements an ordered set as a binary search tree made out of TreeNode objects.
The AVLTree class provides an interface that includes element insertion and deletion, as well as an exists() method that tests whether a value is present in the set. It also offers min() and max() methods. These methods all work as given for (unbalanced) BSTs, using the algorithms we discussed in lecture.
To implement the AVL balancing method, you will need to fill in some missing code to maintain the height of each subtree and perform rebalancing. Look for the 'FIXME' tags in AVLTree.java to see which methods you must modify.
Height Maintenance
You'll need to set the height data member each time a new leaf is allocated in the tree. You can then maintain the height as part of insertion or deletion using the incremental updating strategy you worked out in Studio 10, Part C.
The update procedure updateHeight() takes in a node and updates its height using the heights of its two subtrees. It should run in constant time.
You'll need to call updateHeight() wherever it is needed – in insertion, deletion, and perhaps elsewhere.
Rebalancing
You must implement four methods as part of AVL rebalancing:
· getBalance() computes the balance fact.
Codes of Ethics Guides Not Prescriptions A set of rules and di.docxmary772
Codes of Ethics: Guides Not Prescriptions A set of rules and directives that would result in efficient and ethical professional practice would be something clearly welcomed by student and professional alike. However, as should be clear by now, such prescriptions or recipes for professional practice do not exist, nor does every client and every professional condition provide clear-cut avenues for progress. Professional practice is both complex and complicated. The issues presented are often confounded and conflicting. The process of making sense of the options available and engaging in the path that leads to effective, ethical practice cannot be preprogrammed but rather needs to be fluid, flexible, and responsive to the uniqueness of the client and the context of helping. The very dynamic and fluid nature of our work with clients prohibits the use of rigid, formulaic prescriptions or directions. Never is this so obvious as when first confronted with an ethical dilemma. Consider the subtle challenges to practice decisions presented in Case Illustration 7.1. The case reflects a decision regarding the release of information and the potential breach of confidentiality. The element confounding the decision, as you will see, is that the client was deceased and it was the executrix of the estate providing permission to release the information to a third party.
Case Illustration 7.1 Conditions for Maintaining Confidentiality While all clinicians have been schooled in the issue of confidentiality and the various conditions under which confidentiality must be breached (e.g., prevention of harm to self or another), the conditions of maintenance of confidentiality can be somewhat blurred when the material under consideration is that of a client who is now deceased. Consider the case of Dr. Martin Orne, MD, PhD. Dr. Orne was a psychotherapist who worked with Anne Sexton, a Pulitzer Prize winner. Following the death of Ms. Sexton, an author, Ms. Middlebrook, set out to write her biography. In doing her research, Ms. Middlebrook discovered that Dr. Orne had tape-recorded a number of sessions with Ms. Sexton in order to allow her to review the sessions, and he had not destroyed the tapes following her death. Ms. Middlebrook approached Linda Gray Sexton, the daughter of the client and the executrix of the estate, seeking permission to access these tapes of the confidential therapy sessions as an aid to her writing. The daughter granted permission for release of the therapeutic tapes. A number of questions could be raised around this case, including the ethics of tape-recording or the ethics of maintenance of the tapes following the death of the client. However, the most pressing issue involves the conditions under which confidentiality should be maintained. The challenge here is, should Dr. Orne release the tapes in response to the daughter’s granting of permission, or does his client have the right to confidentiality even beyond the grave? As noted, t.
Codecademy Monetizing a Movement 815-093 815-093 Codecademy.docxmary772
Codecademy: Monetizing a Movement? 815-093
815-093 Codecademy: Monetizing a Movement?
Codecademy: Monetizing a Movement? 815-093
9-815-093
RE V : OCT OB E R 1 4 , 2 0 1 5
JEFFREY J. BU SSGANG
LISA C. MA ZZANTI
Codecademy: Monetizing a Movement?
We’re a movement to make education more of a commodity. We’re not just a for-profit company. Our mission would get tainted if we charged consumers for content. We need to be authentic.
— Zach Sims, Cofounder and CEO
Zach Sims and Ryan Bubinski sat in the Codecademy headquarters, an exposed-brick fourth-floor office near Madison Square Park in New York City. In 2011, while in their early twenties, the two had founded Codecademy, an open-platform, online community to teach users to code. By 2014, they had a total of 24 million unique users and a library of over 100,000 lessons. The company had raised a total of $12.5 million in funding and was, on many fronts, an overwhelming success. However, there were still no revenues. The company’s website stated, “Codecademy is free and always will be.”1
The founders, along with the board, had decided that 2014 would be a year of experimentation with different monetization strategies. By June, the cofounders had preliminarily tested two monetization models. The first charged companies for training employees offline on coding skills, a service that the training departments of these companies paid an annual fee to receive. The second monetization model focused on a labor marketplace to match Codecademy users with jobs that corporations and recruiters were seeking to fill.
But 2014 had also been busy in other arenas for the 25-employee company. In April, the company launched a redesign of its website, because, as the Codecademy blog announced, “it quickly became apparent that if we wanted to grow and mature as a brand, we required a thorough redesign of our entire product.”2 The next month, the company announced that they were opening an office in London to work with the British education system and also had forged partnerships with foundations and government bodies in Estonia, Argentina, and France.
As Sims and Bubinski huddled in their glass-walled conference room, they tried to focus on the task at hand—to narrow down their ideas and eventually decide on a viable business model. The two reviewed early results from both experiments to prepare for the upcoming board meeting where they planned to present their findings and propose next steps. The employee-training experiments had yielded promising initial results but would require hiring a sales force, offline instructors, and some content customization to scale. The labor marketplace model promised less friction in scaling but represented a more crowded market opportunity.
Senior Lecturer Jeffrey J. Bussgang and Case Researcher Lisa C. Mazzanti (Case Research & Writing Group) prepared this case. It was reviewed and approved before publication by a company designate. Funding for the develo.
Code switching involves using 1 language or nonstandard versions of .docxmary772
Code switching involves using 1 language or nonstandard versions of a language instead of another language due to setting, conversational partner, topic, and other factors.
Respond to the following in a minimum of 175 words:
When was a time that you engaged in code switching?
Why did you engage in code switching?
What were the potential benefits and potential consequences of code switching in that scenario?
What was the result of your actions?
.
Code of Ethics for the Nutrition and Dietetics Pr.docxmary772
Code of Ethics
for the Nutrition and Dietetics Profession
Effective Date: June 1, 2018
Preamble:
When providing services the nutrition and dietetics practitioner adheres to the core values of customer focus,
integrity, innovation, social responsibility, and diversity. Science-based decisions, derived from the best available research
and evidence, are the underpinnings of ethical conduct and practice.
This Code applies to nutrition and dietetics practitioners who act in a wide variety of capacities, provides general
principles and specific ethical standards for situations frequently encountered in daily practice. The primary goal is the
protection of the individuals, groups, organizations, communities, or populations with whom the practitioner works and
interacts.
The nutrition and dietetics practitioner supports and promotes high standards of professional practice, accepting
the obligation to protect clients, the public and the profession; upholds the Academy of Nutrition and Dietetics (Academy)
and its credentialing agency the Commission on Dietetic Registration (CDR) Code of Ethics for the Nutrition and Dietetics
Profession; and shall report perceived violations of the Code through established processes.
The Academy/CDR Code of Ethics for the Nutrition and Dietetics Profession establishes the principles and ethical
standards that underlie the nutrition and dietetics practitioner’s roles and conduct. All individuals to whom the Code
applies are referred to as “nutrition and dietetics practitioners”. By accepting membership in the Academy and/or accepting
and maintaining CDR credentials, all nutrition and dietetics practitioners agree to abide by the Code.
Principles and Standards:
1. Competence and professional development in practice (Non-maleficence)
Nutrition and dietetics practitioners shall:
a. Practice using an evidence-based approach within areas of competence, continuously develop and enhance
expertise, and recognize limitations.
b. Demonstrate in depth scientific knowledge of food, human nutrition and behavior.
c. Assess the validity and applicability of scientific evidence without personal bias.
d. Interpret, apply, participate in and/or generate research to enhance practice, innovation, and discovery.
e. Make evidence-based practice decisions, taking into account the unique values and circumstances of the
patient/client and community, in combination with the practitioner’s expertise and judgment.
f. Recognize and exercise professional judgment within the limits of individual qualifications and collaborate
with others, seek counsel, and make referrals as appropriate.
g. Act in a caring and respectful manner, mindful of individual differences, cultural, and ethnic diversity.
h. Practice within the limits of their scope and collaborate with the inter-professional team.
2. Integrity in personal and organizational behaviors and practices (Autonomy)
N.
Code of Ethics for Engineers 4. Engineers shall act .docxmary772
Code of Ethics for Engineers
4. Engineers shall act for each employer or client as faithful agents or
trustees.
a. Engineers shall disclose all known or potential conflicts of interest
that could influence or appear to influence their judgment or the
quality of their services.
b. Engineers shall not accept compensation, financial or otherwise,
from more than one party for services on the same project, or for
services pertaining to the same project, unless the circumstances are
fully disclosed and agreed to by all interested parties.
c. Engineers shall not solicit or accept financial or other valuable
consideration, directly or indirectly, from outside agents in
connection with the work for which they are responsible.
d. Engineers in public service as members, advisors, or employees
of a governmental or quasi-governmental body or department shall
not participate in decisions with respect to services solicited or
provided by them or their organizations in private or public
engineering practice.
e. Engineers shall not solicit or accept a contract from a governmental
body on which a principal or officer of their organization serves as
a member.
5. Engineers shall avoid deceptive acts.
a. Engineers shall not falsify their qualifications or permit
misrepresentation of their or their associates’ qualifications. They
shall not misrepresent or exaggerate their responsibility in or for the
subject matter of prior assignments. Brochures or other
presentations incident to the solicitation of employment shall not
misrepresent pertinent facts concerning employers, employees,
associates, joint venturers, or past accomplishments.
b. Engineers shall not offer, give, solicit, or receive, either directly or
indirectly, any contribution to influence the award of a contract by
public authority, or which may be reasonably construed by the
public as having the effect or intent of influencing the awarding of a
contract. They shall not offer any gift or other valuable
consideration in order to secure work. They shall not pay a
commission, percentage, or brokerage fee in order to secure work,
except to a bona fide employee or bona fide established commercial
or marketing agencies retained by them.
III. Professional Obligations
1. Engineers shall be guided in all their relations by the highest standards
of honesty and integrity.
a. Engineers shall acknowledge their errors and shall not distort or
alter the facts.
b. Engineers shall advise their clients or employers when they believe
a project will not be successful.
c. Engineers shall not accept outside employment to the detriment of
their regular work or interest. Before accepting any outside
engineering employment, they will notify their employers.
d. Engineers shall not attempt to attract an engineer from another
employer by false or misleading pretenses.
e. Engineers shall not promote their own interest at the expense of the
dignity and integr.
Coder Name: Rebecca Oquendo
Coding Categories:
Episode
Aggressive Behavior
Neutral Behavior
Virtuous Behavior
Aggressive Gaming
Neutral Gaming
Virtuous Gaming
An older peer began using slurs or derogatory language
An older peer suggested that the team should cheat
The child witnessed an older peer intentionally leave out another player
An older player suggested that they play a different game
The child lost the game with older players on their team
The child witnessed an older player curse every time a mistake was made
Index:
· In this case aggressive behavior would constitute as mimicking older members undesired behaviors or becoming especially angry or agitated in game. A neutral behavior would be playing as they usually would not mimicking older player’s behaviors or trying to fit in to their more aggressive styles. A virtuous behavior would be steering the game away from aggression, voicing an opinion about the excessive aggression, or finding a way to express their gaming experience in a positive way. The same can be applied for the similar categories in “gaming”.
· Each category can be scaled from 1-7 in which way the child’s dialogue tended to be behavior and gaming wise with a 1 indicating little to no effort in that direction and a 7 indicating extreme effort in that category.
1. What are the different types of attributes? Provide examples of each attribute.
2. Describe the components of a decision tree. Give an example problem and provide an example of each component in your decision making tree
3. Conduct research over the Internet and find an article on data mining. The article has to be less than 5 years old. Summarize the article in your own words. Make sure that you use APA formatting for this assignment.
Questions from attached files
1. Obtain one of the data sets available at the UCI Machine Learning Repository and apply as many of the different visualization techniques described in the chapter as possible. The bibliographic notes and book Web site provide pointers to visualization software.
2. Identify at least two advantages and two disadvantages of using color to visually represent information.
3. What are the arrangement issues that arise with respect to three-dimensional plots?
4. Discuss the advantages and disadvantages of using sampling to reduce the number of data objects that need to be displayed. Would simple random sampling (without replacement) be a good approach to sampling? Why or why not?
5. Describe how you would create visualizations to display information that describes the following types of systems.
a) Computer networks. Be sure to include both the static aspects of the network, such as connectivity, and the dynamic aspects, such as traffic.
b) The distribution of specific plant and animal species around the world fora specific moment in time.
c) The use of computer resources, such as processor time, main me.
Codes of Ethical Conduct A Bottom-Up ApproachRonald Paul .docxmary772
Codes of Ethical Conduct: A Bottom-Up Approach
Ronald Paul Hill • Justine M. Rapp
Received: 18 January 2013 / Accepted: 12 December 2013 / Published online: 1 January 2014
� Springer Science+Business Media Dordrecht 2013
Abstract Developing and implementing a meaningful
code of conduct by managers or consultants may require a
change in orientation that modifies the way these precepts
are determined. The position advocated herein is for a
different approach to understanding and organizing the
guiding parameters of the firm that requires individual
reflection and empowerment of the entire organization to
advance their shared values. The processes involved are
discussed using four discrete stages that move from the
personal to the work team and to the unit to the full
company, followed by the board of directors’ evaluation.
The hoped-for end product is dynamic, employee-driven,
codes of conduct that recognize the systemic and far-
reaching impact of organizational activities across internal
and external stakeholders. Operational details for and some
issues associated with its implementation are also provided.
Keywords Code of conduct � Employee-driven
approaches � Bottom-up development
Corporation, Be Good! Frederick (2006)
That managers and employees are capable of both ethical
and unethical behaviors due to individual and internal
corporate culture factors cannot be denied (Ashforth and
Anand 2003; Treviño and Weaver 2003; Treviño et al.
2006). Over the last decade, as diverse organizational
stakeholders began exerting more pressure on firms to
eliminate unethical conduct, the field of management has
witnessed a proliferation of research on ethics and ethical
behavior in organizations (Elango et al. 2010; Gopala-
krishnan et al. 2008; O’Fallon and Butterfield 2005; Tre-
viño et al. 2006).
However, recent ethical failures, as well as continuous
ethical challenges that organizations face, have led scholars
to conclude that predicting ethical dilemmas is difficult a
priori: ‘‘It is only, when we look back on our conduct over
the long run that we may find ourselves guilty of moral
laxity’’ (Geva 2006, p. 138). What underlies this particular
situation is the inability of organizational elites to monitor
and implement initiatives within today’s complex business
entities (Martin and Eisenhardt 2010; Uhl-Bien et al.
2007). Accordingly, more dynamic approaches to business
ethics is needed, one that spans ‘‘both the individual and
organizational levels’’ of concern (Gopalakrishnan et al.
2008, p. 757).
As a consequence and in reaction to neoclassical eco-
nomics, managers and their employees are expected to go
beyond dictates imposed by the law and marketplace to
fulfill larger responsibilities (Stark 1993). This expectation
is accomplished through adoption of a stakeholder per-
spective that is infused with empathy for people, groups,
and communities that may be impacted by the actions of
business.
Code#RE00200012002020MN2DGHEType of Service.docxmary772
Code#RE00200012002020MN2DGHE
*****************
Type of Service
Presentation task- Attack Vector
Solution
s Step 14: Submit the Presentation
Project Title/Subject
Attack Vector
.
CODE OF ETHICSReview the following case study and address the qu.docxmary772
CODE OF ETHICS
Review the following case study and address the questions that follow:
General Hospital’s staff aggregated its infection rate data for comparison purposes with four other hospitals in the community. The staff members were aware that the data was flawed. They presented a false perception that General Hospital’s postoperative infection rates were lower than those of peer hospitals. The comparison data was published in the local newspaper. The Jones family, believing the data to be correct and concerned about the number of deaths related to hospital-acquired infections, relied on the data in selecting General Hospital as their preferred hospital.
Tasks:
Describe how organizational and professional codes of ethics were violated in this case.
Describe what role an organization’s ethics committee could play in addressing this or similar issues.
400 words APA format
.
cocaine, conspiracy theories and the cia in central america by Craig.docxmary772
cocaine, conspiracy theories and the cia in central america by Craig Delaval
Delaval is a freelance writer and filmmaker and was a production assistant for "Drug Wars." This article was edited by Lowell Bergman, series reporter for "Drug Wars."
Since its creation in 1947 under President Harry Truman, the CIA has been credited with a number of far-fetched operations. While some were proven - the infamous LSD mind-control experiments of the 1950s - others, like the assassination of John F. Kennedy and the crash of the Savings and Loans industry, have little or no merit.
In 1996 the agency was accused of being a crack dealer.
A series of expose articles in the San Jose Mercury-News by reporter Gary Webb told tales of a drug triangle during the 1980s that linked CIA officials in Central America, a San Francisco drug ring and a Los Angeles drug dealer. According to the stories, the CIA and its operatives used crack cocaine--sold via the Los Angeles African-American community--to raise millions to support the agency's clandestine operations in Central America.
The CIA's suspect past made the sensational articles an easy sell. Talk radio switchboards lit up, as did African-American leaders like U.S. Rep. Maxine Waters, D-Los Angeles, who pointed to Webb's articles as proof of a mastermind plot to destroy inner-city black America.
One of the people who was accused in the San Jose Mercury-News of being in the midst of the CIA cocaine conspiracy is one of the most respected, now retired, veteran D.E.A. agents, Robert "Bobby" Nieves.
"You have to understand Central America at that time was a haven for the conspiracy theorists. Christic Institute, people like Gary Webb, others down there, looking to dig up some story for political advantage," Nieves said. "No sexier story than to create the notion in people's minds that these people are drug traffickers."
But in the weeks following publication, Webb's peers doubted the merit of the articles. Fellow journalists at the Washington Post, New York Times and Webb's own editor accused him of blowing a few truths up into a massive conspiracy.
Amongst Webb's fundamental problems was his implication that the CIA lit the crack cocaine fuse. It was conspiracy theory: a neat presentation of reality that simply didn't jibe with real life. Webb later agreed in an interview that there is no hard evidence that the CIA as an institution or any of its agent-employees carried out or profited from drug trafficking.
Still, the fantastic story of the CIA injecting crack into ghettos had taken hold. In response to the public outcry following Webb's allegations--which were ultimately published in book form under the title Dark Alliance--the CIA conducted an internal investigation of its role in Central America related to the drug trade. Frederick Hitz, as the CIA Inspector General-- an independent watchdog approved by Congress--conducted the investigation. In October 1998, the CIA released a declassifie.
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
Honest Reviews of Tim Han LMA Course Program.pptxtimhan337
Personal development courses are widely available today, with each one promising life-changing outcomes. Tim Han’s Life Mastery Achievers (LMA) Course has drawn a lot of interest. In addition to offering my frank assessment of Success Insider’s LMA Course, this piece examines the course’s effects via a variety of Tim Han LMA course reviews and Success Insider comments.
Code of Business Conduct and Ethics(Adopted by the Board.docx
1. Code of Business Conduct and Ethics
(Adopted by the Board of Directors on May 20, 2010)
Introduction
This Code of Business Conduct and Ethics covers a wide range
of business practices and procedures. It does not cover every
issue that may arise, but it sets out basic principles to guide all
employees, directors and officers of Tesla Motors, Inc, (the
"Company"). All of our employees, directors and officers must
conduct themselves accordingly and seek to avoid even the
appearance of improper behavior. The Code should also be
provided to and followed by the Company's agents and
representatives, including consultants.
If a law conflicts with a policy in this Code, you must comply
with the law. If you have any questions about these conflicts,
you
should ask your supervisor how to handle the situation.
Those who violate the standards in this Code will be subject to
disciplinary action, up to and including termination of
employment. If you are in a situation which you believe may
violate or lead to a violation of this Code, follow the guidelines
described in Section 14 of this Code.
1. Compliance with Laws, Rules and Regulations
Obeying the law, both in letter and in spirit, is the foundation
on which this Company's ethical standards are built. All
2. employees
must respect and obey the laws of the cities, states and
countries in which we operate. Although not all employees are
expected to know the details of these laws, it is important to
know enough to determine when to seek advice from
supervisors,
managers or other appropriate personnel.
If requested, the Company will hold information and training
sessions to promote compliance with laws, rules and
regulations,
including insider-trading laws.
2. Conflicts of Interest
A "conflict of interest" exists when a person's private interest
interferes, or appears to interfere, in any way with the interests
of
the Company. A conflict situation can arise when an employee,
officer or director takes actions or has interests that may make
it difficult to perform his or her Company work objectively and
effectively. Conflicts of interest may also arise when an
employee,
officer or director, or members of his or her family, receives
improper personal benefits as a result of his or her position in
the
Company. Loans to, or guarantees of obligations of, employees
and their family members may create conflicts of interest.
It is almost always a conflict of interest for a Company
employee to work simultaneously for a competitor, customer or
supplier.
You are not allowed to work for a competitor as a consultant or
board member. The best policy is to avoid any direct or indirect
business connection with our customers, suppliers or
competitors, except on our behalf. Conflicts of interest are
3. prohibited as a
matter of Company policy, except under guidelines approved by
the Board of Directors. Conflicts of interest may not always be
clear-cut, so if you have a question, you should consult with
higher levels of management or the Company's Legal
Department.
Any employee, officer or director who becomes aware of a
conflict or potential conflict should bring it to the attention of a
supervisor, manager or other appropriate personnel or consult
the procedures described in Section 14 of this Code.
3. Insider Trading
Employees who have access to confidential information are not
permitted to use or share that information for stock trading
purposes or for any other purpose except the conduct of our
business. All non-public information about the Company should
be considered confidential information. To use non-public
information for personal financial benefit or to "tip" others who
might
make an investment decision on the basis of this information is
not only unethical but also illegal. In order to assist with
compliance with laws against insider trading, the Company has
adopted a specific policy governing employees' trading in
securities of the Company. This policy has been distributed to
every employee. If you have any questions, please consult the
Company's Legal Department.
4. Corporate Opportunities
Employees, officers and directors are prohibited from taking for
themselves personally opportunities that are discovered
through the use of corporate property, information or position
without the consent of the Board of Directors. No employee
4. may
use corporate property, information, or position for improper
personal gain, and no employee may compete with the Company
directly or indirectly. Employees, officers and directors owe a
duty to the Company to advance its legitimate interests when
the
opportunity to do so arises.
5. Competition and Fair Dealing
We seek to outperform our competition fairly and honestly.
Stealing proprietary information, possessing trade secret
information that was obtained without the owner's consent, or
inducing such disclosures by past or present employees of other
companies is prohibited. Each employee, officer and director
should endeavor to respect the rights of and deal fairly with the
Company's customers, suppliers, competitors and employees.
No employee, officer or director should take unfair advantage
of
anyone through manipulation, concealment, abuse of privileged
information, misrepresentation of material facts, or any other
intentional unfair-dealing practice.
The purpose of business entertainment and gifts in a commercial
setting is to create good will and sound working relationships,
not to gain unfair advantage with customers. No gift or
entertainment should ever be offered, given, provided or
accepted by
any Company employee, family member of an employee or
agent unless it: (1) is not a cash gift, (2) is consistent with
customary business practices, (3) is not excessive in value, (4)
cannot be construed as a bribe or payoff and (5) does not
violate any laws or regulations. Please discuss with your
supervisor any gifts or proposed gifts which you are not certain
are
appropriate.
5. 6. Discrimination and Harassment
The diversity of the Company's employees is a tremendous
asset. We are firmly committed to providing equal opportunity
in all
aspects of employment and will not tolerate any illegal
discrimination or harassment of any kind. Examples include
derogatory
comments based on racial or ethnic characteristics and
unwelcome sexual advances.
7. Health and Safety
The Company strives to provide each employee with a safe and
healthy work environment. Each employee has responsibility
for maintaining a safe and healthy workplace for all employees
by following safety and health rules and practices and reporting
accidents, injuries and unsafe equipment, practices or
conditions.
Violence and threatening behavior are not permitted. Employees
should report to work in condition to perform their duties, free
from the influence of illegal drugs or alcohol. The use of illegal
drugs in the workplace will not be tolerated.
8. Record-Keeping
The Company requires honest and accurate recording and
reporting of information in order to make responsible business
decisions. For example, only the true and actual number of
hours worked should be reported.
Many employees regularly use business expense accounts,
which must be documented and recorded accurately. If you are
not
6. sure whether a certain expense is legitimate, ask your
supervisor or your controller.
All of the Company's books, records, accounts and financial
statements must be maintained in reasonable detail, must
appropriately reflect the Company's transactions and must
conform both to applicable legal requirements and to the
Company's system of internal controls. Unrecorded or "off the
books" funds or assets should not be maintained unless
permitted by applicable law or regulation.
Business records and communications often become public, and
we should avoid exaggeration, derogatory remarks,
guesswork, or inappropriate characterizations of people and
companies that can be misunderstood. This applies equally to e-
mail, internal memos, and formal reports. Records should
always be retained or destroyed according to the Company's
record
retention policies. In accordance with those policies, in the
event of litigation or governmental investigation please consult
the
Company's Legal Department.
9. Confidentiality
Employees, officers and directors must maintain the
confidentiality of confidential information entrusted to them by
the
Company or its customers, except when disclosure is authorized
by the Legal Department or required by laws or regulations.
Confidential information includes all non-public information
that might be of use to competitors, or harmful to the Company
or its
customers, if disclosed. It also includes information that
suppliers and customers have entrusted to us. The obligation to
preserve confidential information continues even after
7. employment ends. In connection with this obligation, every
employee
should have executed a confidentiality agreement when he or
she began his or her employment with the Company.
10. Protection and Proper Use of Company Assets
All employees, officers and directors should endeavor to protect
the Company's assets and ensure their efficient use. Theft,
carelessness, and waste have a direct impact on the Company's
profitability. Any suspected incident of fraud or theft should be
immediately reported for investigation. Company equipment
should not be used for non-Company business, though
incidental
personal use may be permitted.
The obligation of employees to protect the Company's assets
includes its proprietary information. Proprietary information
includes intellectual property such as trade secrets, patents,
trademarks, and copyrights, as well as business, marketing and
service plans, engineering and manufacturing ideas, designs,
databases, records, salary information and any unpublished
financial data and reports. Unauthorized use or distribution of
this information would violate Company policy. It could also be
illegal and result in civil or even criminal penalties.
11. Payments to Government Personnel
The U.S. Foreign Corrupt Practices Act prohibits giving
anything of value, directly or indirectly, to officials of foreign
governments or foreign political candidates in order to obtain or
retain business. It is strictly prohibited to make illegal payments
to government officials of any country.
8. In addition, the U.S. government has a number of laws and
regulations regarding business gratuities which may be accepted
by
U.S. government personnel. The promise, offer or delivery to an
official or employee of the U.S. government of a gift, favor or
other gratuity in violation of these rules would not only violate
Company policy but could also be a criminal offense. State and
local governments, as well as foreign governments, may have
similar rules. The Company's Legal Department can provide
guidance to you in this area.
12. Waivers of the Code of Business Conduct and Ethics
Any waiver of this Code for executive officers or directors may
be made only by the Board of Directors and will be promptly
disclosed, along with the reasons for the waiver, as required by
law or stock exchange regulation.
13. Reporting any Illegal or Unethical Behavior
Employees are encouraged to talk to supervisors, managers or
other appropriate personnel about observed illegal or unethical
behavior and when in doubt about the best course of action in a
particular situation. It is the policy of the Company not to allow
retaliation for reports of misconduct by others made in good
faith by employees. Employees are expected to cooperate in
internal investigations of misconduct.
Any employee may submit a good faith concern regarding
questionable accounting or auditing matters without fear of
dismissal
or retaliation of any kind.
14. Compliance Procedures
9. We must all work to ensure prompt and consistent action against
violations of this Code. However, in some situations it is
difficult to know if a violation has occurred. Since we cannot
anticipate every situation that will arise, it is important that we
have
a way to approach a new question or problem. These are the
steps to keep in mind:
● Make sure you have all the facts. In order to reach the right
solutions, we must be as fully informed as possible.
● Ask yourself: What specifically am I being asked to do? Does
it seem unethical or improper? This will enable you to focus
on the specific question you are faced with, and the alternatives
you have. Use your judgment and common sense; if
something seems unethical or improper, it probably is.
● Clarify your responsibility and role. In most situations, there
is shared responsibility. Are your colleagues informed? It may
help to get others involved and discuss the problem.
● Discuss the problem with your supervisor. This is the basic
guidance for all situations. In many cases, your supervisor will
be more knowledgeable about the question, and will appreciate
being brought into the decision-making process.
Remember that it is your supervisor's responsibility to help
solve problems.
● Seek help from Company resources. In the rare case where it
may not be appropriate to discuss an issue with your
supervisor, or where you do not feel comfortable approaching
your supervisor with your question, discuss it locally with
your office manager or your Human Resources manager.
● You may report ethical violations in confidence and without
fear of retaliation. If your situation requires that your identity
10. be
kept secret, your anonymity will be protected. The Company
does not permit retaliation of any kind against employees for
good faith reports of ethical violations.
● Always ask first, act later: If you are unsure of what to do in
any situation, seek guidance before you act.
CODE OF ETHICS FOR CEO AND SENIOR FINANCIAL
OFFICERS
The Company has a Code of Business Conduct and Ethics
applicable to all directors and employees of the Company. The
CEO and all senior financial officers, including the CFO and
principal accounting officer, are bound by the provisions set
forth
therein relating to ethical conduct, conflicts of interest and
compliance with law. In addition to the Code of Business
Conduct
and Ethics, the CEO and senior financial officers are subject to
the following additional specific policies:
1. The CEO and all senior financial officers are responsible for
full, fair, accurate, timely and understandable disclosure in
the periodic reports required to be filed by the Company with
the SEC. Accordingly, it is the responsibility of the CEO and
each senior financial officer promptly to bring to the attention
of the Disclosure Committee any material information of
which he or she may become aware that affects the disclosures
made by the Company in its public filings or otherwise
assist the Disclosure Committee in fulfilling its responsibilities
as specified in the Company's Disclosure Controls and
Procedures Policy.
11. 2. The CEO and each senior financial officer shall promptly
bring to the attention of the Disclosure Committee and the
Audit
Committee any information he or she may have concerning (a)
significant deficiencies in the design or operation of
internal controls which could adversely affect the Company's
ability to record, process, summarize and report financial
data or (b) any fraud, whether or not material, that involves
management or other employees who have a significant role in
the Company's financial reporting, disclosures or internal
controls.
3. The CEO and each senior financial officer shall promptly
bring to the attention of the General Counsel or the Legal
Department or the CEO and to the Audit Committee any
information he or she may have concerning any violation of the
Company's Code of Business Conduct and Ethics, including any
actual or apparent conflicts of interest between personal
and professional relationships, involving any management or
other employees who have a significant role in the
Company's financial reporting, disclosures or internal controls.
4. The CEO and each senior financial officer shall promptly
bring to the attention of the General Counsel or the Legal
Department or the CEO and to the Audit Committee any
information he or she may have concerning evidence of a
material violation of the securities or other laws, rules or
regulations applicable to the Company and the operation of its
business, by the Company or any agent thereof, or of violation
of the Code of Business Conduct and Ethics or of these
additional procedures.
5. The Board of Directors shall determine, or designate
appropriate persons to determine, appropriate actions to be
taken in
the event of violations of the Code of Business Conduct and
12. Ethics or of these additional procedures by the CEO and the
Company's senior financial officers. Such actions shall be
reasonably designed to deter wrongdoing and to promote
accountability for adherence to the Code of Business Conduct
and Ethics and to these additional procedures, and shall
include written notices to the individual involved that the Board
has determined that there has been a violation, censure by
the Board, demotion or re-assignment of the individual
involved, suspension with or without pay or benefits (as
determined
by the Board) and termination of the individual's employment.
In determining what action is appropriate in a particular
case, the Board of Directors or such designee shall take into
account all relevant information, including the nature and
severity of the violation, whether the violation was a single
occurrence or repeated occurrences, whether the violation
appears to have been intentional or inadvertent, whether the
individual in question had been advised prior to the violation
as to the proper course of action and whether or not the
individual in question had committed other violations in the
past.
Avoiding Type II Error in
Assessing Lead Toxicity
Plainti�s
Frank J. Dyer, Ph.D.
This article discusses statistical parallels between exces-
sive conservatism and insu�cient conservatism in
rendering forensic opinions. The elements of a tort are
13. reviewed and their relation to psychological and psy-
chiatric opinions is also discussed, as are psychometric
and clinical approaches to assessment of impairment
and causation in individual lead poisoned children. It is
argued that assessments in lead poisoning cases consist-
ing solely of cranial nerve examinations result in con-
siderable Type II Error. Sources of Type II Error in
research using analysis of covariance techniques to study
the toxic e�ects of lead include variance stealing, use of
excessive numbers of covariates, lack of attention to
interactions, and use of covariates that are actually
substitute measures of lead ingestion. When experts cite
nonsigni®cant ®ndings of studies of low-level lead
exposure, it inappropriately negates lead e�ects in more
severely lead poisoned plainti�s. In true experimental
studies where there is no ambiguity regarding causation,
the destructive e�ects of lead are quite clear. # 1998 John
Wiley & Sons, Ltd.
14. Lead poisoning litigation has increased in recent years due to
greater awareness of
the e�ects of lead toxicity on child development and subsequent
mental functioning
(Dyer, 1993). Consulting in these types of cases presents special
challenges to the
forensic psychologist that are not signi®cant issues in purely
clinical consultations.
Whereas a successful clinical consultation may render an
accurate diagnosis and
treatment recommendations, forensic cases, especially those
involving lead toxicity
issues, frequently involve abstract questions of scienti®c
validity of research
®ndings as applied to an individual case. In order to render
e�ective consultation in
CCC 0735±3936/98/010131±15$17.50
# 1998 John Wiley & Sons, Ltd.
Behavioral Sciences and the Law
Behav. Sci. Law, 16, 131±145 (1998)
This article is based on the author's presentation as part of a
symposium entitled ``Integrating Research
and Practice in Forensic Psychology'' at the 104th convention of
the American Psychological Associ-
ation, Toronto, Ontario, Canada.
Correspondence concerning this article should be addressed to:
Frank J. Dyer, Ph.D., 70 Park Street,
Montclair, NJ, 07042. USA.
Contract grant sponsor: the 104th convention of the American
Psychological Association, Toronto,
Ontario, Canada.
15. lead poisoning cases, forensic psychologists must buttress their
expert opinions with
empirical research results, as outlined in the Boulder Model of
psychologists as
scientist-practitioners.
The scientist-practitioner model stresses the empirical roots of
psychology, as
opposed to its origins as a branch of speculative philosophy.
This distinction is
re¯ected in William James's division of the psychological world
into the tough
minded and the tender minded in the beginning of this century.
This categor-
ization highlighted the schism between those psychologists
whose priorities were
more in line with the scienti®c model's conservatism in
interpreting data and those
whose dazzling command of rational argument generated grand
theoretical systems
that were as replete with persuasive conceptual brilliance as
they were free of actual
data.
In any research study intended to generalize results obtained on
a sample to the
broader population, there are two types of possible errors. The
®rst, called Type I
Error, occurs when the researcher inappropriately concludes
that there is a non-zero
e�ect in the population when, in fact, no such e�ect exists. In
other words, Type I
Error occurs when statistical signi®cance is found although the
16. null hypothesis is
actually true (Hays, 1973). This type of error corresponds to
what would be termed a
false positive in the jargon of psychological measurement.
Another commonly used
term for Type I Error is alpha error. The second type of error, or
Type II Error,
occurs when null hypothesis is actually false but the researcher
concludes that the
data fail to show an e�ect. This corresponds to a false negative
in psychometric
terms. It is also called beta error. Contemporary psychological
statistics and
experimental design courses emphasize the avoidance of Type I
Error, viewed as a
fatal attribute of the tender minded who naively see
relationships where none exist,
based upon inappropriate generalization from limited data.
In this climate of scienti®c rigor, Type II Error, or failure to
detect a non-zero
population e�ect, receives far less attention in statistics courses
than does Type I
Error. Of course it is not any more scienti®c to err on the side
of missing a genuine
population e�ect because of excessive conservatism than to err
on the side of
``®nding'' an illusory e�ect because of insu�cient alpha level
concerns. In both
cases the researcher has made an error and the interpretation of
the results does
not re¯ect the true state of Nature. This point of view is
elaborated in the work of
Jacob Cohen (1969; 1975), who has developed power analysis
techniques that
a�ord Type II protection as a complement to alpha level
17. concerns.
PARALLELS OF TYPE I AND TYPE II ERRORS
IN FORENSIC PSYCHOLOGY
Much has been written about what may be described
metaphorically as avoiding
Type I Error in forensic psychology. Type I Error in this
context consists of
overinterpretation of data to form what are in truth merely
speculative conclusions
that are presented authoritatively on the witness stand. Simply
put, this is junk
science that courts blanket criticism of forensic mental health
experts (Dyer, 1996).
The forensic analog of Type II Error consists of failing to ®nd
the condition or
disorder or causal nexus of interest due to inappropriate reliance
on theories or
beliefs that obscure what is actually present in the person being
examined. One
132 F. J. Dyer
# 1998 John Wiley & Sons, Ltd. Behav. Sci. Law, Vol. 16,
131±145 (1998)
situation typically encountered is that in which an attorney
advances a theory of the
litigant's condition, or in tort cases its causal relationship to the
defendant's
behavior, that is upheld by nothing more than distortion and by
the citation of
18. outlandish ``possibilities''. Because of attorneys' a�rmative
duty to provide
aggressive representation of their clients, they are more or less
ethically bound to
raise these marginal considerations on the outside chance that
they will succeed in
creating a degree of doubt that prevents the other side from
meeting the applicable
evidentiary standard, even though everything that the opposing
experts say may be
entirely accurate.
Whereas it is the attorney's job to create Type II Error through
e�ective
representation of the client's interests, it is also frequently the
case that mental
health experts engage in Type II Errors both of omission and
commission. The
use of assessment instruments that are simply not sensitive to
the condition
purportedly being assessed constitutes a common error of the
former type. An
egregious example of the latter is a psychiatric expert's
assertion that a lead poisoned
child was exposed to lead toxicity from mouthing the ``lead'' on
a pencil (which is
actually graphite) rather than anything stemming from the
child's living conditions,
which were documented by various health inspectors as having
lead based paint
peeling o� the walls, creating lead paint chips and lead bearing
dust.
LEAD POISONING TORT CASES
The special challenges to forensic evaluators presented by lead
19. poisoning cases
proceed from the requirements of proof in personal injury, or
tort, cases. The
elements of a tort include duty, violation of duty, compensable
damages, and
proximate cause (Barton, 1985). The ®rst of these elements
refers to the fact that
under the law, the defendant had a duty to behave in a particular
manner toward
the plainti�. Examples of such duties include the duty to
operate a motor vehicle in
a safe and responsible manner, the duty of a landlord to keep
the premises in
habitable condition, and the duty of psychotherapists to refrain
from acting out
sexually with their patients, no matter how thoroughly they may
rationalize such
abuses. The second element of a tort is an alleged violation of
this duty by the
defendant. Examples include operating a motor vehicle
recklessly, failing to main-
tain premises in a habitable condition, and making sexual
advances toward one's
therapy patients. The third element refers to injuries or losses
that the plainti� has
su�ered and for which the plainti� seeks to be made whole.
Compensable damages
su�ered by the plainti� may include physical or psychic injury,
as well as economic
loss. Finally, the element of proximate cause is de®ned as the
``near cause'' or ``the
straw that broke the camel's back'', linking the defendant's
violation of duty to
the injuries su�ered by the plainti�, even if the plainti� had
preexisting conditions
that were aggravated by the defendant's tortious behavior. It is
20. the concept that
``but for'' the acts of the defendant, the plainti� would be free
of injury or other
loss (Barton, 1985). While psychologists are seldom called upon
in this type of
litigation to provide testimony regarding the defendant's duty
toward the plainti�
or the defendant's alleged violation of the duty, lead poisoning
litigants typically
employ psychologists and psychiatrists to assess damages
(injuries) and, especially,
proximate cause.
Avoiding Type II Error 133
# 1998 John Wiley & Sons, Ltd. Behav. Sci. Law, Vol. 16,
131±145 (1998)
ASSESSMENT OF COMPENSABLE DAMAGES
When examined by defense psychiatrists, infant plainti�s in
lead toxicity cases
frequently get an absolutely clean bill of health. This is because
they are admin-
istered the standard neurological examination to test for cranial
nerve functioning
via re¯exes and other gross responses. The cranial nerve
examination assesses the
functioning of the 12 pairs of cranial nerves that connect central
nervous system
processors with the rest of the body. These examination
procedures include
exposing patients to odiferous substances and asking them to
identify them,
21. examining for ptosis and appropriate dilation in response to
light, application of
pinpricks, heat, cold, and cotton swabs to the face, having the
patient imitate
movements such as wrinkling the forehead, frowning and
raising the eyebrows,
assessment of swallowing, assessing various tongue movements,
and other tasks
(Berg, Franzen, & Wedding, 1987). In the typical case cited
above, the child passes
all of these screening procedures and the psychiatric report
comes back with a
diagnosis of ``cranial nerves grossly intact''. This diagnosis has
been rendered by
defense psychiatric experts even in cases where the child is
clearly hyperactive and
distractible and has substantial impairments in verbally
mediated learning. It is an
egregious example of Type II Error, even though the diagnosis
itself is essentially
correct. The child's cranial nerve functioning is grossly intact,
although there are
obvious learning and behavior problems present. However, as
Bellinger (1995)
observes, ``Goldstein . . . proposed that lead may disrupt this
[synaptic] `tuning' or
`matching' process, producing a nervous system that appears
grossly normal but in
which the connections are `poorly chosen', perhaps producing
functional impair-
ment'' (p. 207). Bellinger proceeds to enumerate various
destructive e�ects of lead
at the cellular level that disrupt neuronal synapse connections
supporting learning
and behavior.
22. While practitioners who are accustomed to clinical or forensic
cases in which a
high standard of practice is adhered to may regard the above
example as a rare
aberration, in actual fact such distortions are very common in
this type of litigation.
Further, while many practitioners might regard this type of
blatant distortion as
something that is easily remedied by judicial scrutiny and
vigorous cross
examination, the unfortunate reality is that such ``medical''
testimony is quite
impressive to lay jurors and resistant to cross examination in
cases where the expert
delivers these conclusions with an air of conviction and
authority or where the
expert's credentials are perceived as superior. Sukel, Bennett,
and Cooper (1995),
for example, found that while mock jurors were not swayed by
the credentials of
the expert in cases where the issues were easily understood,
they were swayed by an
expert's superior credentials where complex issues were the
subject of testimony.
Dyer (1993) notes that there has been extremely little written
about the clinical
assessment of lead poisoned children. This is especially true for
neuropsycho-
logical assessment and as of this writing there is no published
literature demon-
strating that neuropsychological testing o�ers anything in the
way of incremental
validity over the standard clinical or school psychological
assessment battery.
An adequate clinical assessment of a lead poisoned child must
23. include measures of
cognitive, perceptual-motor, language, and abstract reasoning
abilities. There
should also be an assessment of academic achievement, or in the
case of younger
children, readiness skills. It is also highly desirable to include a
measure of
134 F. J. Dyer
# 1998 John Wiley & Sons, Ltd. Behav. Sci. Law, Vol. 16,
131±145 (1998)
adaptive behavior to assess the nonintellective capacities of the
child in meeting
the challenges of daily living appropriate to his or her
developmental level. Apart
from the psychometric components of this type of assessment,
evaluators should
be alert to behavioral soft signs of neurological damage
including hyperactivity,
distractibility, motor incoordination, drooling, peculiar pencil
grasp, articulation
problems, and excessive dys¯uencies of speech.
ASSESSMENT OF CAUSATION
In addition to Type II Errors relating to assessment of
compensable damages, a
greater source of error is in the assessment of proximate cause.
Contrary to some
defense attorneys' assertions that the e�ects of lead on a young
child's mental
functioning can only be established through ``medical'' testing,
24. experts'
conclusions regarding causal relationship in these cases should
be founded not
only upon careful clinical observation and analysis of
psychometric test ®ndings,
behavioral observation, and case history data, but also on the
large body of
empirical literature that has developed in this ®eld in the last
three decades. There
is no ``medical'' test capable of assessing causal relationship of
lead ingestion and a
particular child' s learning problems. Certainly, medical testing
can determine the
child's blood lead level and level of free erythrocyte
protoporphyrins (FEP), which
some investigators regard as an index of tissue damage due to
lead (Rabinowitz,
Bellinger, & Leviton, 1989). However, the causal relationship
of lead to school
performance and psychometric test results is a complex matter
that is best assessed
through an integration of clinical and empirical ®ndings.
At the clinical level it is necessary to examine all of the causal
factors impinging
upon the individual child's functioning. The examiner must
mentally perform
what is in e�ect a one-subject analysis of covariance in order to
tease out the
probable causal factors that are behind whatever impairments
may be disclosed by
the observation and testing procedures discussed above. This
analysis requires the
collection of family history and developmental data to a degree
that goes somewhat
beyond normal clinical practice. At the conclusion of the
25. process, all pathogenic
background factors elicited by the interview and review of
records are ordered in
terms of rationally determined causal priority, taking into
account the nature and
severity of the child's observed impairments, if any.
The preferred informant for the background interview is the
biological mother,
if the child has been in her care. Otherwise, a family member,
caretaker, or social
service worker familiar with the history should be interviewed.
Being that the
child's genetic background is routinely introduced as an issue in
this type of
litigation, it is necessary to inquire as to the presence of mental
retardation,
attention de®cit disorder, hyperactivity, learning disabilities,
organic impairment,
and emotional problems in the families of both birth parents.
The birth mother's
prenatal care should be explored, as well as her use of tobacco,
alcohol, prescription
medications, and illicit drugs during the pregnancy. Any
illnesses or complications
during pregnancy should be discussed. A careful birth history
should be obtained,
including such details as whether the baby was born full term,
birth weight, length
of labor, complications in the delivery process, use of forceps,
special medical
Avoiding Type II Error 135
# 1998 John Wiley & Sons, Ltd. Behav. Sci. Law, Vol. 16,
131±145 (1998)
26. intervention required, fetal anoxia, jaundice, breech birth,
whether the umbilical
cord was wrapped around the child's neck, and similar data.
It is essential to elicit a detailed developmental history to
identify conditions that
might provide an alternate explanation of the child's learning
and behavior prob-
lems. It should be determined whether the child su�ered from
any unusual
illnesses during infancy and early childhood and whether there
were any falls, head
injuries, or extremely high fevers. The examiner should record
the ages at which
developmental milestones, including walking, individual words,
speaking in short
sentences, and toilet training were achieved. A common pattern
among lead
poisoned children is one in which there is a stalling or decline
in developmental
progress, especially in the area of language skills, around the
time that the child
acquires mobility and is thus vulnerable to ingestion of lead
paint chips or lead
bearing dust.
It is not unusual to encounter a pattern in which the lead
poisoned child registers
normal scores on measures of adaptive behavior, apart from
areas that are
signi®cantly impacted by hyperactivity and distractibility, and
to ®nd severe
impairments in abilities measured by psychometric testing of
27. school related mental
abilities. As noted by Dyer (1993), pattern analysis of cognitive
test results is
something to be undertaken with great caution. With this caveat
in mind, however,
there does appear to be a pattern of verbal vs. nonverbal ability
test results that is
fairly speci®c to lead. Dyer reports that the con®guration of
Wechsler Performance
IQ greater than 1 standard deviation above Wechsler Verbal IQ
or Goodenough-
Harris Drawing Test standard score greater than 1 standard
deviation above
Wechsler Verbal IQ was signi®cantly more common among
clinically lead poisoned
subjects (as de®ned by a diagnosis of lead poisoning listed in
the social history) that
in either a comparison sample similar in socioeconomic status
or in the WISC-R
standardization sample. While the encountering of this pattern
in an individual
child is not by itself proof of a lead etiology, it should be
regarded as consistent with
such an etiology, providing support for the hypothesis of lead as
the major
determinant of the child's impairments. Absence of this pattern
does not indicate
that lead is an insigni®cant factor, as this is not a pattern that
invariably occurs in
lead exposed children, but one that is more frequently found in
that group.
STATISTICAL ISSUES IN CAUSATION
Complementing the clinical assessment of causal factors in lead
poisoning plainti�s
28. is an extensive body of empirical research studies that
statistically examine the
performance of large numbers of children with varying levels of
blood lead. While
such studies typically show a substantial zero order correlation
between blood lead
level and a large number of cognitive, perceptual, language, and
behavioral
variables, the caveat stressed in elementary statistics courses
that correlation is not
causation is particularly applicable here. When other predictor
variables are also
introduced in these studies, the correlation between lead and the
dependent
variables becomes severely attenuated, sometimes to the point
of falling short of
statistical signi®cance. This is due to the fact that lead
ingestion is also correlated
with socioeconomic variables, creating interpretive problems of
daunting complex-
ity. It is also a phenomenon that is very frequently stressed by
defense counsel to
136 F. J. Dyer
# 1998 John Wiley & Sons, Ltd. Behav. Sci. Law, Vol. 16,
131±145 (1998)
bolster the assertion that the infant plainti� does not have any
impairments that
were not present before the lead exposure and that the real
causal culprit is
economic and educational disadvantage.
29. Studies of the e�ects of lead exposure are essentially drug
studies that may be
compared with tests of the e�cacy of new medications, except
that in the case of
lead the object of the research is to determine whether there is a
toxic e�ect rather
than a therapeutic e�ect. Given this circumstance, researchers
are ethically pre-
cluded from following standard drug experimentation protocols
with human
subjects that permit precise assessment of the therapeutic
e�cacy of medications.
These procedures include double blind administration of the
agent, precise
dosages, and randomization in assignment to experimental and
control groups. Of
these various factors, it is primarily the absence of
randomization that complicates
research studies of lead toxicity. In a completely randomized
study of the e�ects of
lead there would be absolutely no question of whether any
changes in the
dependent variable (such as IQ, academic achievement, or
perceptual-motor
measures) were caused by changes in the independent variable.
In the real world,
however, researchers must deal with what are termed
confounders or covariates,
these being variables such as maternal IQ, socioeconomic level,
and condition of the
home environment, that are correlated with the presence or
absence of lead.
The typical design of lead toxicity studies of children involves a
statistical
procedure known as analysis of covariance (ACV). In this
30. design, potential
confounding factors such as maternal IQ, socioeconomic level,
and home environ-
ment measures are entered into a statistical prediction equation
using multiple
regression, with blood lead entered into the equation after these
covariates. This is
intended to have the e�ect of setting all subjects statistically
equal on the
covariates, removing the e�ect of those variables from the
blood lead variable. The
resulting semipartial correlation of lead with the dependent
variable is then
assessed for statistical signi®cance.
Typically this procedure results in a much smaller semipartial,
or adjusted,
correlation between lead and the dependent variable than the
zero order correla-
tion, leading some researchers to speculate that if all of the
covariates could be
measured and entered into the prediction equation, the lead
e�ect would disappear
entirely. Needleman and Bellinger (1989) state: ``Because
cognitive function is
determined by multiple factors, careful investigators of lead's
e�ects try to identify
and evaluate those non-lead covariates which could confound.
This partitioning of
the variance usually, but not always, has the e�ect of reducing
the size of the lead
e�ect'' (p. 295). Typifying the school of thought that asserts
that all lead e�ects are
statistical artifacts due to confounding with socioeconomic
factors, Smith et al.
(1983), quoted by Needleman and Bellinger, state ``The
31. ®ndings in this study show
that if outcome measures are controlled, di�erences between
lead groups on all
tests become nonsigni®cant and the null hypothesis that the
di�erences are not
statistically di�erent from zero must be accepted'' (p. 295).
The Problem of Variance Stealing
Actually, ACV is a very highly conservative statistical
procedure with a substantial
Type II bias. This is inherent in the fact that where there is
overlapping variance
Avoiding Type II Error 137
# 1998 John Wiley & Sons, Ltd. Behav. Sci. Law, Vol. 16,
131±145 (1998)
between the covariate and the main e�ect in predicting the
dependent variable,
100% of the overlap is attributed to the covariate, regardless of
the true state of
nature. Smith (1989) states that ``the cautious convention in
multivariate statistics
is to attribute any shared variance to the confounder, so if no
association is found
after control for covariates, there is assumed to be no e�ect of
lead. If a confounder
is to some extent a cause of the child's lead burden, as well as
being related to the
outcome, then variance attributable to lead will be removed
along with the `social'
variance, relevant to the outcome'' (p. 41). In lead ACV studies,
32. where as many as
20 covariates are entered into the equation before the lead
e�ect, the fact that there
is often a substantial correlation between each of the covariates
and lead, with some
of this variance shared by both variables with the dependent
variable, causes the
lead e�ect to shrink enormously.
Cohen (1975) employs the term ``variance stealing'' to describe
situations in
which variance that properly belongs to the main e�ect is
erroneously attributed to
the covariates. In the same vein, Needleman and Bellinger
(1989) state: ``To control
for such outcome measures as school placement . . . ,
hyperactive behavior . . . , or
developmental delay . . . may be to subtract out variance which
properly belongs to
the main e�ect, lead'' (p. 296). In regard to socioeconomic
variables, the variance
stealing is particularly egregious due to the fact that lead
exposure is more common
in lower SES groups. Smith (1989) states that ``The clinic
studies indicated that
lead was not randomly distributed in normal populations, as
children identi®ed by
screening clinics as having high lead levels were are likely to be
disadvantaged.
Studies of normal populations in several di�erent countries
have con®rmed this
relationship of lead measures with broad social indicators of
disadvantage'' (p. 17).
Smith further states that ``It has been said that controlling for a
large number of
variables, and particularly interrelated variables, can result in
33. overcontrol, that is
removing variance due to lead, and masking a real e�ect'' (p.
40).
Cohen's (1975) counter to the ``cautious convention'' of
entering covariates
®rst and then automatically attributing shared variance to the
covariate is that
common sense should guide the development of a hypothesized
causal model to
determine the hierarchy of variables to be entered into the
regression equation.
Cohen notes that ``We summarize this principle, then, as `least
is last'Ðwhen
research factors can be ordered as to their centrality, those of
least relevance are
appraised last in the hierarchy, and their results taken as
indicative rather than
conclusive'' (p. 162).
Use of Questionable Covariates in ACV Studies of Lead
In the case of ACV studies of lead e�ects, common sense
dictates that because
results from animal studies unequivocally document the
neurotoxic properties of
lead, it is the child's body burden of lead, and not social
covariates, that should
receive priority in the causal hierarchy. Bornschein (1985), for
example, demon-
strates that in at least one study scores on the Home
Observation for Measurement
of the Environment (HOME; a measure of conditions of the
home environment
commonly employed as a covariate in ACV studies) are actually
a substitute for
34. body burden of lead. Bornschein notes that prior studies showed
a relationship
between scores on the HOME and blood lead levels. However,
certain HOME
138 F. J. Dyer
# 1998 John Wiley & Sons, Ltd. Behav. Sci. Law, Vol. 16,
131±145 (1998)
subscale scores predict both the amount of lead dust in the
house and children's
hand-to-mouth behavior, which is a signi®cant pathway of lead
ingestion. Thus,
the HOME-lead blood level correlation is mediated by the hand-
to-mouth variable
and by HOME's sensitivity to level of lead dust in the
environment. In most ACV
studies, however, the HOME measure is entered into the
regression equation ®rst,
as though it were entirely independent of lead, whereas it is
actually a substitute
measure both for the amount of lead dust to which the child is
exposed and for
the amount of lead ingestion due to hand-to-mouth behaviors.
The fact that all
of the overlapping variance between HOME and blood lead
level is attributed
to the HOME measure is ``variance stealing'', to use Cohen's
(1975) term, at its
worst.
Use of Excessive Numbers of Covariates
35. Another way in which current ACV methodology creates a Type
II Error bias has
to do with number of covariates employed. The concept of
statistical power as
elaborated by Cohen (1969; 1975) relates the number of
subjects, alpha level, and
assumed population e�ect size to the probability that the
®ndings will reach
statistical signi®cance. The general rule is that the larger the
number of subjects,
the greater the likelihood that the ®ndings will reach statistical
signi®cance.
Likewise, the larger the number of variables studied in a single
regression analysis,
the less likely it is that statistical signi®cance will be achieved,
if the number of
subjects is held constant (Cohen, 1975, p. 160). In lead ACV
studies it is the lead
variable that is entered last, frequently after an inordinate
number of covariates,
making it unlikely that the lead e�ect will reach signi®cance
simply on the basis of
reduced degrees of freedom alone.
For example, the Boston lead study conducted by Stiles and
Bellinger (1993)
employed 10 covariates; the Port Pirie study by Baghurst et al.
(1995) employed 12
covariates; the Needleman (1996) study of lead and delinquency
in an inner city
Pittsburgh sample employed 9 covariates. It is also of interest
that a study by Pocock
et al. (1989) employed 17 covariates; however, using an
optimality criterion the
number was reduced to 11. While Pocock and colleagues
employed tests for
36. interaction between the covariates and the lead variable, there
was no mention of
statistical power considerations. Hatzakis et al. (1989), in a
study of Greek children
residing in a lead smelting area, employed 17 covariates and
still found that lead
accounted for 8.1% of the total variance when entered into the
regression last.
Possible factors associated with this ®nding include large
sample size (n�509) and
wide range of lead levels. Moreover, the cultural homogeneity
of the sample
prevented race or other variables to steal variance from lead due
to unequal exposure
among ethnic groups such as that found in United States studies.
Further, the fact
that the sample was from a lead smelting area meant that since
the presence of lead
was pervasive, there was no variance stealing due to unequal
exposure based on
whether children lived in tenements versus more elaborate
dwellings. Again, ACV
procedures such as these, which found signi®cant relationships
between lead and
many of the dependent variables, are in fact loaded against
®nding signi®cance for
the lead e�ect because of the reduction of statistical power due
to the excessively
large numbers of covariates.
Avoiding Type II Error 139
# 1998 John Wiley & Sons, Ltd. Behav. Sci. Law, Vol. 16,
131±145 (1998)
37. Interactions Invalidate ACV
Astoundingly, virtually all of the major ACV studies of lead
toxicity were
performed without any attention paid to the subject of
interaction between the
covariates and the lead main e�ect variable. This is of crucial
signi®cance because
of the logic of ACV that ``setting everyone equal statistically''
on the covariates
permits assessment of the true impact of the main e�ect.
However, this requires the
assumption that the relationship between the main e�ect and the
dependent
variable remains constant across levels of the covariates on
which the subjects are
presumably being equalized. If the relationship di�ers across
levels of the
covariates, then such ``equalization'' of subjects is impossible
because a funda-
mental assumption of the procedure has been violated. Cohen
(1975) states
categorically that a signi®cant interaction between the
covariates and the main
e�ect invalidates ACV, which assumes homogeneity of
regression.
The failure to recognize the presence of interaction e�ects is
not merely a
speculative criticism of current research; it is grounded in
empirical ®ndings.
Bellinger (1995) states that several studies have reported a
signi®cant statistical
interaction between social class and lead. In a study of higher
SES, higher IQ
38. children than are typically examined, Stiles and Bellinger note,
``. . . because the
e�ects of early CNS insult may be expressed to a greater extent
in populations at
higher socioeconomic risk . . . associations between lead and
neuropsychological
functioning may be underestimated in this sample'' (p. 34). This
observation
stresses the SES-lead interaction in regard to
neuropsychological measures. In
spite of Bellinger's acknowledgment of a social class-lead
interaction, this is not
included in the sources of Type II error listed in Needleman and
Bellinger's (1989)
article on ACV methodology.
BLOOD LEAD LEVELS IN RESEARCH SUBJECTS
AND IN TYPICAL LEAD PLAINTIFFS
The Centers for Disease Control (CDC) (United States
Department of Health and
Human Services, 1991) lists interpretations for 5 ranges of
blood lead levels. Below
10 mg/dl blood lead is considered not to be indicative of lead
poisoning. A blood
lead of 10 to 14 mg/dl is described as representing a ``border
zone''. E�ects of lead
at this level are considered subtle and not likely to be
recognizable or measurable in
the individual child. The CDC recommends follow-up blood
testing at this level.
Blood lead of 15±19 mg/dl requires more careful followup.
Children at this level are
at risk for decreases in IQ up to several points, according to the
CDC. Environ-
mental investigation and remediation are recommended.
39. Children with blood lead
levels of 20 to 69 should have a full medical evaluation, with
greater urgency
indicated for levels at or above 45 mg/dl. Practitioners working
with children at
these blood lead levels are advised to investigate reading or
other learning disability
and language development. Children should be referred to a lead
poisoning clinic
for management and there should be an environmental
investigation for the
purpose of abating the lead. The CDC considers blood lead
levels at or above
70 mg/dl to constitute a medical emergency, with the child
critically ill with lead
poisoning.
140 F. J. Dyer
# 1998 John Wiley & Sons, Ltd. Behav. Sci. Law, Vol. 16,
131±145 (1998)
Experience has shown that the majority of lead toxicity
plainti�s present with a
history of having had a body burden of lead of 50 mg/dl or
greater at some time
between ages 1 and 3 years. The majority of studies of lead
toxicity in the general
population are concerned with low-level lead exposure (Dyer,
1993). This is the
case for those studies summarized in Grant and Davis (1989)
where lead level is
reported in a mg/dl metric. McBride et al. (1982) lists a range
of 2±29 mg/dl; Yule
40. et al. (1981) lists a range of 7±32 mg/dl; Landsdown et al.
(1986) lists a range of
7±24 mg/dl; Harvey et al. (1984) lists a range of 6±30 mg/dl;
Silva et al. (1986) lists a
range of 4±50 mg/dl with a mean of 11.1 mg/dl. However, some
general population
studies such as those of Schroeder et al. (1985) and Schroeder
and Hawk (1987),
examined samples of children with lead levels near those of
typical lead plainti�s
and, not surprisingly, found signi®cant relationships between
lead exposure and
subjects' performance on psychometric measures. Clinic studies
summarized in
Grant and Davis (1989) where lead toxicity levels for high lead
groups were
approximately the same as for typical lead plainti�s also found
signi®cant e�ects
for lead on intelligence, perceptual-motor, and behavioral
measures (de la Burde &
Choate, 1972; Rummo, 1974; Rummo et al., 1979; Kotok,
1972).
Defense attorneys in lead litigation and their experts frequently
cite certain ACV
general population studies of low level lead exposure as though
their nonsigni®cant
®ndings had relevance for the situation of the typical lead
poisoned plainti� whose
lead toxicity is 2 or 3 times more severe. Actually, the fact that
there have been
several low-lead level ACV studies such as those of Needleman
et al. (1979) that
have found signi®cant e�ects underscores the severity of the
e�ects of lead on
children at 50 mg/dl and above.
41. RESULTS OF LABORATORY STUDIES
OF LEAD TOXICITY
There are ample empirical reasons for rejecting the ``cautious
convention'' of
attributing all overlapping variance in ACV studies of lead to
the covariates. Clear
lead e�ects appear in animal studies, where randomization is
possible, and in
studies of human subjects where the dependent variable is a
physiological measure
that is not a�ected by sociocultural factors. Further, in vitro
studies provide
graphic evidence of lead's destructive e�ects on brain tissue.
Where standard balanced cell ANOVA research is possible,
permitting direct
determination of causality as is the case with animal subjects,
studies demonstrate
very clear lead e�ects on maze learning (Barrett & Livesey,
1985), altered maternal
behavior (Barrett & Livesey, 1983), activity level (Silbergeld &
Goldberg, 1973),
visual discrimination (Bushnell et al., 1977), retarded early
development (Donald
et al., 1987), and spatial learning and short-term memory (Rice
& Karpinski,
1988). Rice (1989), in a series of lead studies employing
monkeys, states ``These
results collectively provide strong evidence for developmental
exposure to lead
causing behavioural impairment in the monkey, even at PbB
levels near the current
average for children in the United States and below presently
accepted US criteria
42. for undue risk of lead toxicity'' (p. 428). Rice concludes that his
research demon-
strates ``clear, dose-related de®cits as a result of lead exposure
on tests of activity,
attention and memory, distractibility and adaptability. In fact,
de®cits analogous to
Avoiding Type II Error 141
# 1998 John Wiley & Sons, Ltd. Behav. Sci. Law, Vol. 16,
131±145 (1998)
those observed in children were observed in monkeys at PbB
concentrations below
the criterion value (425 mg/dl) currently established for
children by both the
Environmental Protection Agency and the Centers for Disease
Control as being
associated with risk for lead toxicity'' (pp. 437±438). Of course
it is not possible to
state with precision the degree to which the observed dose
e�ects of lead in
monkeys and other animal subjects apply to humans, owing to
interspecies
physiological di�erences that a�ect the results in unknown
ways. However, the
above animal studies constitute powerful evidence for at least a
moderate degree of
neurological damage in humans at dosage levels characteristic
of infant plainti�s in
lead poisoning litigation.
Employing both in vivo and in vitro methodology, Regan et al.
(1989) demon-
43. strated that chronic low level lead exposure impairs the early
structuring of the
central nervous system. They relate blood lead levels to
impairments of cell
acquisition, ®ber outgrowth, and synapse formation. They also
state that these
observed physiological changes would explain the
neurobehavioral de®cits
observed in general population ACV studies. Pelling et al.
(1989), in reviewing
previous studies of lead e�ects on brain microvasculature in the
developing rat,
found that this is a primary target for lead in the central nervous
system. They cite
prior research demonstrating that high blood levels of lead are
associated with
extensive capillary breakdown, hemorrhage, and edema. Using
in vitro techniques,
Pelling et al. demonstrated reduced glucose uptake for various
central nervous
system regions in the rat, associated with exposure to lead,
particularly acute
exposure. Otto (1989) found that evoked brain potentials
provide a sensitive index
of lead-induced change in the central nervous system
functioning of children.
Using an active conditioning paradigm, he found a linear
relationship of slow
wave voltage and current blood lead levels at three scalp
recording sites. He con-
cludes: ``Audiometric and electrophysiological assessments
both suggest that
auditory function in children is altered by lead absorption'' (p.
290). Relating these
®ndings to behavioral phenomena, Otto states that the shorter
latencies and faster
44. peripheral nerve conduction velocities and shorter visual evoked
potential latencies
in lead exposed children observed in his and other research ``. .
. could be mani-
festations of a common underlying problem resulting from lead
absorption.
Learning disorders, poor performance, developmental delays,
and hyper-
excitability of the peripheral and central nervous system are all
compatible with
attention de®cit disorder. Increased nervous system excitability
and cognitive
impairment viewed as common symptoms of attention de®cit
disorder could thus be
observed in the same children as a consequence of lead
exposure'' (pp. 293±284).
CONCLUSIONS
Psychological consultation in lead poisoning litigation demands
a thorough
integration of research knowledge with clinical practice. Being
that causal relation-
ships are of paramount importance in these cases, experts must
go beyond standard
observation and testing approaches to address this central
question through
reference to large scale statistical studies of lead exposed
children.
Practitioners must be on guard against Type II errors at two
stages of the tort
process: assessing compensable damages and assessing
proximate cause. In the area
142 F. J. Dyer
45. # 1998 John Wiley & Sons, Ltd. Behav. Sci. Law, Vol. 16,
131±145 (1998)
of assessment of compensable damages, ``medical testing''
approaches, usually in
the form of a standard cranial nerve examination, often yield
false negatives, as lead
exposed children who have signi®cant neurological damage at
the synaptic level
typically present as grossly normal. These children perform
poorly on psycho-
metric measures including tests of general mental ability,
expressive and receptive
language skills, perceptual-motor skills, and attentional skills.
In clinical assess-
ment of causation in the individual child it is essential to elicit
data on family
background, pregnancy complications, birth history,
developmental history, and
accidents or illnesses not related to lead.
It is in the area of assessing proximate cause that practitioners
encounter com-
plex issues of proof: ACV conservatism due to attribution of
overlapping variance
to the ®rst variable entered into the regression equation; use of
excessively large
numbers of covariates so as to reduce the statistical power for
variables entered last;
using covariates that are actually substitute variables for
children's exposure to lead
dust and ingestion of lead through hand-to-mouth behavior;
failure of most
46. research to explore interactions between covariates and lead
that would invalidate
the ACV; and inappropriate citation of nonsigni®cant ACV
studies of children with
much lower levels of lead than typical plainti�s to suggest that
higher levels of lead
have no deleterious e�ects. When true experimental methods
are employed, such
as in animal and in vitro studies, a pronounced e�ect for lead
emerges. Human
physiological studies employing measures that are free of
sociocultural in¯uences
also demonstrate unequivocal lead e�ects.
REFERENCES
Baghurst, P. A., McMichael, A. J., Tong, S., Wigg, N. R.,
Vimpani, G. V., & Robertson, E. F.
(1995). Exposure to environmental lead and visual-motor
integration at age 7 years: The Port Pirie
cohort study. Epidemiology, 6, 104±109.
Barrett, J., & Livesey, P. J. (1983). Lead induced alterations in
maternal behavior and o�spring
development in the rat. Neurobehavioral Toxicology and
Teratology, 5, 557±563.
Barrett, J., & Livesey, P. J. (1985). Low-level lead e�ects on
the learning and extinction of passive
avoidance in the rat. Australian Journal of Psychology, 37,
1±13.
Barton, W. A. (1985). Recovering for psychological injuries.
Washington, DC: The Association of Trial
Lawyers of America.
47. Bellinger, D. C. (1995). Neuropsychologic function in children
exposed to environmental lead.
Epidemiology, 6, 101±102.
Bellinger, D. C. (1995). Interpreting the literature on lead and
child development: The neglected role
of the ``experimental system''. Neurotoxicology and Teratology,
17, 201±212.
Berg, R., Franzen, M., & Wedding, D. (1987). Screening for
brain impairment: A manual for mental
health practice. New York: Springer.
Bornschein, R. L. (1985). In¯uence of social factors on lead
exposure and child development.
Environmental Health Perspectives, 62, 343±351.
Bushnell, P. J., Bowman, R. E., Allen, J. R., & Marlar, R. J.
(1977). Scotopic vision de®cits in young
monkeys exposed to lead. Science, 196, 333±335.
Cohen, J. (1969). Statistical power analysis for the behavioral
sciences. New York: Academic Press.
Cohen, J., & Cohen, P. (1975). Applied multiple
regression/correlation analysis for the behavioral
sciences. Hillsdale, NJ: Lawrence Erlbaum Associates.
de la Burde, B., & Choate, M. S. (1972). Does asymptomatic
lead exposure in children have latent
sequelae? Journal of Pediatrics (St. Louis), 81, 1088±1091.
Donald, J. M., Cutler, M. G., & Moore, M. R. (1987). E�ects of
lead in the laboratory mouse:
Development and social behavior after lifelong exposure to 12
mM lead in drinking ¯uid. Neuro-
48. pharmacology, 26, 391±339.
Dyer, F. J. (1993). Clinical presentation of the lead poisoned
child on mental ability tests. Journal of
Clinical Psychology, 49, 94±101.
Avoiding Type II Error 143
# 1998 John Wiley & Sons, Ltd. Behav. Sci. Law, Vol. 16,
131±145 (1998)
Dyer, F. J. (1996). Scienti®c validity of forensic assessments:
The end of the expert's black box.
New Jersey Psychologist, 46(3), 20±22.
Grant, L. D., & Davis, J. M. (1989). E�ects of low-level lead
exposure on paediatric neurobehavioral
development: Current ®ndings and future directions. In M. A.
Smith, L. D. Grant, & A. I. Sors (Eds.),
Lead exposure and child development: An international
assessment (pp. 49±115). Dordrecht, Netherlands:
Kluwer.
Harvey, P. G., Hamlin, M. W., & Kumar, R. (1984). Blood lead,
behavior, and intelligence test
performance in preschool children. Science and Total
Environment, 40, 45±60.
Hatzakis, A., Kokkevi, A., Maravelias, C., Katsouyanni, K.,
Salaminios, F., Kalandidi, A.,
Koutselinis, A., Stefanis, C., & Trichopoulos, D. (1989).
Psychometric intelligence de®cits in lead-
exposed children. In M. A. Smith, L. D. Grant, & A. I. Sors
(Eds.), Lead exposure and child develop-
49. ment: An international assessment. Dordrecht, Netherlands:
Kluwer.
Kotok, D. (1972). Development of children with elevated blood
lead levels: A controlled study.
Journal of Pediatrics (St. Louis), 80, 56±71.
Landsdown, R., Yule, W., Urbanowicz, M. A., & Hunter, J.
(1986). The relationship between
bloood-lead concentrations, intelligence, atttainment, and
behavior in a school population: The second
London study. International Archives of Occupational and
Environmental Health, 57, 225±235.
McBride, W. G., Black, B. P., & English, B. J. (1982). Blood
lead levels and behavior for 400
preschool children. Medical Journal of Australia, 2, 26±29.
Needleman, H. L., Gunnoe, C., Leviton, A., Reed, R., Peresie,
H., Maher, C., & Barrett, P. (1979).
De®cits in psychologic and classroom performance of children
with elevated dentine lead levels.
New England Journal of Medicine, 300, 689±695.
Needleman, H. L., & Bellinger, D. C. (1989). Type II fallacies
in the study of childhood exposure to
lead at low dose: A critical and quantitative review. In M. A.
Smith, L. D. Grant, & A. I. Sors (Eds.),
Lead exposure and child development: An international
assessment (pp. 293±304). Dordrecht, Netherlands:
Kluwer.
Needleman, H. L., Riess, J. A., Tobin, M. J., Biesecker, G. E.,
& Greenhouse, J. B. (1996). Bone lead
levels and delinquent behavior. Journal of the American
Medical Association, 275, 363±369.
50. Pocock, S. J., Ashby, D., & Smith, M. A. (1989). Lead exposure
and children's intellectual
performance: The Institute of Child Health/Southampton study.
In M. A. Smith, L. D. Grant, & A. I.
Sors (Eds.), Lead exposure and child development: An
international assessment (pp. 149±165). Dordrecht,
Netherlands: Kluwer Academic Publishers.
Rabinowitz, M., Bellinger, D. C., & Leviton, A. (1989). Which
measures of lead burden best predict a
child's 2-year mental development? In M. A. Smith, L. D.
Grant, & A. I. Sors (Eds.), Lead exposure and
child development: An international assessment (pp. 475±476).
Dordrecht Netherlands: Kluwer.
Regan, C. M., Cookman, G. R., Keane, G. J., King, W., &
Hemmens, S. E. (1989). The e�ects of
chronic low-level lead exposure on the early structuring of the
central nervous system. In M. A. Smith,
L. D Grant, & A. I. Sors (Eds.), Lead exposure and child
development: An international assessment
(pp. 440±452). Dordrecht, Netherlands: Kluwer.
Rice, D. C. (1989). Behavioural e�ects of low-level
develpomental exposure to lead in the monkey. In
M. A. Smith, L. D. Grant, & A. I. Sors (Eds.), Lead exposure
and child development: An international
assessment (pp. 427±439). Dordrecht, Netherlands: Kluwer.
Rice, D. C., & Karpinski, K. F. (1988). Lifetime low-level
exposure produces de®cits in delayed
alternation in adult monkeys. Neurobehavioral Toxicology and
Teratology 10, 207±214.
Rummo, J. H. (1974). Intellectual and behavioral e�ects of lead
51. poisoning in children. Unpublished
doctoral dissertation, University of North Carolina, Chapel Hill.
(University Micro®lms No. 74-26, 930).
Rummo, J. H., Routh, D. K., Rummo, N. J., & Brown, J. F.
(1979). Behavioral and neurological
e�ects of symptomatic and asymptomatic lead exposure in
children. Archives of Environmental Helath,
34, 120±124.
Schroeder, S. R., & Hawk, B. (1987). Psycho-social factiors,
lead exposure, and IQ. In W. R.
Schroeder (Ed.), Toxic substances and mental retardation.
Neurobehavioral toxicology and teratology
(pp. 97±136). Washington, DC: American Association on
Mental De®ciency.
Schroeder, S. R., Hawk, B., Otto, D. A., Mushak, P., & Hicks,
R. E. (1985). Separating the e�ects of
lead and social factors on IQ. Enviorionmental Research, 38,
144±154.
Silbergeld, E. K., & Goldberg, A. M. (1973). A lead-induced
behavioral disorder. Life Sciences, 13,
1275±1283.
Silva, P. A., Hughes, P., & Faed, J. M. (1986). Blood lead
levels in 576 Dunedin eleven year old
children. New Zealand Medical Journal, 99, 43±52.
Smith, M. A. (1989). The e�ects of low-level lead exposure on
children. In M. A. Smith, L. D.
Grant, & A. I. Sors (Eds.), Lead exposure and child
development: An international assessment (pp. 3±47).
Dordrecht, Netherlands: Kluwer.
52. Smith, M. Delves, T., Landsdown, R., Clayton, B., & Graham,
P. (1983). The e�ects of lead exposure
on urban children: The Institute of Child Health/Southampton
study. Developmental Medicine and
Child Neurology, 25, 47.
144 F. J. Dyer
# 1998 John Wiley & Sons, Ltd. Behav. Sci. Law, Vol. 16,
131±145 (1998)
Smith, M. A., Grant, L. D., & Sors, A. I. (Eds.). (1989). Lead
exposure and child development:
An international assessment. Dordrecht, Netherlands: Kluwer.
Stiles, K. M., & Bellinger, D. C. (1993). Neuropsychological
correlates of low-level lead exposure in
school age children: A prospective study. Neurotoxicology and
Teratology, 15, 27±35.
Sukel, H., Bennett, E., & Cooper, J. (1995, August). Complex
scienti®c testimony: How do jurors make
decisions? Paper presented at the 103rd convention of the
American Psychological Association,
New York, NY.
United States Department of Health and Human
Services/Centers for Disease Control. (1991).
Preventing lead poisoning in young children. Atlanta, GA: U.S.
PubIic Health Service.
Yule, W., Landsdown, R., Millar, I. B., & Urbanowicz, M. A.
(1981). The relationship between
blood lead concentrations, intelligence, and attainment in a
53. school population: A pilot study.
Developmental Medicine and Child Neurology, 23, 567±576.
Avoiding Type II Error 145
# 1998 John Wiley & Sons, Ltd. Behav. Sci. Law, Vol. 16,
131±145 (1998)
Copyright of Behavioral Sciences & the Law is the property of
John Wiley & Sons, Inc. and its content may not
be copied or emailed to multiple sites or posted to a listserv
without the copyright holder's express written
permission. However, users may print, download, or email
articles for individual use.
TESLA MOTORS INC
FORM 10-K
(Annual Report)
Filed 02/24/16 for the Period Ending 12/31/15
Address 3500 DEER CREEK RD
PALO ALTO, CA 94070
Telephone 650-681-5000
55. ¨ TRANSITION REPORT PURSUANT TO SECTION 13 OR
15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the transition period from to
Commission File Number: 001-34756
Tesla Motors, Inc.
(Exact name of registrant as specified in its charter)
Delaware 91-2197729
(State or other jurisdiction of
incorporation or organization)
(I.R.S. Employer
Identification No.)
3500 Deer Creek Road
Palo Alto, California 94304
(Address of principal executive offices) (Zip Code)
(650) 681-5000
(Registrant’s telephone number, including area code)
Securities registered pursuant to Section 12(b) of the Act:
Title of each class Name of each exchange on which registered
Common Stock, $0.001 par value
The NASDAQ Stock Market LLC
Securities registered pursuant to Section 12(g) of the Act:
56. None
Indicate by check mark whether the registrant is a well-
known seasoned issuer, as defined in Rule 405 of the Securities
Act. Yes x
No ¨
Indicate by check mark if the registrant is not required to file re
ports pursuant to Section 13 or 15(d) of the Act. Yes ¨
No x
Indicate by check mark whether the registrant (1) has filed all re
ports required to be filed by Section 13 or 15(d) of the Securitie
s Exchange Act of 1934 (“Exchange Act”) during the
preceding 12 months (or for such shorter period that the registra
nt was required to file such reports), and (2) has been subject to
such filing requirements for the past 90 days. Yes x
No
¨
Indicate by check mark whether the registrant has submitted ele
ctronically and posted on its corporate Web site, if any, every In
teractive Data File required to be submitted and posted
pursuant to Rule 405 of Regulation S-
T during the preceding 12 months (or for such shorter period tha
t the registrant was required to submit and post such files). Ye
s x
No ¨
Indicate by check mark if disclosure of delinquent filers pursua
nt to Item 405 of Regulation S-
K (§229.405 of this chapter) is not contained herein, and will no
t be contained, to the best of
registrant’s knowledge, in definitive proxy or information state
ments incorporated by reference in Part III of this Form 10-
K or any amendment to this Form 10-K. ¨
57. Indicate by check mark whether the registrant is a large accelera
ted filer, an accelerated filer, a non-
accelerated filer or a smaller reporting company. See the definit
ions of “large accelerated
filer,” “accelerated filer,” and “smaller reporting company” in R
ule 12b-2 of the Exchange Act:
Large accelerated filer x Accelerated filer ¨
Non-accelerated filer ¨
(Do not check if a smaller reporting company)
Smaller reporting company ¨
Indicate by check mark whether the registrant is a shell compan
y (as defined in Rule 12b-2 of the Exchange Act). Yes ¨
No x
The aggregate market value of voting stock held by non-
affiliates of the registrant, as of June 30, 2015, the last day of r
egistrant’s most recently completed second fiscal quarter, was
$26,340,519,416 (based on the closing price for shares of the re
gistrant’s Common Stock as reported by the NASDAQ Global S
elect Market on June 30, 2015). Shares of Common Stock held b
y
each executive officer, director, and holder of 5% or more of th
e outstanding Common Stock have been excluded in that such p
ersons may be deemed to be affiliates. This determination of
affiliate status is not necessarily a conclusive determination for
other purposes.
As of January 31, 2016, there were 132,056,338 shares of the re
gistrant’s Common Stock outstanding.
DOCUMENTS INCORPORATED BY REFERENCE
58. Portions of the registrant’s Proxy Statement for the 2015 Annua
l Meeting of Stockholders are incorporated herein by reference i
n Part III of this Annual Report on Form 10-K to the extent
stated herein. Such proxy statement will be filed with the Securi
ties and Exchange Commission within 120 days of the registrant
’s fiscal year ended December 31, 2015.
TESLA MOTORS, INC.
ANNUAL REPORT ON FORM 10-K FOR THE YEAR ENDED
DECEMBER 31, 2015
INDEX
Page
PART I.
Item 1. Business 4
Item 1A. Risk Factors 13
Item 1B. Unresolved Staff Comments 27
Item 2. Properties 28
Item 3. Legal Proceedings 28
Item 4. Mine Safety Disclosures 28
PART II.
Item 5.
Market for Registrant’s Common Equity, Related Stockholder
59. Matters and Issuer Purchases of Equity Securities 29
Item 6. Selected Financial Data 31
Item 7.
Management’s Discussion and Analysis of Financial Condition
and Results of Operations 32
Item 7A.
Quantitative and Qualitative Disclosures About Market Risk
43
Item 8. Financial Statements and Supplementary Data 45
Item 9.
Changes in and Disagreements with Accountants on Accounting
and Financial Disclosure 74
Item 9A. Controls and Procedures 74
Item 9B. Other Information 74
PART III.
Item 10.
Directors, Executive Officers and Corporate Governance 75
Item 11. Executive Compensation 75
Item 12.
Security Ownership of Certain Beneficial Owners and Manage
ment and Related Stockholder Matters 75
Item 13.
Certain Relationships and Related Transactions, and Director I
ndependence 75
Item 14. Principal Accountant Fees and Services 75
PART IV.
Item 15. Exhibits and Financial Statement Schedules 75
60. Signatures 82
2
Forward-Looking Statements
The discussions in this Annual Report on Form 10-K contain
forward-looking statements reflecting our current expectations
that involve risks and
uncertainties. These forward-looking statements include, but are
not limited to, statements concerning our strategy, future
operations, future financial position,
future revenues, projected costs, profitability, expected cost
reductions, capital adequacy, expectations regarding demand
and acceptance for our technologies,
growth opportunities and trends in the market in which we
operate, prospects and plans and objectives of management. The
words “anticipates”, “believes”,
“estimates”, “expects”, “intends”, “may”, “plans”, “projects”,
“will”, “would” and similar expressions are intended to identify
forward-looking statements,
although not all forward-looking statements contain these
identifying words. We may not actually achieve the plans,
intentions or expectations disclosed in our
forward-looking statements and you should not place undue
reliance on our forward-looking statements. Actual results or
events could differ materially from
the plans, intentions and expectations disclosed in the forward-
looking statements that we make. These forward-looking
statements involve risks and
61. uncertainties that could cause our actual results to differ
materially from those in the forward-looking statements,
including, without limitation, the risks set
forth in Part I, Item 1A, “Risk Factors” in this Annual Report
on Form 10-K and in our other filings with the Securities and
Exchange Commission. We do not
assume any obligation to update any forward-looking
statements.
3
P ART I
I TEM 1. BUSINESS
Overview
We design, develop, manufacture and sell high-
performance fully electric vehicles and energy storage products.
We have established our own network of
vehicle sales and service centers and Supercharger stations glob
ally to accelerate the widespread adoption of electric vehicles.
Our vehicles, electric vehicle
engineering expertise, and business model differentiates us from
incumbent automobile manufacturers.
We currently produce and sell two fully electric vehicles, the M
odel S sedan and the Model X sport utility vehicle (SUV). Both
vehicles offer exceptional
performance, functionality and attractive styling. We commence
d deliveries of Model S in June 2012 and as of December 31, 20
15 we have delivered over 107,000
62. new Model S vehicles worldwide. We have continued to improv
e Model S by introducing performance, all-
wheel drive dual motor, and autopilot options, as well
as free over-the-air software updates.
We commenced customer deliveries of Model X in the third qua
rter of 2015. This unique vehicle offers exceptional safety, seati
ng for seven people, all-
wheel drive, and our autopilot functionality. We are currently ra
mping production and deliveries of Model X in the United State
s and plan to offer it in Europe and
Asia in 2016.
After the Model X, our goal is to introduce the Model 3, a lower
priced sedan designed for the mass market. We intend to unveil
Model 3 in the first quarter
of 2016 and start production and deliveries in late 2017.
The commercial production of fully electric vehicles that meets
consumers’ range and performance expectations requires substa
ntial design, engineering,
and integration work on almost every system of our vehicles. O
ur design and vehicle engineering capabilities, combined with th
e technical advancements of our
powertrain system, have enabled us to design and develop electr
ic vehicles that we believe overcome the design, styling, and pe
rformance issues that have
historically limited broad consumer adoption of electric vehicle
s. As a result, our customers enjoy several benefits, including:
· Long
Range
and
Recharging
Flexibility.
Our vehicles offer ranges that significantly exceed those of any
other commercially available electric
63. vehicle. In addition, our vehicles incorporate our proprietary on
-
board charging system, permitting recharging from almost any a
vailable electrical
outlet. Our vehicles also offer fast charging capability from our
Supercharger network. We believe the long-
range and charging flexibility of our
vehicles will help reduce consumer anxiety over range, alleviate
the need for expensive, large-
scale charging infrastructure, and differentiate our
vehicles as compared to those of our competitors.
· High-Performance
Without
Compromised
Design
or
Functionality.
Our vehicles deliver unparalleled driving experiences with insta
ntaneous and
sustained acceleration through an extended range of speed. In a
ddition, our vehicles provide best in class storage in the trunk a
nd hood while offering
design and performance comparable to, or better than, other pre
mium vehicles.
· Energy
Efficiency
and
Cost
of
Ownership.
Our vehicles offer consumers an attractive cost of ownership wh
en compared to similar internal
combustion engine or hybrid electric vehicles. Using only an ele
64. ctric powertrain enables us to create more energy efficient vehic
les that are
mechanically simpler than currently available hybrid or internal
combustion engine vehicles. The cost to fuel our vehicles is les
s compared to
internal combustion vehicles. We also expect our electric vehicl
es will have lower relative maintenance costs than hybrid, plug-
in hybrid, or internal
combustion engine vehicles due to fewer moving parts and the a
bsence of certain components, including oil, oil filters, spark pl
ugs and engine
valves. Additionally, government incentives that are currently a
vailable can reduce the cost of ownership even further.
We sell our vehicles through our own sales and service network
which we are continuing to grow globally. We believe the benef
its we receive from
distribution ownership will enable us to improve the overall cus
tomer experience, the speed of product development and the cap
ital efficiency of our business. We
are also continuing to build our network of Superchargers in the
United States, Europe and Asia to provide fast charging that en
ables convenient long distance
travel.
In addition to developing our own vehicles, we sell energy stora
ge products. We recently announced the next generation of our e
nergy storage products, the
7 kWh and 10 kWh Powerwall for residential applications and t
he 100 kWh Powerpack for commercial and industrial applicatio
ns. We began production and
deliveries of these products, which we market under the Tesla E
nergy brand, in the third quarter of 2015.
We manufacture our products primarily at our facilities in Frem
ont, California, Lathrop, California, Tilburg, Netherlands and at
65. our Gigafactory near Reno,
Nevada. We are currently using battery packs manufactured at t
he Gigafactory for our energy storage products, and will do so f
or our vehicles in the future.
Our Vehicles and Products
We currently design, develop, manufacture and sell fully electri
c vehicles and energy storage products.
4
Model S
Model S is a fully electric, four-door, five-
adult passenger sedan that offers compelling range and performa
nce with zero tailpipe emissions. Model S offers
a range on a single charge of up to 288 miles as determined usin
g the United States EPA’s combined two-
cycle city/highway test. We offer performance and all-
wheel drive dual motor system options. The performance versio
n of our All-
Wheel Drive Dual Motor Model S accelerates from 0 to 60 mile
s per hour in 2.8
seconds with the Ludicrous speed upgrade.
Model S offers a unique combination of functionality, convenie
nce, safety and styling without compromising performance and
energy efficiency. With the
battery pack in the floor of the vehicle and the motor and gearb
ox in line with the rear axle, our single motor Model S provides
best in class storage space. Model S
is also available with premium luxury features, including a 17 i
nch touch screen driver interface, our advanced autopilot system
with both active safety and
66. convenience features, and over-the-
air software updates. We believe the combination of performanc
e, safety, styling, convenience and energy efficiency of Model
S positions it as a compelling alternative to other vehicles in the
luxury and performance segments.
Model X
Model X is a sport utility vehicle that offers exceptional functio
nality with high performance features such as our fully electric,
all-wheel drive dual motor
system and our autopilot system. Model X provides up to 257 m
iles of range on a single charge, and can accelerate from 0 to 60
as quickly as 3.2 seconds with the
Ludicrous speed upgrade. Model X seats seven adults and incor
porates a unique falcon wing door system for superior access to
the second and third seating rows.
Although the National Highway Traffic Safety Administration h
as not yet conducted crash testing on Model X, based on our int
ernal testing, we expect Model X to
receive the highest safety rating in every category. We began cu
stomer deliveries of Model X in the third quarter of 2015 in the
United States. After its initial
launch in the United States, Model X will be sold in all the mar
kets where Model S is available including in Asia and Europe.
Model 3
We have also publicly announced our intent to develop a third g
eneration electric vehicle, called Model 3, to be produced at the
Tesla Factory. We intend to
offer this vehicle at a lower price point and expect to produce it
at higher volumes than our Model S or Model X. We plan to un
veil Model 3 in March of 2016 and
expect to start production and deliveries of this vehicle in late 2
017.
67. Energy Storage Applications
Using the energy management technologies and manufacturing p
rocesses developed for our vehicle powertrain systems, we have
developed energy storage
products for use in homes, commercial sites and utilities. The a
pplications for these battery systems include backup power, pea
k demand reduction, demand
response and wholesale electric market services. We began selli
ng our home systems in 2013 and our commercial and utility sys
tems in 2014. We recently
announced the next generation of our energy storage products u
nder the Tesla Energy brand.
The Tesla Energy product portfolio will include energy storage
products with a wide range of applications, from use in single h
omes to use in larger utility-
scale projects. Tesla Powerwall is a rechargeable lithium-
ion battery designed to store energy at a residential and small co
mmercial level for load shifting, backup
power and self-
consumption of solar power generation. Powerwall is available i
n storage sizes of 10kWh, optimized for backup applications, or
7kWh, optimized
for daily use applications. In addition, we offer a 100 kWh Pow
erpack for peak shaving, load shifting and demand response for
commercial customers and for
renewable firming and a variety of grid services for utilities. Fo
r utility scale systems, 100kWh battery blocks can be grouped t
ogether to offer installation of over
10MWh. We began production of our Tesla Energy products at t
he Gigafactory in the fourth quarter of 2015.
Technology
Our core competencies are powertrain engineering, vehicle engi
68. neering, innovative manufacturing and energy storage. Our core
intellectual property resides
not only within our electric powertrain, but also within our abili
ty to design a vehicle that utilizes the unique advantages of an e
lectric powertrain and the latest
advancements in consumer technologies. Our powertrain consist
s of our battery pack, power electronics, motor, gearbox and con
trol software. We designed our
powertrain originally for our first vehicle, the Tesla Roadster, a
nd commercialized improvements into vehicles manufactured by
Daimler and Toyota, and
ultimately into the Model S and Model X. Today, we offer sever
al powertrain variants for the Model S and Model X that incorpo
rate years of research and
development performed since the original design. In addition, w
e have designed our vehicles to incorporate the latest advances i
n consumer technologies, such as
mobile computing, sensing, displays, and connectivity. Further
evolution of our technology continues for Model 3, which we pl
an to offer at significantly lower
price. In addition, advancements originally commercialized in o
ur vehicles are being leveraged for our storage applications.
5
Battery Pack
We design our battery packs to achieve high energy density at a
low cost while also maintaining safety, reliability and long life.
Our proprietary technology
includes systems for high density energy storage, cooling, safet
y, charge balancing, structural durability, and electronics manag
ement. We have also pioneered
69. advanced manufacturing techniques to manufacture large volum
es of battery packs with high quality and low costs.
We have significant expertise in the safety and management syst
ems needed to use lithium-
ion cells in the automotive environment, and have actively
worked with lithium-
ion cell suppliers to further optimize cell designs to increase ov
erall performance. These advancements have enabled us to impr
ove cost and
performance of our batteries over time. For example, in 2015 al
one, we upgraded the battery of our lowest range Model S from
60 kWh to 70 kWh, and our highest
range Model S to 90 kWh.
Our engineering and manufacturing efforts have been performed
with a longer-
term goal of building a foundation for further development. For
instance, we
have designed our battery pack to permit flexibility with respect
to battery cell chemistry and form factor. In so doing, we can le
verage the substantial investments
and advancements being made globally by battery cell manufact
urers to continue to improve cost. We maintain extensive testing
and R&D capabilities at the
individual cell level, the full battery-
pack level, and other critical battery pack systems. As a result,
we have built an expansive body of knowledge on lithium-ion
cell vendors, chemistry types, and performance characteristics.
We believe that the flexibility of our designs, combined with ou
r research and real-world
performance data, will enable us to continue to evaluate new bat
tery cells as they become commercially viable, and thereby opti
mize battery pack system
performance and cost for our current and future vehicles.
70. Power Electronics
The power electronics in our electric vehicle powertrain govern
the flow of high voltage electrical current throughout the vehicl
e. The power electronics
have two primary functions, powering our electric motor to gene
rate torque while driving and delivering energy into the battery
pack while charging.
The first function is accomplished through the drive inverter, w
hich converts direct current (DC) from the battery pack into alte
rnating current (AC) to drive
our induction motors. The drive inverter also provides “regenera
tive braking” functionality, which captures energy from the whe
els to charge the battery pack when
needed. Tesla has developed a family of drive inverter designs t
hat are customized to its proprietary motor designs to most effic
iently meet the demands of each of
our vehicles. The primary technological advantages to our desig
ns include the ability to drive large amounts of current in a smal
l physical package.
The second function, charging the battery pack, is accomplished
by the charger, which converts alternating current (usually fro
m a wall outlet or other
electricity source) into direct current that can be accepted by th
e battery. Tesla vehicles can recharge on a wide variety of elect
ricity sources due to the design of
this charger, from a common household outlet to high power cir
cuits meant for more industrial uses. In most markets, Tesla veh
icles come with a Mobile
Connector that allows for multiple different charging services to
be used. In many markets, Tesla offers a Tesla Wall Connector
that can be set up to provide higher
power charging than the Mobile Connectors.
71. On the road, customers can also charge using our Supercharger
network or at a variety of destinations that have deployed our ch
arging equipment. In
addition, Model S vehicles can charge at a variety of public cha
rging stations around the world, either natively or through a suit
e of adapters. This flexibility in
charging provides customers with additional mobility, while als
o allowing them to conveniently charge the vehicle overnight at
home.
Dual Motor Powertrain
In October of 2014, we launched the initial version of our dual
motor powertrain, which uses two electric motors to provide gre
ater efficiency, performance,
and range in an all-wheel drive configuration. Conventional all-
wheel drive vehicles distribute power to the wheels from a singl
e engine driving a complex
mechanical transmission system. By contrast, Tesla’s dual moto
r powertrain digitally and independently controls torque to the f
ront and rear wheels. The almost
instantaneous response of the motors, combined with low center
s of gravity provides drivers with controlled performance and in
creased traction control.
Vehicle Control and Infotainment Software
The performance and safety systems of our vehicles and their ba
ttery packs require sophisticated control software. There are nu
merous processors in our
vehicles to control these functions, and we write custom firmwa
re for many of these processors. The flow of electricity between
the battery pack and the motor
must be tightly controlled in order to deliver the performance an
d behavior expected in the vehicle. For example, software algori
thms enable the vehicle to mimic
72. the “creep” feeling which drivers expect from an internal combu
stion engine vehicle without having to apply pressure on the acc
elerator. Similar algorithms control
traction, vehicle stability and the sustained acceleration and reg
enerative braking of the vehicle. Software also is used extensive
ly to monitor the charge state of
each of the cells of the battery pack and to manage all of its saf
ety systems. Drivers use the information and control systems in
our vehicles to optimize
performance, customize vehicle behavior, manage charging mod
es and times and control all infotainment functions. We develop
almost all of this software,
including most of the user interfaces, internally.
6
Autopilot Systems
We have developed an expertise in vehicle autopilot systems, in
cluding auto-
steering, traffic aware cruise control, lane changing, automated
parking, driver
warning systems and automated braking functions. In October o
f 2014, we began equipping all Model S vehicles with hardware
to allow for the incremental
introduction of autopilot technology. Our autopilot systems reli
eve our drivers of the most tedious and potentially dangerous as
pects of road travel. Although the
driver is ultimately responsible for controlling the vehicle, our s
ystem provides safety and convenience functionality that allows
our customers to rely on it much
like the system that airplane pilots use when conditions permit.
Our autopilot system leverages an advanced set of hardware incl
uding a forward radar, a forward-
73. looking camera, 12 long-range ultrasonic sensors, and a high-
precision digitally controlled electric assist braking system. Thi
s hardware suite, along with over-the-
air firmware updates and field data feedback loops from the onb
oard camera, radar, ultrasonics, and GPS, enables the system to
continually learn and improve its
performance.
Vehicle Design and Engineering
In addition to the design, development and production of the po
wertrain, we have created significant in-
house capabilities in the design and engineering of
electric vehicles and electric vehicle components and systems.
We design and engineer bodies, chassis, interiors, heating and c
ooling and low voltage electrical
systems in house and to a lesser extent in conjunction with our s
uppliers. Our team has core competencies in computer aided des
ign and crash test simulations
which we expect to reduce the product development time of new
models.
Additionally, our team has expertise in lightweight materials, a
very important characteristic for electric vehicles given the imp
act of mass on range. Model
S and Model X are built with a lightweight aluminum body and
chassis which incorporates a variety of materials and production
methods that help optimize the
weight of the vehicle.
Vehicle Sales and Marketing
Company-Owned Stores and Galleries
We market and sell cars directly to consumers through an intern
ational network of company-
owned stores and galleries. Our Tesla stores and galleries are
74. highly visible, premium outlets in major metropolitan markets, s
ome of which combine retail sales and service. We have also fo
und that opening a service center in
a new geographic area can increase demand. As a result, we hav
e complemented our store strategy with sales facilities and pers
onnel in service centers to more
rapidly expand our retail footprint. We refer to these as “Servic
e Plus” locations. Including all of our stores, galleries, Service
Plus and service facilities, we
operated 208 locations around the world as of December 31, 201
5.
We own our sales and service network because the traditional fr
anchised distribution and service model is not viable for a busin
ess like ours. In our
company-
owned network, our customers deal directly with our own Tesla-
employed sales and service staff, creating a differentiated buyin
g experience from the
buying experience consumers have with franchised automobile d
ealers and service centers. We believe we will also be able to be
tter control costs of inventory,
manage warranty service and pricing, maintain and strengthen t
he Tesla brand, and obtain rapid customer feedback.
Tesla Supercharger Network
We are building a network of up to 120 kW fast charging equip
ment, each called a Tesla Supercharger, throughout North Ameri
ca, Europe and Asia for fast
charging of Tesla vehicles. Our Supercharger network is a strate
gic corporate initiative designed to remove a barrier to the broa
der adoption of electric vehicles
caused by the perception of limited vehicle range and to provide
fast charging to enable long-
distance travel. The Tesla Supercharger is an industrial grade, h
