Business Analysis – International Strategy and Competitive Advantages

Introduction According to Iliev et al (2004, p. 133), Apple Inc. was selling its products exclusively in America, initially. Nowadays, Apple has expanded significantly beyond domestic market. Apple has so far succeeded to become a multinational organization, selling products and resourcing law materials globally. To minimize the impact of the existing rivalry in the PC industry at the global edge and to maintain competitive advantage, Apple applies non-competition strategies, (Yoffie, 2004).This section examines the strategies adopted Apple Inc to penetrate and to manage rivalry in the global market. Further, this part looks into the competitive advantages of Apple Inc, which enable it to maintain competitive edge In the PC industry globally. In addition, paper briefly highlights the benefits and shortcomings of the strategies adopted by Apple Inc, giving potential solutions and strategies based on the available data. International strategy According to Iliev et al (2004, p. 133), Ap ple Inc. ses a combination of product development and product proliferation strategies to achieve and maintain its international competitiveness. Iliev et al notes that, product proliferation strategy is similar to the approaches used in creating barriers to entry. In such an approach, if new niches develop, the leader in a given industry benefits most. For example, Apple got the first mover advantage in the digital music market where it was the first company to provide online music through iTunes and the iPod.The other companies in the industry started to move into the niche, competition was raised and rivalry decreased Product development on the other hand refers to the process of innovation of new or better products so as to replace the old ones. Apple has managed to lead in the PC industry in innovation and design hence, it has been able to exploit available opportunities and to gain significant market share in the international market. For example, in 2002 and 2003, iTunes and the iPod were made available by Apple at windows version.As a result, demand for the products skyrocketed and helped to propel revenues for Apple to record high. In fact, today, iTunes account for 70% for global market for digital music downloads, (Jones, 2011). The combination of product development and product proliferation strategies is beneficial to Apple since the perceived value of the products of Apple Inc. generated through innovation and superior design proves to be inimitable competency. Thus, as much as this advantage exists, Apple will continue to lead in the PC industry.However, the product proliferation strategy adopted by Apple Inc. a major shortcoming. According to Iliev et al (2004, p. 133), this tactic leads to high pressure for cost reduction and for local responsiveness. This makes this approach the most difficult to realize, but if a company succeeds, it can obtain a low cost structure and also considerable level of customer acceptance. According to Iliev et al (2004, p. 133), Apple applies this approach, but, it has not yet attained the optimal point.As a result, the majority of computer owners in the global market do not know much about Apple’s technology. For Apple to attain appropriately low cost situation, it has to come up with ways to persuade PC users in the global market from the very entry of their innovative and technological superiority. Competitive advantage Apple Inc faces great competition form other companies in the PC industry such as Dell, Compaq and Gateway. This forces Apple to come up with competitive strategies which best fits generic business level strategy in the industry life cycle (Lubeck et al, 2009, p. ). According Lubeck et al, Apple is keen to constantly watch the other players and tries to predict the step that each of them is likely to take in the future in order to be ahead of them. Further, Apple possesses competitive advantage in specific areas resulting from its distinctive competencies. First, Ap ple enhances the quality of its products through improved product design, (Iliev et al (2004, p. 135). According to Besanko et al, (2009, p. 362) this helps in creating value through functionality and better product quality, thus leading to more pricing options and differentiation.Moreover, the Human Resource Department of Apple Inc facilitates it to reach superior quality since it recruits high skilled workforce that ultimately leads to better product quality, thereby also leading to more pricing options and differentiation. Also, the Research and Development department of Apple Inc plays an important role as a source of superior innovation and comes up with new brands of products that create more value to the customers and enhances usability. As well, this factor results in more pricing options and to differentiation. Finally, the information systems in Apple Inc enhances internal communication and also, xternal coordination which in turn, optimizes business processes. This helps to reduce costs due to increased efficiency. According to Iliev et al (2004, p. p. 135). Apple adopts a model which acknowledges these distinctive competencies and sets a business model which facilitates it to enforce and to organize its competitive advantage. Therefore, all these above competencies enable Apple Inc to achieve superior level of innovation, enhance quality of its products and increase efficiency in production, hence provide Apple with a competitive advantage.Conclusion In conclusion, Apple uses product a both product development and product proliferation strategies to achieve and maintain competitiveness in the global market. This approach is beneficial since the perceived value of the products of Apple Inc. generated through innovation and superior design proves to be inimitable competency. However, this approach leads to high pressure for cost reduction and for local responsiveness and hence, it becomes the most difficult approach to realize. As demonstrated in thi s part, Apple Inc. eeds to come up with ways to persuade PC users in the global market from the very entry of their innovative and technological superiority so as to attain the benefits of the strategy of cost reduction. As noted in the essay, Apple Inc. possesses various competencies including; product design, branding, usability and internal communication and external coordination. These competencies enable Apple to attain a competitive advantage against the competitors. References Besanko, D. , Dranove, D. , Shanley, M. & Schaefer, S. (2009), Economics of Strategy, John Wiley and Sons, New York Iliev V. , Lindinger, A. & Poettler G. , (2004), â€Å"Apple Coputer Inc. Strategic audit,† Retrieved from, http://www. andreaslindinger. net/downloads/strategicmgmts-lindingeretal. pdf Jones D. , (2011), â€Å"Apple strives for global markets,† Retrieved from, http://online. wsj. com/article/SB10001424052748703302604575294530119152528. html Lubeck, B. , Niltz J. , Danforth, J. & Brannon J. , (2009), Apple Inc. : creating and sustaining a competitive advantage, retrieved from,

We’ve Had Enough of NAFTA: Perspectives in Withdrawing Our Membership

After 14 years of existence, the North American Free Trade Agreement (NAFTA) has still yet to prove its worth as an effective regional trade bloc. As an avenue to promote free trade and globalization, NAFTA has been much criticized for its inability meet the objectives and levels of political and economic integration. In this case, the debate of whether the United States should withdraw its membership in the NAFTA or not will enable us to assess the viability of this regional trade bloc in the age of globalization. It was in December 1992 that the leaders of Canada, Mexico, and the United States have given their nods to draft the North American Free Trade Agreement (NAFTA) (OAS, 2008). Approved in the US Congress in 1994, NAFTA the agreement went into effect 1 January 1994 (OAS, 2008). The main goal of NAFTA is to build a framework for North American countries to ease out the trade barriers in order to promote a steady flow of exported and imported goods in the area. Aside from allaying the barriers that hamper trade among the three countries, NAFTA also aims to achieve â€Å"greater openness in the trade of services and in foreign investment†. Another important purpose of NAFTA is to permit â€Å"the three countries to cooperate and coordinate on environmental and labor issues† (Jones, 2003). However, problems began to arise when environmental and labor concerns in this agreement became convoluted. Critics began to scoff NAFTA to be promoting inequality to the region. It is also revealed later that there are trade policies that are questionable that could be proven to be detrimental in the long term perspective. In the globalizing world, it is but logical that most trade groups contain countries in the same area of the world to offer trade agreements, like NAFTA, to obtain mutual benefits. Yeung et al. (1999) offered these reasons why countries form regional trading blocs: 1. Economic Development. Many countries attempt to achieve economic growth by creating their own industries and by embracing a policy of imports substitution. However, many industries encounter problems related to limited domestic markets and the inability to achieve economies of scale. Under these circumstances, many countries pool their resources and create larger markets by integrating their economies. 2. Managing Trade Regionally. Many countries regarded global trade institutions as too bureaucratic and slow in responding to both trade opportunities and trade problems. As organizations expand their membership, they tend to become less responsive to their members, ideological differences proliferate, negotiations take forever, and reaching consensus is often very difficult. Neighboring countries usually have similar cultures and philosophical outlooks. The smaller group can respond faster than the global groups to problems and trade opportunities. 3. Economic Competition. Countries can become far more economically prosperous by forming trade blocs. European countries, for example, viewed economic integration as a way to stimulate trade in Europe. But Europeans also believed that economic growth in Europe would enhance their ability to compete with the United States and Japan. 4. Political and Strategic Considerations. Although trade appears to be the primary reason for economic integration, many countries form trade blocs for political and security reasons. NAFTA reflected a trade-policy response to the regionalization of capitalist competition at a global level. Content rule, tariff reduction schedules, and other NAFTA provisions are designed to favor its members. Premised on an improved capacity to export commodities produced under low-cost conditions in Mexico into the high-price consumer markets of North America, Western Europe, and Japan, NAFTA is an attempt to reclaim economic power in a capitalist world system. Petras and Morley (1995) argue that â€Å"NAFTA is the centerpiece of a new economic strategy †¦ which Washington hopes to use as a springboard for its reemergence as a more competitive player in the world market† (p. 128–129). Moreover, Olson (2005) indicated that NAFTA promised a â€Å"win-win† scenario for Mexico and the United States because having it would mean more jobs and increased wealth, which in turn would bring greater stability to the area and lessen migratory pressures. Indeed, it is undeniable that NAFTA has brought about the sharp expansion of regional trade and investment in the region. From 1993 through 2004, â€Å"US merchandise exports to and imports from Mexico have increased by 166 and 290 percent, respectively† (Hufbauer 2005, p. xxxvii). As Mexico is burdened with gargantuan debt, they regarded this trade agreement with the United States as an essential step in achieving economic development. The United States desired to maintain stability in Mexico and saw abundant and inexpensive Mexican labor as beneficial to U.S. companies that were anxious to gain a competitive advantage over the Japanese and Europeans. Canada, wanting to retain its favorable trading relationship with the United States, viewed economic integration in North America as a way of countering U.S. dominance of the Americas (Vega-Canovas 1999, p. 230). However, NAFTA could not go unfazed without mudslinging from several critics. Jubasz (2004) revealed that the most reliable data available demonstrated how economic globalization of trade like NAFTA has caused the most dramatic increase in global inequality and poverty in modern history. Globalization of trade had only benefited the countries with bigger economies to dominate over economically-challenged countries. The policies of economic globalization such as free trade, financial liberalization, deregulation, reduced government spending, and privatization had concentrated wealth at the top. It had tried to removed from Third World governments and communities the very tools needed to ensure equity and to protect workers, social services, the environment, and sustainable livelihoods. In this way, economic globalization and its institutions—including the International Monetary Fund (IMF), the World Bank, the World Trade Organization (WTO, and the North American Free Trade Agreement (NAFTA), have created the most dramatic increase in global inequality—both within and between nations—in modern history and have increased global poverty. More specifically, NAFTA has been accused to have caused the environmental degradation in Mexico.   Gallagher (2007) observed that â€Å"rises in income have been small and environmental degradation has been large† in Mexico since the NAFTA was established. Costly environment degradation is slowly eating away the natural resources because the proper mechanisms were not put in place to help Mexico manage its economic growth in an environmentally sustainable manner. To keep at pace with NAFTA, Mexico doubled spending on environmental protection and started a much-needed industrial environmental inspection program. However, shortly after NAFTA was signed and fiscal and financial woes set in, attention to the environment are totally ignored. Moreover, labor issues had rocked NAFTA in the 1990s. It had been an issue during Ross Perot’s presidential bid against Clinton and famous claim of an impending â€Å"giant sucking sound† helped frame the political debate, but also alluded to important economic trends that affected them all. Fact is that Mexicans complain of the devastating impact it has had on small farmers in Mexico after being integrated in NAFTA. Dugger (2003) reported that the Carnegie Endowment for International Peace, a research institute in Washington, D.C. filed a report concluding that NAFTA failed to generate substantial job growth in Mexico, hurt hundreds of thousands of subsistence farmers there, and had miniscule net effects on jobs in the United States. Income inequality is greater and illegal immigration continues unabated (p. A9). The World Bank, on the other hand, found that NAFTA brought significant economic and social benefits to Mexico and argued that Mexico would have been worse off without the agreement (Dugger 2003, p. A9). Clearly, there is a big problem with the level of integration among the United States, Canada, and Mexico in NAFTA as compared to that achieved by the European Union. NAFTA, unlike the EU, does not provide for the free movement of people across borders. NAFTA countries pursue their own independent trade, foreign, domestic, and defense policies. Compared with the Europeans, who have given up some aspects of national sovereignty in exchange for European political and economic unification, NAFTA members jealously guard their sovereignty. In this case, there should be strong reforms needed in the NAFTA trade policies to make it more favorable for Mexico. If unfair regulation persists and environmental concerns are still ignored, it is high time that United States should withdraw its membership from the NAFTA because it does not bring the greater good that it promises for the region. Works Cited Dugger, Celia W. Report Finds Few Benefits for Mexico in NAFTA, New York Times, 19 November 2003, A9. Gallagher, Kevin P. In Mexico, Free Trade Has Led to Large-Scale Environmental Degradation. In Miller, D. (Ed). Current Controversies: Globalization. Detroit: Greenhaven Press, 2007 Hufbauer, Gary Clyde. NAFTA Revisited : Achievements and Challenges, Washington, DC: Peterson Institute for International Economics, 2005. Jubasz, Antonia. â€Å"Globalization Is Making World Poverty Worse.† In Balkin, K. (ed.), Poverty. San Diego: Greenhaven Press, 2004. Olson, Eric L.  Divided states of the Americas: human rights and democracy in Latin America: a progress report.  Sojourners Magazine  35.3  (March 2006):  28-34. Organization of American States (OAS). NAFTA. 6 February 2007. http://www-old.itcilo.org/actrav/actrav-english/telearn/global/ilo/blokit/nafta.htm. Petras, James, and Morley, Morris. Empire or Republic: American Global Power and Domestic Decay. New York: Routledge, 1995. Vega-Canovas, Gustavo. â€Å"NAFTA and the EU: Toward Convergence?† in Yeung et al. (Eds.). Regional Trading Blocks in the Global Economy, Cheltenham, UK: Edward Elgar, 1999. Yeung, May T., Perdikis, Nicholas and Kerr, William A. (Eds.). Regional Trading Blocks in the Global Economy; Cheltenham, UK: Edward

Autonomy and Terminal Illness Case Study Example | Topics and Well Written Essays - 250 words - 1

Autonomy and Terminal Illness - Case Study Example Sally is described as terminally ill with metastasis in other vital organs by her oncologist and confirmed by her attending physician as a poor candidate for the continuance of chemotherapy treatment. As a patient, Sally has the right to be informed on all the treatment that she is supposed to receive and so with her family members. However, since she is in denial of her condition and in panic of her impending death, the physician has the autonomy to decide to write the Do not resuscitate order. In this scenario, the involvement of the patient in decision making is not that important since she will be less concern on the adverse effects of resuscitation on her health. Equally important to consider is the wish of the patient to be treated the way she likes. Treating the patient as she wishes is within the scope of professional code of the doctors. It is their responsibility to deliver quality care to their patients and treat them the way their patients like it to be. However, this seems not applicable in Sally’s condition because it is not consistent with the physician’s AMA code of ethics which dictates they have the obligation to modify management goal to palliative form if other treatments is in effective ( McCabe, 2008). This is further supported by the statement of Dr. Reith Rose, Sunnybrook executive vice president in her written statement that when clinical teams determine that further interventions would have no benefit to the patient, health care providers are not obliged to provide intervention that lie outside the standard care which indeed may well cause harm ( Smith, 2010). Although, the medical goal of the physician is to prolong life, the Do not resuscitate (DNR) order should be applied to Sally even after taking into consideration its ethical theories, patient’s right, and professional code of doctors because it is the lesser evil. Resuscitating Sally is deemed medically

Dissolution of the Department of Homeland Security Essay

Dissolution of the Department of Homeland Security - Essay Example One need look no further than the seemingly ever increasing nature of the annual budgets within which DHS must manage its mandates to see evidence of this. For instance, in 2012 alone, your budget allocated 43.2 billion USD to the Department of Homeland Security as a means of meeting the goals and mission objectives that it has been tasked with (Vandermey, 2011). Although one of the main reasons why both republicans and democrats have argued for the perpetuation of the Department of Homeland Security is due to the fact that there has not been a single domestic act of widespread terrorism since the attacks of September 11, 2001. However, this logic is faulty due to the fact that absence of an attack does not actually correspond to the effectiveness of the agency in general. Moreover, and perhaps more importantly, the actual distribution of power that the Department of Homeland Security oversees appears to be one of its greatest weaknesses. Moreover, it is the belief of this citizen th at the argument for the furtherance of the Department of Homeland Security by congressional share-holders has been partly born out of a fear for voting to discontinue such an entity and then facing the electoral ramifications of what this could portend for them, as well as for their party, should another terrorist attack similar to the scale of September 11th, 2001 take place again within the United States. This fear is not only warranted but it is also indicative of a type of thinking that continues to place the United States in a great deal more debt than it would otherwise have. Prior to its creation in October of 2011, the Department of Homeland Security’s ultimate functions were not merely nonexistent. I would ask that your administration keep this in mind as it considers funding and furtherance of the Department of Homeland Security into the future. Due to the fact that many of the individual aspects of the Department of Homeland Security’s ultimate purview were handled by other government entities, what the current Department of Homeland Security has come to represent is a government agency charged with an extraordinarily high level of oversight. As a function of this extremely high level of multiple oversights that the Department of Homeland Security is tasked with, it is the opinion of this author that this ultimately makes the mission, vision, and goals of the Department of Homeland Security untenable. Moreover, many critics have claimed that the department itself is ineffective due to the extremely wide breadth of instances that it attempts to protect against. Although it is laudable what the Department of Homeland Security is attempting to do with regards to protecting the population of the United States against natural and man-made threats to its continued existence, the fact of the matter remains that it is has seemingly become yet another bloated

The challenges of Interoperability Essay Example | Topics and Well Written Essays - 1000 words

The challenges of Interoperability - Essay Example The migrating path for the Electronic Health Record (EHR) is a complex processing that needs efficient planning before a hospital administration plans to introduce interoperability for unifying its numerous operating systems. Being a CIO of a hospital with numerous computerized data entering systems, I would consider issues of higher expense, maintenance of the major operating system providing interoperability to other operating system of the hospital. There are other issues that a CIO of a healthcare organization must focus on. It could involve the training of the officials to enter the specifications of the records focusing on the type of nomenclatures. It should be noted that the continuous research and development in the field of health care has made it quite complicated for the transmission of interoperability migrating path. In this paper, I would take the position of a CIO of a health care organization to discuss the challenges of interoperability. I would stress on the signif icance of the migration path for the Electronic Health Record (EHR) acquisition and propose the managers of the organization to pass the clauses to take the acquisition underway by following the following criteria: Challenges of Interoperability: I. Electronic Health Records (EHR) Vendors: It is quite evident that a newer setup by connecting different leverage of information operating systems in the hospital for information management would need training of the professionals. Traditionally, it has been noted that EHR Vendors are a special approach for this purpose. By acquiring an EHR vendor, it would be much easier for the professionals to get used to the electronic record system. Once the EHR information systems are easily connected to numerous other data recording systems, they will automatically help the professionals to use it on a continuous basis. The operating technical training can actually act as a factor of making information systems successful (Amatayakul). II. Connectio n and Nomenclatures: I would suggest that the organization follows the information categories to make it certain for data delivery methods in order to connect to other departments. This will need coding and nomenclatures to be added. Considering numerous operating systems being used in the organization which I am working for, it comes as a challenge to actually share information among different departments, because each department has a different set of requirements for data specification. For instance, the operating system, namely Laboratory Information System (LIS) within the organization, is dealing with the information consumed by the internal departments. It has to be used externally by other health organizations as well to make sure the commutative statistics of the disease is observable. This will help in the process of providing assistance to the patients with technologically advanced interface (Amatayakul). By providing interoperability among the different operating systems used for entering disease specifications and health records, it will be much easier for the organization to link up the nursing and administration department. But it should be noted, that currently Healthcare Information System (HIS) of the organization is only linked with Laboratory Information System (LIS). Connecting it with other operating systems would be a step-wise process. Hospital Information Management (HIM) has quite a limited role in the organization in terms of its connectivity with other operating systems such as HIS. It is thus, equally important for me to allow this department to share the number of records under the coding and nomenclature (Amatayakul). III. Virtual Assistance: It has been noted that the installation of EHR in healthcare industry has ultimately led to failures, because the hospital administration and the medical professionals were not able to get along with the newer ways of reporting medical cases. Thus, I would suggest t

Law of Intellectual Property Essay Example | Topics and Well Written Essays - 2000 words

Law of Intellectual Property - Essay Example The First step is to carry out a search in the Trade Marks Registry data base at http://www.ipo.gov.uk/tmtext or European database at http://tmview.europa.eu/tmview/welcome.html for possible prior conflicting uses of Desir or similar words already registered. The search results are furnished in the annexure 1. Among the 37 items revealed in the search results were also â€Å"Desir† and similar sounding â€Å"Desire â€Å" and â€Å"Dezir† though under different classes. Out of 45 classes of items, perfume was not found. Class 1 was Chemicals. On further search for perfume, results showed that â€Å"perfume† fell under the Nice class 3. And the similar sounding â€Å"desire† has been registered in class Nice 3. The word â€Å"desir† has been registered under Nice class 30 which is for â€Å"foodstuffs†. The question is whether â€Å"desir† is registrable under the above circumstances. There are as many as five sections in the Trade Ma rks Act 1994 under which a trade mark can be refused to be registered. Relevant section for the present purpose is section 5 which states as follows. Section 5 (1) prohibits registration of a trade mark if an identical trade mark has been already registered as goods or service. Section 5 (2) (a) prohibits registration of a trade mark if a similar trade mark has been already registered. ... Section 5 (4) prohibits registration of a trade mark if it could not be registered by any rule of law such as â€Å"law of passing off†. The last section 6 however provides for registration of an already registered trade mark if the proprietor of the earlier trade mark gives his consent to the registration (Legislation.gov.uk, 1994, p. 11). In view of the above provisions, trade mark in the name of â€Å"Desir† may be refused since the name already falls under food stuffs. A similar or identical trademark can be refused as it would cause confusion and the public are likely to mistake it for food stuff. A perfume being mistaken for foodstuff could result in disastrous consequences. Even if the owner of the existing trade mark consents, the registry may in public interest ask the applicant to make changes in the word â€Å"desir† in order to avoid possible future complications. If at all, the applicant gets the approval of the name, olfactory description of the per fume needs to be clarified. The description sought to be registered is â€Å"spice with a touch of citrus lemon†. In this connection, the case law Eden SARL v Office for Harmonisation in the Internal Market ( Trade Marks and Designs ) (OHIM) (2005) says that it can be an absolute ground for refusal if olfactory description cannot be represented graphically as per article 7 (1) (a) of Regulation (EC) No 40/94. The article states that a trade mark if not visually perceivable should at least be capable of being graphically represented by way of clear, precise, easily accessible, intelligible, ,durable, and self contained images, line, and characters. The olfactory description â€Å"smell of ripe straw berries† of the applicant in the above case not has been

FINAL LEGAL RESEARCH PAPER Essay Example | Topics and Well Written Essays - 3000 words

FINAL LEGAL RESEARCH PAPER - Essay Example Therefore, these researchers end up not publishing their information regarding varied flaws they normally find characterizing certain digital products. For instance, Dmitry Sklyarov’s arrest prompted Fred Cohen to withdraw information regarding â€Å"Forensix† software from his website claiming he was afraid of DMCA’s liability once he steps in US (Von Lohmann, 2010). Some scientists as well as researchers have expressed their fears especially when visiting US in the quest of attending varied conferences. This is because they deem US’ authorities will arrest them due to their past openness in revealing flaws that characterize certain Corporations’ products who have filed charges before without their knowledge (Von Lohmann, 2010). Hence, prompting these scientists and researchers to compel conference organizers to hold such events in other non-US states (Von Lohmann, 2010). Other researchers have decided not to reveal their findings all together in t he quest of ensuring they have maintained cordial relationship with the US. This is detrimental especially to the unsuspecting customers who may not understand exactly certain flaws that characterize most of the reputable products they have been using (Von Lohmann, 2010). a. ... nt researchers â€Å"play safe† by withholding their varied researches concerning flaws, which they have ascertained evident in some digital products, for instance, Mr. Song (who has authored varied security researches) (Von Lohmann, 2010). b. Introduction to the Problem DMCA liability has prompted numerous researchers to withdraw as well as withhold essential researches concerning flaws, which they have ascertained characterizing certain digital products. Since most of these researchers fear prosecutions and arrests once they visit US (Von Lohmann, 2010). Studies have also revealed how certain researchers especially Russian programmers to date decline attending US conferences and prefer them held in other states. This is due to the past information they have revealed concerning flaws evident in some of the most reputable products produced by US corporations for years (Von Lohmann, 2010). c. Purpose Statement This study seeks to ascertain exactly what prompts scientists and pr ogrammers decline unveiling essential information, which they have found characterizing some reputable digital products. d. Research Questions and Sub questions i. What is the impact of DMCA liability to both scientists and programmers since its inception to date? ii. What are the researchers’ views concerning DMCA liability? iii. So far, what damages has DMCA liability caused to both scientists and programmers? iv. Does the DMCA liability affect only the US’ scientists and programmers? v. What are some of the examples that indicate DMCA liability has interfered with both researchers and programmers’ legal rights? vi. Is it true researchers and other experts in this field withhold essential information fearing prosecution or barred from visiting US? e. Statement of Significance Scientists,

Journal Essay Example | Topics and Well Written Essays - 1500 words - 2

Journal - Essay Example It is my grandparents who ensured that I was best placed to learn about all manner of technology since my grandfather worked at a computer manufacturing company. As a result, I was given an early exposure to technology and I am proud to say that using my computer, I have been able to make new friends through social networks as well as ensuring that I get to share class assignments and other tasks with my friends and classmates. My grandparents have also helped me to develop a calm demeanor, which has enabled me to take part in conflict management within my community and among my friends. Journal 2 I would categorize my communication skills as being above average and this can be attributed to the fact that I was raised in an environment where one was allowed to openly express himself. Living with my grandparents, I was allowed the freedom of self-expression and this enabled me, from an early age, to develop my communication skills needed to survive in the society. The strength of my c ommunication skills has been proven through the way that I have been able to present myself in various situations, which have, to an extent, made me successful. The power of having good communication skills can be considered to be among the greatest that any human being can possess, and I can gladly count myself among these privileged individuals. It has always been my wish to speak at an important function so that I can be able to show the world how good my communication skills are. However, this has not been possible because of the fact that most of my presentations have often been in a classroom situation, or during some school functions which have enabled me to gain some experience in communicating. Journal 3 I have found that the development of good social skills is essential for effective communication because of the fact that individuals are not likely to listen to a person whose social skills are not good. Good social skills are necessary in ensuring that you have the full a ttention of those individuals who are listening to you. A person with weak social skills hardly ever keeps his listeners’ concentration for long and one will find that one’s listeners would have their attention elsewhere whenever one is talking. In fact, it is normal for one to find that he has lost all but a few of his listeners, creating a situation where the communicator loses most of the confidence that he has in himself to communicate. As a result, the presentation ends up being delivered in a way that can only be said to be weak, resulting in the ineffective delivery of the intended message. If the message being delivered is found to be ineffective by the listeners, then it is likely that it will be ignored or that it might not be put into consideration. Such a situation is likely to make the presenter in a situation where he loses all his confidence of expression. Journal 4 The most common means through which individuals tend to lose interest in a listener is of ten through the presenter’s lack of confidence when addressing his audience. It is a fact that many individuals, when presenting, do not display the confidence in what they are saying in order to impress on their audience the importance of the matter which they are discussing. This has created a situation where the listeners lose interest and they end up wanting to leave almost from the moment when the presenter begins to

The crime control methods Research Paper Example | Topics and Well Written Essays - 3000 words

The crime control methods - Research Paper Example According to the research findings since police initiated computerized crime analysis, identification of crime trends in the cities is significantly easy. Police use accuracy of computers to focus patrol resources on times and places that crime do take place. As Lawrence portrays in his work, if there is more patrol on at â€Å"hot spots† and â€Å"hot times† of criminal commotions, there would be less occurrence of crime at those places. When police have an idea of where certain criminals hood and engage in illegal drug, it would be more effective than just wandering about looking for criminals. This introduces the emergence of hot spots policing traced from improvement of computerized mapping and database technologies that deals with criminals who illegally possess guns and those involved in illegal drug business as Weisburd and Braga found. Directed patrol reduces gun crime. Indianapolis Police Department (IPD) tried out this method and results were welcoming. They a pplied directed patrol method in two police districts, which had occurrences of violent crime. These crimes included illegal possession of guns and drugs trafficking amongst many others as indicated in report done by Edmund, Steven and Alexander. Deferred sentencing refers to a sentence postponed for a certain period as a guilty drug offender undergoes probation. Shouse Law Group observes that nonviolent drug offenders benefit a lot from treatment and education as compared to jail and criminal record. This method is effective in rehabilitating the offenders. While on probation, the drug offenders undergo regular treatment and this makes them show health improvement. Instead of subjecting drug offenders to harsh treatment in jail, deferred sentencing is an alternative that proves to be more effective. Chemical Castration for Sex offenders as a Crime Control Method There are many sex offenders that exist all over the world. They include among other rapists, pedophiles and exhibitionis ts. Other offenders are individuals that molest children. Such people commit a shameful sex offence and surprisingly, the number of these individuals is enormously large. Their crime inflict fear into the general public and a real threat to them those who live in the neighborhood. Chemical castration is all about administering Depo-Provera that reduces the level of the hormone testosterone. As a result, recidivism rate falls. It is an alternative punishment to pedophiles rather than taking them to prison where they might sneak out and go scot free. Considering sex crimes that men impose on women and children, chemical castration is an ideal form of punishment even though some may complain it is a cruel mode of punishment. Student Behavior Modification Program as a Crime Control Method It is a clear fact that students involve themselves in criminal offenses of different categories. The crimes they commit portray an appalling picture of them to the general public. They become a proble m to police and a threat to vulnerable individuals who cannot tolerate any kinds of mischievous behavior. However, existence of schools where these students study is an

Budget Monitoring and Format ( Individual Project ) Research Paper

Budget Monitoring and Format ( Individual Project ) - Research Paper Example The over-expense incurred by the investment specialists would tighten the amount of idle funds left for the company to meet the short term liabilities (Handlechner, 2008). Operational Risk The Money Cares Investment Corporation would face operational risks as the funds required for its daily operations would be curtailed due to the wastage of finances by means of credit cards for obtaining marketing supplies, transportation, and hospitalities. Financial Risk The budget planned for Money Cares Investment Corporation includes the estimated expenditures and the anticipated sources of the revenue in order to generate the future cash flow and meet the future liabilities. As a result of the over-expenses incurred by the investment specialists by the use of credit cards, it would lead to the deficit in the cash flows of future, thereby, posing financial risks in terms of the shortage of liquidity. Actions for the Company to Succeed In order to create a situation for the company to succeed, there should be a sufficient control established along with the continuous monitoring for the budgetary expenses planned for the company. The budgetary allocations are series of actions involving planning, implementation, and monitoring. In order to succeed, the company should construct a system of approval for the use of credit cards by the investment specialist. The CEO and Finance department should ask the clericals of the company to undertake the official work of recording the expenses on a daily basis. The expenses to be incurred by the usage of credit cards need to have a prior approval form a responsible authority. The investment specialists are also to be held accountable for the income generated and the expenses proposed by them. Thus, a proper budgetary control and monitoring system would help the company to succeed (Husson, 2002). A tally of the records will help the company to understand what amount of limit is left to be against the budget plan. This implementation of t he budgetary control will help to prevent over-expenses of the company. Company’s Most Vulnerable Areas The most vulnerable areas of the company are the financial procedures and instruments used for the funding of the daily operations. This involves the role of the manager and the three investment specialists. The company has chosen to use credit cards in order to access funds required for transportation and hospitality of customers while having expenditures for food and drinks and marketing supplies of its solutions. The absence of a cost control mechanism supported by a lack of monitoring by the company has given a free hand to the investment specialists. The ownership of the investments by the specialists under such a process is under question. Thus, the control mechanism for monitoring the expenses of the company is the most vulnerable area of the business of Money Cares Investment Corporation. The Company’s Assets The company’s assets are the short term cas h positions held by the company which help them to service the short term liabilities. The liquidity level of the company helps them to service the expenses on credit cards and other short-term credits acquired by the company. The net current assets of the company help them to meet the cost of daily operations that include transportation costs, marketing of its solutions

Beowulf and Illiad Essay Example for Free

Beowulf and Illiad Essay Stories like Beowulf and the Iliad seem hard to believe, far-fetched, and exaggerated even though they can relate to a cultures past. Even so, both stories have great examples of fighting, victory, and glory. â€Å"Now though I may win my perfect glory†¦Ã¢â‚¬  (Line 64 Homer) This quote helps show the desire Achilles has for glory. â€Å"I’ve never known fear, as a youth I fought in endless battles. I am old, now, but I will fight again, seek fame still, if the dragon hiding in his tower dares to face me. (Line 607-611 Beowulf Poet) This quote shows Beowulf has a similar desire for fame and glory, along with the confidence to be victorious. Both relate the tales of a hero, and as we follow them, we learn about them in the process. The story of Beowulf seems too good to be true in a sense. As you read, you notice that every woman is beautiful, every warrior is good and every cause is worth risking life and limb for. What is realistic is that every human being wants to be loved and accepted while also being the hero. King Hrothgar is a fatherly example that deserves the love that Beowulf has for him. Hail, Hrothgar! My youth have been filled with glory. Now Grendel’s name has echoed in our land: Sailors have brought us stories of Herot, the best†¦When the moon hangs in skies the sun had lit, light and life fleeing together. † (Line 140-148 Beowulf Poet) This quote shows the fondness that the king and Beowulf have for each other, and it shows a comparison of light and life. In the case of Achilles in the Iliad, everything is a bit more believable. The theme of life and death is brought to the reader’s attention when Patroclus is killed. As a result, Hector is also killed because of Patroclus’s death. Achilles isn’t perfect, along with other characters such as Hector and King Agmemmon. These faults make this story more realistic and believable, while also adding truth to the story. Bad decisions are made, such as Achilles allowing his good friend, Patroclus, to enter battle and be killed. â€Å"My greatest friend is gone: Patroclus, comrade in my arms, whom I held dear above all others- dear as myself – now gone, lost; Hector cut him down, despoiled him of my own arms, massive and fine, a wonder in all man’s eyes. (Line 13-18 Homer) In this quote is an example of life and death and how it made Achilles wants revenge on Hector. This also gives Achilles a type of â€Å"power† to choose whether to take Hector’s life. Beowulf is humble, and although he has the personality of a hero more than Achilles, he does not see his own value or his own significance. Achilles, on the other hand, could not be more proud. His awareness and consideration of his own skills and his own value are an obvious difference to the humility and mildness of Beowulf. Do not attempt to keep me from the fight, though you love me; you cannot make me listen. † (Line 70 Beowulf Poet) This quote shows an example of Achilles attitude toward himself and others when it comes to a fight. This also shows how Beowulf has more good in him then Achilles. Beowulf having a personality with great goodness, makes the decision to fight the greatest evil (Grendel) with only his hands. â€Å"My hands alone shall fight for me, struggle for life against the monster God must decide who will be given to deaths cold grip. (Line 172-175 Beowulf Poet) This quote supports Beowulf’s fight against evil, and how the fight will determine life and death. Beowulf and the Iliad are stories of great heroes. They take us through their stories and battles while teaching the reader about them along the way. The Iliad is easier to believe, while Beowulf seems too good to be true. Both stories relate to the cultures past and teach us about each character. Beowulf and the Iliad battle through evil and relate to each other through life and death.

Why Chinese Mothers Are Superior Essay Example for Free

Why Chinese Mothers Are Superior Essay An analysis and interpretation of: â€Å"Why Chinese Mothers Are Superior†. An article written by the 48 years old Amy L. Chua (or è” ¡Ã§ ¾Å½Ã¥â€ž ¿ in Chinese) who was born in Champaign, Illinois. Her parents were Chinese Filipinos and that’s where she got her parenting style from. To start of with, Amy Chua asks the question that has crossed most people’s minds: â€Å" How do they do it? How does the Chinese parents produce all these â€Å"math wizzes† and â€Å"music prodigies†? Amy makes it clear that the Asian kids are not born smart (For the most part, at least) It is hard work and training from the parents that shapes the children into these wonder kids. To prove her point she lists up a number of things that her daughter were never allowed to do, such as: * Have a play date * Watch television or play computer games * Attend a school play * Complain about not in a school play And so on.. Prohibitions that seems totally unreasonable for us â€Å"westerns†, as she loosely has named us. Throughout the text she covers several perspectives on parenting, which of a few I surprisingly agree on. Most of her viewpoints I deeply disagree with though and is far from my idea about proper parenting. Each time she lists up one of her perspectives, she compares the Chinese perspective with the Western perspective. She does this in a very subjective manner I think. She is very clever rhetorically. At some parts of the text, I actually caught my self being very close to getting dragged towards her side. I found it quite amusing to feel the power of pathos, but at the same time a bit daunting. According to Amy, the main difference between Chinese parents and Western parents is the way they see their children. Western parents believe that respecting their children’s choices, their individuality and always encouraging them to pursue their true passions is the way. In contrast, Chinese parents believe that preparing their children for the future, and showing them what they are capable of, in the form of hours of repetition and very high expectations, is the way for their children to get a good life. Which in common Chinese sense means a good job, so the boy/girl can take care of their parent when they grow old. Even though Amy admits that her parenting methods may be tough at first, she insists that it will all pay off in the end, but is that entirely true? The answer to that is generally no. Of course there are some children who can handle all the pressure and failure, and will grow up to be extremely successful and confident, but the majority can’t. In fact China is nr. 6 on the â€Å"Wikipedia list of countries by suicide rate† Which means that per.100.000 people in China 22.23 people commit suicide. Compared to Denmark (Nr. 36), where the number is substantially lower at 11.9 and where the Western parenting style is the dominant. A coincidence? I do not think so. As Amy points out in her article, she does not believe in individuality and I am certain that Amy is not the only one who feels that way. There are several studies showing that not everyone handles stress identically and that is displayed in this statistic. As I stated earlier I agree on a few on her viewpoints. An example could be that â€Å"What parents understand is that nothing is fun until you’re good at it† I agree on this as well as â€Å"theres nothing better for building confidence than learning you can do something you thought you couldnt† I agree on these two quotes, but still think that her general parenting style is too strict. There is specifically one thing that she is taking away from her children that I do not get. The social aspect of a childhood. No doubt that using Amy’s techniques will lead to some academically strong children, but they will end up having a low social capital, and a big lack in social skills. Not being functional socially could end up costing them big job opportunities, because their lack of social functionality could strike them down, when for instance going to a job interview. So in the end the children might end up not getting a good job, because their parents took away their chance for developing some social skills. By that they won’t be able to take care of their parent, because they won’t be able to earn enough money. Which would mean that all those hours at home, practicing and repeating, is going to end up being wasted time, because the kid can’t take those abilities out in real life. By taking away their freedom and space for creativity you are basically turning your children into little machines. They will get extremely good at doing what they are told, but once they are asked to work something out for themselves, for instance producing a design for something, they will have no clue what to do. I am not a fan of Amy L. Chua’s methods but I do think that us ‘westerns’ could take small things from her and apply to our parenting. But as well as we can learn from her, she can definitely also learn from us. I want to finish my essay of with a quote I feel reflects my perspective on parenting very well. As Anne Frank once said: â€Å"Parents can only give good advice or put them on the right paths, but the final forming of a persons character lies in their own hands.†

Starting Up A Restaurant | Business Plan

Starting Up A Restaurant | Business Plan It is noteworthy that the keys to run a successful restaurant lies in a stable economic base in the community and demographic characteristics compatible with the intended market. A well researched feasibility is required to obtain a loan from banks or other Non baking financial institutions. The economic base of a community can be beneficial to identify the potential for success, as well as help to determine the type(s) of restaurant that might succeed. A white-collar clientele needs are different from an industrial economic base. cultural backgrounds in the community may also affect the types of food preferred and consumption patterns. The prosperity of an area affects personal income. It help to find out a society by observing and contacting residents. The following questions help to evaluate whether a community is progressive and growing or whether development has become stagnant: There should be an area to assure comfortable seating and enough of a walkway for wait staff to move among tables. The outstanding space is for food preparation, storage, and office area. The food preparation area should provide an efficient movement of food from the kitchen to the dining room. The space should be arranged with everything only a few steps away from the cook, and should also allow two or more cooks to work side by side if warranted. Inside the restaurant, a separate area is usually reserved for dish washing and trash. The room needed for prep and steam tables, oven, grill and stove top, and small refrigerator and freezer, along with the exhaust fans needed for ventilation must be adequate. big refrigerators or walk-in coolers are used to store perishable items (Entrepreneur Magazine Group 1996, p. 40). In the restaurant we need some room for the washrooms. In restaurant you need the area for disable, male , female toilets. The external appearance of the restaurant is almost as important as the inside decor. Great advertising or even the best word of mouth endorsements cannot always compensate for lack of curb appeal. If the outside shows dirty windows, a dimly lit entrance, or an offensive sign, potential customers may turn away. The outside should be clean and inviting. If parking will be provided, the estimate is one spot for every three restaurant seats, with safe convenient access. Large restaurants must provide four percent of the first 100 parking spots for persons with disabilities and two percent of any additional parking. Once the conceptual framework is determined, the outcome should be recorded and saved in a form of a written manual. This written manual is more of a general description than a detailed plan. A description of the type of menu being planned should list the types and number of items for the following categories: breakfast, lunch, sandwiches, appetizers, soups, salads, entrees, side dishes, beverages, and desserts. Apart from location and menu, one of the most important aspect of a successful restaurant is the atmosphere or ambiance. The atmosphere along with the menu, should fit the type of restaurant (quick service, mid-scale, or upscale) determined by the market study. Customers will assess the atmosphere of the restaurant by the way it makes them feel. think about the following factors in creating a desired atmosphere: An investor must do a feasibility study to estimates the cost involved and the expected returns, before starting any form of business. unluckily, not all good ideas make great businesses, or even generate a steady revenue stream. A comprehensive checklist can be prepared to determine if an idea represents a genuine opportunity for starting a new business. The checklist should includes but not limited to that who the customers will be and where the business will be located. Restaurant are no dissimilar than other businesses in this respect. The idea or type of restaurant and the market the owner is trying to reach are often the first and main considerations. If a specific cultural food will be served, then the exact location and market must be evaluated. In order to have a footing in the market we have to analyze our long term opportunities and strengths. It can be done with a concept of total quality management with continuous improvement in the foods quality and sales by targeting the right market mix and segments. One important aspect is to understand the behaviour of the business market and types of the competitors in this sector. This can be attained by gathering information about the major players (who had captured the market) so that to identify their moves, strategies, strength and weaknesses. As the economy of the UK is hit hard by the financial crisis, the setting up a new business is challenging task; this means that areas and sectors like education, tourism and Industry will witness a large scale decline in the coming years. The current scenario required the government spending in some big projects like infrastructure, healthcare and education that in return can revive the economy and increase the demand of new business within the country. Researching and selecting Target Markets: We as a restaurant operator have to adopt a policy that is directed toward identifying the market size and potential in terms of demands related to the multi ethnic group within the regions. This means, that we have to target different community using a standard food Menu that can attract the customers accordingly. Next, we have to make decisions on types of Ethnic group that we should focus on by subdividing the market sector into smaller segments and assessing each one separately. Selection of the market segment is very important for positioning product. In our case it is advisable to target and select few niche markets comprising certain African and Asian ethnic groups within med-level salary ranges. The challenge would be providing them with the reasonable standard food with nice atmosphere at competitive rates. Designing Strategies and positioning our product: Once we have decided about the target market then the next step will be designing the strategies that match our long term objectives and goals. For this we can develop and deploy differentiation and positioning strategy. This can be done by providing a product that is different in term of quality and strength so as to capture the eye of the customers. After that we should position our product for middle niche market between large to medium level society. During this phase we have to consider that challenging market leaders in the very beginning would be difficult but we can exert extra efforts to be the market challenger or else become a market follower which is a strategy that fits us well during the initial stages of our operations. Planning Marketing programme After designing strategies we need to transform our strategies into programmes. This could be accomplished by making decisions on marketing expenditures, marketing mix and marketing allocation. As an entity we have to divide the marketing budget into the following elements of the market mix namely: Our product: We have to introduce our product with some differentiation and improved quality by acquiring good recipes, as well as, employing quality chef who can prepare quality food, allowing us differentiating our products from market. It is the product that needs to be marketed with due diligence so as to make the market feel your presence. And also tried to bring a new kind of recipe which is not available in the market before because that will make a plus point in your products and in your reputation. Price of the product: The Price of the product also plays some important role in its sales. At present, tough competition exists demanding the restaurant to sell their product at the right price. To price the product, initially one can consider quality and cost of production and companys mark up. Price valuation procedures like target pricing can be used to reach a point for price determination. In addition, to that idea of the market price for that product is also essential because one cannot set a price beyond the market norms unless that product is exceptional either in its quality or availability. Promotion: Promotion is vital tool for any product to promote our restaurant and its products (food items). The promotional mix / tools that could utilized may include: à ¢Ã¢â€š ¬Ã‚ ¢ Television à ¢Ã¢â€š ¬Ã‚ ¢ Radio à ¢Ã¢â€š ¬Ã‚ ¢ Newspaper à ¢Ã¢â€š ¬Ã‚ ¢ Magazines à ¢Ã¢â€š ¬Ã‚ ¢ Direct mail à ¢Ã¢â€š ¬Ã‚ ¢ Yellow Pages à ¢Ã¢â€š ¬Ã‚ ¢ Public transportation à ¢Ã¢â€š ¬Ã‚ ¢ Billboards à ¢Ã¢â€š ¬Ã‚ ¢ Internet home page à ¢Ã¢â€š ¬Ã‚ ¢ Free-net in community à ¢Ã¢â€š ¬Ã‚ ¢ Chamber of Commerce à ¢Ã¢â€š ¬Ã‚ ¢ Visitors Bureau à ¢Ã¢â€š ¬Ã‚ ¢ Convention Bureau à ¢Ã¢â€š ¬Ã‚ ¢ Supporting non profit organizations à ¢Ã¢â€š ¬Ã‚ ¢ Free press (if available in the community) à ¢Ã¢â€š ¬Ã‚ ¢ Community involvement Advertising: since it is a perishable item, due care is essential to market it using printed media that tend to be one of the reliable advertising tool. Sales force: for the same reasons above this promotional tool becomes very efficient effective. Delivery places (on time and at right place) Special Offers (like discount for parties and bulk Purchases etc.) Offering birthdays parties in your hotels so families can come and enjoy in restaurant decorate your restaurant for them and offer some kinds of kids boxes to the kids which can help in promotion of your restaurant. Organizing and implementing marketing programmes. It would be very cost effective to have the marketing philosophy built in and adopted by all working staff and employee at all levels. The marketing philosophy should be the primary component of the firms organizational culture to be reflected in firms and workers daily practices and performance. At higher levels the founders/ partners have large and more responsible role to play as they would be expected to market the firm among identified clients based on their relations the market. Monitoring the market process is the crucial activity where it will be needed to trace and find whether or not the programme is being executed correctly this includes controlling the expenses to ensure cost effectiveness as well as to ensure the execution of the programme is in line with the firms long term objectives. Suggestions for Success The customers perception of the restaurants concept is an important factor in success. Once the restaurant is open, quality feedback from customers is important. Does the concept need adjustment? Observe and talk with customers. What does the wait staff overhear? Are their tips good? Are certain menu items ordered more often than others? What menu items are left on the plate? Are the portions too large or too small? Consider carefully how the market you have created reacts to your concept. Repeat customers and word of mouth endorsements are priceless. The SBDC web site (http://www.commerce.state.il.us) provides the following list of 15 reasons why businesses fail: 1. Lack of experience 2. Lack of capital 3. Poor locations 4. Inventory 5. Equipment 6. Poor credit practices 7. Personal expenses 8. Premature expansion 9. Bad attitude 10. Too many expenses 11. Poor collections 12. Low sales 13. Inventory mismanagement 14. Competition 15. Crime Motivation for tourism: Push-pull factors Motivation for tourism: Push-pull factors Introduction The tourism industry is considered one of the largest and fastest growing industries in the world (Ninemeier Perdue, 2008; Cooper Hall, 2008). In the past few years many people have been travelling around the world for leisure, business and migratory purposes. Each individual traveler has different motive based on their needs, culture and lifestyle. A person needs give rise to motivations that forces them to act or behave in a specific way to satisfy the needs. Motivations are driven by the different force of push and pull factors that revolve around an individual which will reflect in both travel decision and behaviour. Therefore, it is important to understand the behavior of tourists, their backgrounds and what motivates them to travel as all ‘leisure involves a temporary escape of some kind’ (Leiper 1984: 249). The topic of this paper is based on trip in Langkawi and further understanding of what motivates the tourist to travel overseas and what sort of temporary es cape are they intending to find here on this island. The trip Based on recommendations by friends, a 4 day trip to Langkawi (LGK) was an ideal place to have a weekend getaway and enjoy the slow paced beach life. It was also a trip of escaping reality and in search of inspirations. Yet, while observing the local people here, there is more to this than just escaping reality and the slow paced life. Actually many of the locals have travelled here for holidays and vacations but ended up extending their stay for many months, some even love the life here so much that they became part of the local people and took up jobs in bars and opening up small businesses. It was the first time staying in a guesthouse and it felt like the whole atmosphere brought in by the friendly people helps open a person’s character and that atmosphere of good vibes seems to grow even more by mingling with people from different parts of the world, hearing their stories and gaining exposure of different lifestyles and culture. When travelling alone, one also gets to und erstand the importance of being alert to the surroundings in a foreign land especially when one does not speak the common tongue; it also helps that person to be independent by looking out for himself, adapting and abiding to different cultures, managing the money wisely and having clarity in life as one tends to drift into their own thoughts easily when not distracted by the daily routines. Lit review Getting away from the mundane life of the city or their hometown has always been in the minds of many people. Crompton (1979; 416) noted that the desire to ‘escape from a perceived mundane environment’ became a major motive of inducing tourist vacation behaviour. Escapism is described as a push factor, which refers to factors that predispose an individual to travel (Dann, 1977). In contrast to Riley (1988: 317), when an opportunity presents itself, people tend to be attracted to exotic places like an island where the beach helps them to relax and rejuvenate and have a temporary escape from the dullness and monotony of their everyday routine. ‘A certain picture is built up of a world that marks an escape from present reality an environment for acting out psychic needs, and the playing of certain roles that cannot be fulfilled at home, and it is this which forms part and parcel of tourists’ motivations’ (Dann, 1976: 22). So when a destination attraction consists of those elements of a â€Å"non-home† place, people are more motivated to travel there or even extend their stay. According to Backman et al. (1995) motivations are associated with individual basic needs for participating in activities that associate with their personal goals, being influence by their friends/family members or due to the change of weather. For instance, Westerners love travelling to Asia because of the exotic feeling, discovery of ancient history and warm weather. The need to see the unseen and know the unknown drives people to travel to new places and motivates them to visit new destinations (Venkatesh, 2006). But March Woodside (2005) also states that tourists are subjected to certain behaviour before, during and after travelling. These travel behaviours are mostly influence by external and internal factors. These could be explained using the Push-Pull motivation theory. Push factors are socio-psychological motivations that predispose, while the pull factors are those that attract a person to a specific destination when the decision to travel has been made (Oh et al., 1995). (Mehmetoglu, 2011) The ‘need’ to see things are the pull factors, Mehmetoglu’s model shows that these factors influence the tourist mindset of travelling. For instance, Image could be due to the sharing of photos through facebook and other social media platforms, Culture, for example Westerners at the age of 16 tends to be independent and they usually go on road trips after their collage and Price could be discounts given by accommodations or air flights at a particular destination. While the push factors are influenced by the socio-psychological mindset of that person. For example, the need to socialize or escape from their comfort zone pushes them to search for a better environment. Both of these factors lead to the length of stay for the tourist and it is controlled by ‘Control Variables’ which reflects on each individual tourist culture and background which not only determine the length of stay but also the destination. The control variables could also make tourist migrate to another country. Before the concept of migrating appear in a persons’ mind, the person has planned on a destination to escape from the reality of his/her hometown, travelling to places to relax. After being satisfied with the current place, the external and psychological factors such as better economic/social opportunities, safer environment for building a family, slower paced lifestyle and realization of their spirituality plays a part in concluding the migration or longer stay of the tourist. Methodology The research method for this essay would be considered qualitative because learning more about the culture and lifestyle of the locals requires more time, more analytical data of the surroundings and time. Therefore, the methodology for this research paper is based on observation and interaction with the local people. These observations and interactions were compared with the local people and some of the few tourists who came to stay for a short period of time. Taking down notes during observations will help to determine what happened and at the same time triggering an answer to any research question during data analysis (Bogdan Biklen, 2007; Pitney Parker, 2009). Data Analysis Findings While walking around the beach and streets of LGK, I manage to talk and find out that many of the locals were actually tourist before when travelling here for leisure but most of them ended up staying here as residents. Most of them came from Penang, Germany, KL, Thailand and even Brazil. Mostly, due to the slow paced lifestyle and their love for the beach, and better and nicer work environment which made them decide that they want to live here. I even talk to some of the tourists who travelled here for a few days ended up extending their stay for another day or so cause of the new friends they made. Discussion In order to predict travel behaviour it is important to understand how individual characteristics of a person interact with the characteristics of the situation, therefore understanding the positive and negative evaluative factors influencing destination choices of the tourists (March Woodside, 2006; Laws, 1995; Holloway, 2004). Using this guy called ‘Captain’ as an example, he says before coming to work here in LGK, he was a Malaysian who works as a security guard and he did not like the environment there and his salary could not justify his work. Back then he was eager for a getaway, a temporary escape of some kind. So travelling to places nearby like LGK would be a good idea as it is affordable, easy to distress and communicating with the locals is easy. (Pearce, 2005; Pearce Lee, 2005) came up with 14 core factors that describe travel motivation; they were built on items of interest from a rich array of previous studies and identified across the two large internati onal samples. The defining forces were in order of importance, novelty, escape/relax, relationship strengthening, autonomy, seeking nature, self development through involvement with hosts or the site, stimulation, self-development of a personal kind, relationship security (enjoying being with similar others), self-actualisation (getting a new life perspective), isolation, nostalgia, romance and recognition (prestige of travelling). (Pearce, 2005) Using the model above, the Travel Career Patterns (TCP) concept shows that tourists in the Core motive are unchanging because these standard and important motives are the common motivations that push people like ‘Captain’ who travel to LGK for temporary escape to just relax and bond with friends and family. Eventually, ‘Captain’ TCP developed into the Middle layer as he is satisfied with the environment that he is in and ended up building more bonds with the locals and gaining self actualisation and self enhancement by setting up a private inn business catering to backpackers and tourists. Some individuals like ‘Captain’ were push by escaping their life due to the political environment and individual background. Backing Pearce’s TCP model concept; McIntosh, Geoldner and Ritchie (1995) provides a deeper analysis of travel motives. Source: Yeong, Eves Scarles, (2004) Using the above table, McIntosh, Geoldner and Ritchie derived with 4 categories which travel motivators can be classified into. Physical motivators’ factors are those that push the individual to travel for his/her own purpose such as fulfilling a thrill of adventure, getting away from the hectic life and seeking a stress free environment. Cultural motivators are people who want to visit their heritage, ancestral site or travel to pilgrims in search for their faith to discover more about their religion. The third category, interpersonal motivators is about travelling with friends/family or a love one to build greater relationship and experience the destination together. Lastly, Status and Prestige are motivators that people travel for status, ego enhancement it is possibility due to an opportunity given to travel in a more prestige way and to impress their neighbours. Relating McIntosh, Goeldner and Ritchie’s theory and to Mehmetoglu’s model of push and pull factors. 2 siblings from Penang who work at a reggae bar along the street came here for leisure purposes. The brother is a cyclist who actively cycles with his group of friends around Malaysia twice every month. As what he said, it was a way of freeing his mind from his daily routines and his friends suggested going to LGK for a cycling session, group-based behaviour is a modification of individual behaviour, which makes individuals engage in activities they may not have done otherwise (Marcevova, 2011). Later on, he enjoyed living the island life and decided to carry on staying here and eventually, his sister and some of his friends came to LGK to stay and make a living here. Both the siblings and their friends decision was mostly based on social influence decision making and the pull factors of the destination. The political model of decision-making (Pettigrew, 1973; Pfeffer, 1 981) is an example of an adaptive form of decision-making, recognising the fact that most decisions are not individual but made in the context of groups, which means even backpackers or solo travellers make their decision based on recommendations, travel sites, stories based on past experience; all these are based on the context of group information and ideas that push them to travel. Social influences are processes which individuals adjust their feelings and behaviours towards someone who are perceived to be similar, desirable, or an expert in that discussion. Conclusion In conclusion, tourist motivation is seen as a multidimensional concept that explains tourist decision (McCabe, 2000) and each individual behaviours set different motivation of travelling due to different cultural background, country that they come from and the push and pull factors that influence them. In the modern world, technology is advancing such as social media being an intermediary to show people what the place has to offer and it needs to be considered as a factor of motivation. The destination that attracts the tourist plays an important role as well because the personal motives (push motives) and the view of the characteristics of the tourism destination (pull motives) determine perceptions (Bashar Aref Al-Haj, 2010) which could make tourists extend their stay or even bring in more people.

Abortion :: essays research papers

Abortion The loss of a fetus before it is able to live outside the womb is called abortion. When abortion occurs spontaneously, it is often called a miscarriage. Abortion can also be intentionally caused, or induced. Induced abortion is regarded as a moral issue in some cultures. In others it is seen as an acceptable way to end unplanned pregnancy. Abortion is a relatively simple and safe procedure when done by trained medical workers during the first three months (first trimester) of pregnancy. Abortion is less safe when performed after the 13th week of pregnancy. Before the right of a woman to obtain an abortion was affirmed by the United States Supreme Court in the 1973 ruling on Roe vs. Wade, many abortions were performed illegally and in unskilled ways. This caused the deaths of many women from infection and bleeding. It also caused much sterility, or the permanent inability to have a child. The usual surgical technique of abortion during the first trimester is to insert a metal or plastic tubeinto the uterus through its opening, the cervix. A spoonlike instrument at the end of the tube is used to gently scrape the walls of the uterus. A suction machine at the other end of the tube removes the contents from the uterus. This procedure is called vacuum aspiration and is done primarily in a medical clinic or doctor's office using a local anesthetic for the cervix. During the second trimester, abortions are usually done by means of dilation and evacuation. This procedure uses forceps, curette, and vacuum aspiration. Although rarely sought, third-trimester abortions may be performed when the fetus has severe genetic defects or because continuing the pregnancy would be a threat to the woman's health. A controversy began in 1988 over a drug, developed in France, called RU 486, which, when taken during the first 7 weeks of pregnancy, causes the embryo to become detached from the uterus. The drug was reported to be safer and less expensive than surgical abortion. Antiabortion groups in France succeeded in temporarily halting the sale of the drug, although the government later ordered it to be made available. The use of RU 486 was supported by family- planning agencies in the United States, France, and elsewhere and by the World Health Organization and the World Congress of Gynecology and Obstetrics. The long-term effects of RU 486 on women's health were unknown. Abortion as a way to end unplanned pregnancy is practiced in many countries. In Europe by 1992 only Ireland had a complete ban on abortion. In the United States the legality

Kurt Vonnegut :: essays research papers

Here is some info on Kurt Vonnegut. Kurt Vonnegut was born in Indianapolis, Indiana on November 11, 1922. After attending Cornell University from 1941-43 Vonnegut served in World War II and was captured during the Battle of the Bulge. As a prisoner of war, he survived the fire bombing of Dresden by Allied forces on 13 February, 1945 in an underground meat-storage cellar. When he emerged the next morning, Vonnegut was put to work pulling corpses from the ruins of the desolated city once known as "the Venice of the North." In one night the horrific fire-bombing of Dresden killed more people than the atomic bombings of Hiroshima and Nagasaki combined, more than 135,000 in all. Vonnegut's first-hand experiences of this, one of the darkest episodes in human history, would later provide the basis for his most influential work, Slaughterhouse Five (1969), though it would take him more than twenty years to come to terms with his wartime experiences and complete the novel. After returning from the war Vonnegut attended the University of Chicago as a graduate student in anthropology. In 1947 he moved to Schenectady, New York, where he began to work on his first novel, Player Piano (1952), as well as a number of remarkably varied stories that would appear throughout the next decade in such magazines as Collier's, Playboy, Esquire and Cosmopolitan. The story starts off with Kurt reminiscing about the pass and how he wrote this book. The main character is Billy. Billy is born in 1922 in Ileum, New York. He grows into a weak and awkward young man, studying briefly at the Ileum School of Optometry briefly before he is drafted. After minimal training, he sent to Europe right in the middle of the Battle of the Bulge. He is captured behind German lines. That is where this story mostly takes place then there’s his wife who he meets later her name is Valencia. I chose this book well honestly I didn’t know what to read and this is what Mr. S suggested so I thought it would be good, but it just isn’t my type of book. Billy is the main Character I already talked about him in last paragraph, so you can just look there for more info on him. Kurt Vonnegut: The novelist inserts himself in the sections of Chapters One and Ten that frame Billy Pilgrim's story.

Key Elements of Good Writing Style :: Writing Style Styles Essays

Key Elements of Good Writing Style After reading William Strunk Jr. and E.B. White’s The Elements of Style and Joseph M. Williams’ Style: Beyond Clarity and Grace, participating in hours of classroom discussion, and writing five short essays on the topic, I’m struck by the complexity of evaluating â€Å"writing style†. But I don’t know why I should be amazed. Borne from the elaborate human thought process, we instinctively dress up our writing in thrift-store duds or Fifth Avenue couture. Writing styles express our individuality; they are our language fingerprints – the writer’s identity is exposed, and no two styles are exactly alike. However, the texts argue that a writing style isn’t unchangeable; inherent or learned tendencies can be modified to become â€Å"good† writing style. Developing an unambiguous definition of good writing style has been challenging. I have one sense that good style can only be defined by a reader. A case of ‘you know it when you see it’: â€Å"Now that’s good style.† On the other hand, the texts clearly show that good writing style can be defined by the writer – through a rule-laden, detailed writing-construction process. With conscious effort, apparently I can choose to write in a good or bad writing style. So maybe the secret to good writing style requires the assumption of a split personality, to simultaneously assume the personas of both an imagined external audience and a writer of succinct, powerful prose. Considering both the audience and the writer, I’ve summarized five significant components of good writing style culled from the Strunk and White’s and Williams’ texts to assist a writer in achieving good style: Flow, Flow, Flow Your Boat: Organize Your Writing The first thing I did to write this essay was to map out a logical path to follow by creating the title and headings. Organizing a writing project is comparable to efficiently organizing your day: figure out what needs to be accomplished and prioritize. Without structure and forward thinking, you’re not likely to accomplish all your goals, and you might leave people unsatisfied along the way. Similarly, satisfying writing logically weaves topics and themes in a meaningful forward progression, within sentences, paragraphs and documents, to move the reader from beginning to end (Williams 82, 83). Key Elements of Good Writing Style :: Writing Style Styles Essays Key Elements of Good Writing Style After reading William Strunk Jr. and E.B. White’s The Elements of Style and Joseph M. Williams’ Style: Beyond Clarity and Grace, participating in hours of classroom discussion, and writing five short essays on the topic, I’m struck by the complexity of evaluating â€Å"writing style†. But I don’t know why I should be amazed. Borne from the elaborate human thought process, we instinctively dress up our writing in thrift-store duds or Fifth Avenue couture. Writing styles express our individuality; they are our language fingerprints – the writer’s identity is exposed, and no two styles are exactly alike. However, the texts argue that a writing style isn’t unchangeable; inherent or learned tendencies can be modified to become â€Å"good† writing style. Developing an unambiguous definition of good writing style has been challenging. I have one sense that good style can only be defined by a reader. A case of ‘you know it when you see it’: â€Å"Now that’s good style.† On the other hand, the texts clearly show that good writing style can be defined by the writer – through a rule-laden, detailed writing-construction process. With conscious effort, apparently I can choose to write in a good or bad writing style. So maybe the secret to good writing style requires the assumption of a split personality, to simultaneously assume the personas of both an imagined external audience and a writer of succinct, powerful prose. Considering both the audience and the writer, I’ve summarized five significant components of good writing style culled from the Strunk and White’s and Williams’ texts to assist a writer in achieving good style: Flow, Flow, Flow Your Boat: Organize Your Writing The first thing I did to write this essay was to map out a logical path to follow by creating the title and headings. Organizing a writing project is comparable to efficiently organizing your day: figure out what needs to be accomplished and prioritize. Without structure and forward thinking, you’re not likely to accomplish all your goals, and you might leave people unsatisfied along the way. Similarly, satisfying writing logically weaves topics and themes in a meaningful forward progression, within sentences, paragraphs and documents, to move the reader from beginning to end (Williams 82, 83).

Full Metal Jacket (1987) Essay

The Film: Pro-War or Anti-War? A question as to the war sentiments of this film can be most accurately answered through an analysis of Private Joker.   As his nickname suggests, the young marine is glib; using his sharp wit, average John Wayne interpretations, sense of irony and his readily apparent above-average intelligence to keep himself detached from the training and the Vietnam War.   It is as if he knows the futility of his actions, covers the meaninglessness of it all by going through the motions and yet uses his humor as a defense mechanism.   His message is clear:   It means nothing to me but I do it anyway. Hence, in answer to the question of whether the film is pro or anti war, I would have to say neither.   It does acknowledge both sides of story.   Its general message is not to preach, merely to tell a story or a situation like it is.   An illustration of this is how Private Joker wears a hat with the message ‘Born to Kill’ on it and at the same time sports a peace sign on his marine uniform.    In fact Private Joker himself put a name to the vacuum of opinion he (or man in general) is in:   the duality of man.   This philosophical concept, while very Jung-ishly technical is another way (at least in the film’s context) of putting confusion and hypocrisy.   It speaks of an inner battle being waged inside a man’s soul; not necessarily about good or evil, right or wrong†¦but more about belief. What is exactly that you believe in? Another illustration of this so-called duality is seen during the hazing of Gomer Pyle.   Once again the inner battle of Private Joker can be used as an anchor of this concept.   Initially, he hesitated in throwing the poor man a blow with his makeshift weapon.   In the end, however, he did land a few good hits.   The inner struggle can be seen later on when Joker covers his ears to drown our Pyle’s cries.   If Joker had been fully comfortable from the beginning with the physical hazing, I doubt that he would have bothered to cover his ears.   This just goes to show how one’s soul gets racked when one does something that half of him disapproves of. Portrayal of War What sets the film apart from other war movies is that it has a lot less drama.   There are no heart-wrenching one-liners.   It painted the circumstances of the war without the usual dramatic coatings that tug at one’s tear ducts.   On the other hand, it did not paint war either as fiercely brutal.   Like what I mentioned earlier, war was painted it like it was.   In that sense, one can say that the portrayal of war in this film is realistic.   It must be said however that if one has not experienced war first-hand, one can never really know what it is like. And even with that, each war is different.   Hence, all I can offer is my perception of the war that was portrayed in the film. War, with its shallow characteristics were equally portrayed along with the intricacies that usually accompany loss, brotherhood, bloodshed and self-realization.   One the one hand, Kubrick masterfully conveyed the message that war, from a soldier’s perspective, is merely about the survival, detached from the political machinations that caused it in the first place. Justifiable War   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In my opinion, the film does not touch upon issues of morality.   It makes no judgment calls.   What it does is bring all the ingredients of war into the mix and calls for the viewers to come up with their own conclusion.   There is, at least in my view, no hard and fast message about the justifiability of war that can be easily gleaned from this film.   Therefore, in answer to this question of whether or not the film viewed war as justifiable, one must look into each character. If one pegs the answer to the character of Animal Mother, war is justifiable—as long as one is the victor.   His character is of the opinion that war is the ultimate means to display one’s superior strength.   On the other hand, the character of Eightball pointed out that the Americans were in Vietnam to help the locals.   He was very miffed about the fact that the supposed beneficiaries of their aid were very ungrateful of it.   Therefore, through this perspective, it can be said that war can be justified if the cause is rooted in good intentions. Relationships among the characters   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Like all war movies, the concept of brotherhood plays a central role.   The ties of brotherhood were bound by the most powerful forces on earth: hardship, pain, loss and bloodshed.   It is amusing to note however, that even in the midst of war there were competitions being waged on the same side.   Although some of the competitions were outright obvious (i.e. Animal Mother and his Alpha-Male swagger towards Private Joker), others were less evident.   This highlighted one more characteristic of war.   While it is essentially about winning over the enemy, it is also about besting the rest of your team.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   There is also the idea that one person is responsible for the next one.   Like most other responsibilities in life, this may not be a great gift but it must still be done.   Semper Fidelis (Always Faithful) says it all.   It speaks of a responsibility one man to another no matter the cost.   The burden is not always welcomed, like with Private Joker and Rafterman, but it is always there. The enemy   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   From the viewing of the film, I walked away with two concepts of the ‘Enemy’.   During their training days, I was of the conclusion that the enemy (as a general concept) was on some level respected.   This can be seen in the Marine’s Prayer when they recite that a line about shooting straight and narrow against the enemy.   The general idea is that while the enemy might be good, a Marine is always better.   However, there is still a begrudging respect accorded.   This respect to the potential abilities of the enemy is obvious from how hard the Marines train for combat.   Nothing is left to chance.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   However, during the war portions of the movie, I got the feeling that the soldiers overly relied on the idea that American Marines are the best that they underestimated the enemy.   It was amazing how they still displayed shock over the Tet Offensive.   It was of course masterful on the part of the Vietnamese fighters to lull the Americans into the false sense of security.   However, the Americans should have known better.   They completely underestimated their opponents and paid handsomely for the mistake. Reinforcing stereotypes   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In my opinion, the film mainly reinforces the stereotypes of machismo and women.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The stereotypes of the macho man, valued only for his brute strength is to a certain extent unavoidable—Full Metal Jacket is a war movie after all.   The stereotype of the soldier is reinforced as well: the image of an un-thinking, un-feeling killing machine that does not weigh any moral or ethical issues, believing only the sanctity of the command.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The role of women is viewed through a narrow lens as well.   There are only 2 women that make an appearance in the film:   a prostitute and a sniper.   The idea of Ann Margret, although she never made an appearance, can also be considered as a third role of women. The obvious implications of these three roles are far-reaching and will take more than 10 pages to fully discuss in detail.   However, it is quite obvious that the film also reflects the belief of the times that women, despite the many advances for the cause, could be viewed as either a prostitute, a treacherous killer or an object of sexual desire. Meaning to the wartime experience   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The first half of the film shows the harsh indoctrination of boys into angry, killing Marines.   The severe methods employed by the group’s drill sergeant left no room for innocence and self-assurance to survive.   These marines, although it was their training that hardened them, one can say that it was the war that wizened, matured them.   This can be clearly seen as we see how the central character (the narrator of sorts), Private Joker progresses during the film.

Takem’s Appliances and Electronics

LLCAuthor Ashraf Bani DomiFebruary 16, 2018ACCT 511 Advanced headache well-grounded philosophy for AccountantsProfessor Dean Poirierindecorum UniversityAbstr playactI would like to crap in my research paper and point break the rightfulness and the logicality of the sustain that replicationms Appliances and Electronics LLC. use to sell their electronics as he had this raw(a) intellection of merchandising them door-to-door which was a success and that lead to fool receipts of this success by increasing his prices to 30% more than than if he delivers them to the nodes house. Also, I provide explain the honorable consequences that the procedure Takem use in the region he lived in.Also, explaining the kernel of breach of the concentrate and what constitutes the lowest requirements in search of remedies in these kinds of mickle. And for the gross gross revenue to be permissible, they must encounter e truly heavens of the legal criteria. Also, Takem must strand h onourable accountability that bear a counsels place under the sociable responsibility to the sm altogether(a) community he lives in.The legal discipline of Sally pedestrian vs. Takems Appliances and Electronics, LLC contribute be analyzed and investigated regarding endure if the conclusion of this case is it legal, is it moral/ethical? IntroductionThe world of commerce and close blood line relationships atomic number 18 initiated on a iron out. taking into custody of contract impartiality is crucial for all bloodpeople, owners, and managers. Since most commercial recordings are constructed on contractual relationships.A decent introductory point would be an empirical explanation of a contract. Contracts include more than an arrangement or an agreement among devil or more comp matchlessnt parties. A contract is a promise or a set of promises for the breach of which the law gives a remedy, or the per social classance of which the law in close to way recognizes as a duty (Restatement (Second) of contract chapter 1 nitty-gritty of the term).The contract dope be exactly described as a unforced exchange of promises, creating obligations that, if defaulted on or failed to earnings, send away be enforced and remedied by the motor inns.It is dogmatic that we understand as when agreeing to equipment casualty of a contract, entities are created and defining their particular rules and obligations. This differs from early(a) domain of a functions of the law, such as torts, w here rules and obligations are compel on them.Furthermore, a valid contract can create a federal agency in which parties to the contract can predict, with some certainty, their upcoming relationship be father each fellowship knows that the taps impart hold them to their agreement.Despite the occurrence royal coquets go away enforce a valid contract after it has been created, what the parties agree to in the premiere place in comm wholly unrestricted. Mr. Tak ems origin Model is it Legal?When we take apart contract law, the focus is plebeianly on the problems that can arise. It whitethorn on that pointfore is litigate that most contractual relationship experiences complications. In fact, most contracts are privileged or resolved to the mutual satisfaction of the parties, and the courts break elaborate in a slim sleep with up of contractual agreements, when an unfeasible trash arises.Hence, addressing our case study in this shed we withdraw to outline some introductory terminology that we discussed above and trying to rehearse it to our lymph node, named Takems Appliances and Electronics, LLC. Takems Appliances and Electronics, LLC owned and operated by Tommy Takem. Tommy Takem owns Takems Appliances and Electronics, LLC that participates in what cleverness give the impression to some to be a very profitable pedigree.However, we need to read through the surrounding slew and the case scenario to master and nominate ou r invitee what are the shell avocation come he could proceed with his production line, and whether we agree with his billet practices or non, our constrain her in this case is to provide a legal command in this section and then allow see how to evaluate, and explain to him the legal consequences as well as his potentials, nevertheless from the scratch line glance and the studying we can see that most of our guest Mr. Takem and his line of furrow activities obeying to law, tho still need to be examined, and also we to talk most some ethical motive practice that could prime un runed results. Which is something we will c all over in more expand later, in our case study.Takems business (Takems Appliances and Electronics, LLC) is placed in a rural area of southwestern Virginia, and the majority of its customers are poorer residents of the Appalachian regions of Virginia, Tennessee, Kentucky, and West Virginia. According to our case, Sally footer vs. Takems Appliances an d Electronics, LLC, our lymph gland, Tommy Takem. interested in concentrate his business around these rural areas because due to several(predicate) reasons, there isnt much competition for his business which was an prospect for his business.But the disadvantage was, most of the people who lived in these areas were relationly unskilled enough to understand, poor credit, unsophisticated, and opposite reasons. Moreover, there was a pick out for appliances and electronics. And because there werent m all an(prenominal) appliances stores around those areas, people needed to purchase them. Tommy took advantage of that and extendd his prices between 10-20%. This subroutine adapted by our client is railroad siding the precise importation of the contractual law.Tommys business has been doing so well after the increase in the prices. Tommy newly came up with an idea for expanding his business. He finalised to begin selling his appliances and electronics door-to-door in the above -described regions. Until recently, it had been working great. He hired some great salespeople who sincerely know how to apply the pressure and invert up the heat. Further, since he is providing a portion to these societies by transporting the goods to their homes, he saddles closely 30% more than he would if the customers came to the store. Apparently, the salespeople do non mention this fact to the customers.Lately, Tommy true a earn from a disgruntled customer named Sally Walker (an elderly leave behind lady who lives al whiz in the hills of Southwest Virginiaher children and grandchildren defend all moved out of the area.) She has fallen behind on her payments on her new laptop data processor, and Tommy had started collection efforts. He had not yet referred it to a lawyer.The earn is very well written (which would be unexpected since Sally is not very well educated.) It indicates that her granddaughter, who recently graduated with an MS in Accounting from Liberty Un iversity Online helped her with it. It argues that the correct deal is conscienceless and therefore unenforceable.Moreover, the earn emphasizes that Sally has paid enough for the computing device that she purchased and will not pay some(prenominal) more.Finally, the letter indicates that if Tommy pushes the matter more, Sally threatens to sue for retributory damages and write earn to the editors of various local papers throughout the region to ruin his written report. As we can see from the above surrounding circumstances and from the description of the contract, our client has been operating with the respect in accordance with the law and legality in most of his business transaction, as general roles, The foundations of Corporate Governance demand that organizational practice follows the legal requirements.In current snips, news reviews of industry wrongdoings have forged uncertainty on the stinker line that submission is definitely the far-flung procedure. (Rea content ionic Hypothetical Legal Scenarios Business Law for Accountants, 2013) patronage the allegation letter from Ms. Walker, and despite the ethical give regarding the enhancer in the new adapted policy and increase of 30% on the delivered items in this section, just there is however still an ejection to the legality of the later menti singled of the 30% this should be communicated to the other partiers of the contract.Whether the Argument in the letter has any Merit?In response to a letter recently received which was written by Sally Walkers granddaughter of one of his customer, from lawyer outdoor stage of view, the indication of Sallys letter concerning and arguing the unconscionable act of our client (Takems Appliances and Electronics, LLC) by excessively charging their customers. In analyzing the spring there could thee potential legal obligations first one, if Ms. Walker is right enough about bringing this case to the court, the court may look upon the contract from the un conscionability part of it, spot court applies this point very scarcely, barely still feasible defense to the complainant side due to Ms. Walker designates.The sanction one is that Ms. Walker could recall for the vindicatory damage claim, as explained below.The third one is regarding the undisclosed charges for the delivery services.Typically, court will enforce a valid contract after it has been formed, In deciding the validity of consideration, courts will not look to the amount or type of considerations or the relative bargaining power of the parties (except in the rarefied case of a contract so burdensome on one political party as to indicate unconscionability) (ABLA, 2017).My concern here is to provide my client with a rational and accurate sound legal standpoint and preventing him from a further and a coming(prenominal) day legal consequence. On the other hand, when Ms. Walkers title that the installment and the amount she has paid for the computer so far, is enou gh, I see this all was agreed upon before forming the agreement with her.Obviously, I would advise that each one of us should read and go through any kind of contract in a way that can clear and ask out any obscure completely, read through your paper one two or whatsoever, moreover, always seek for an expertise advise in most of your relationship areas, and fulfil yourself of being an unexpected position.Should he Take the Threats Seriously?As react with maintenance in determining whether my client should take Ms. Walkers letter in a in effect(p) manner because we are afraid that the court magnate rule to her advantage. When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the parties shall be afforded a average opportunity to present evidence as to its commercial setting, purpose and effect to aid the court in making the determination. (106).The Restatement also has a similar rule which tracks the UCC provision. (107) The purpose of the unconscionability tenet is to expressly allow courts to police contracts for terms they deem unconscionable. (108) Though unconscionable is not defined by the UCC, some definitions give a feel for what the originators of the doctrine may have intended. One court has defined it as that which affronts the sense of decency. (109)One lexicon definition is lying outside the limits of what is reasonable or acceptable shockingly dirty, harsh, or unjust. (110) (Bar-Gill, O., Ben-Shahar, O., Marotta-Wurgler, F. 2017).Another word from the law that ineluctably to be added here is that the procedure in which my client (Takems Appliances and Electronics, LLC) following by charges 30% more to delivering the appliances and electronics to the customers door-to-door and the fact that his salespeople intended or energy have been instructed by Mr. Takem not to mention it to the customers.Despite the fact that my client, Mr. Takem, intentionally instructed them to mention the 30 % increase or not, while he is the owner of the business and all of his employees should follow his instructions. The court might obtain this conclusion from his business take away and count this over against him as a form of misleading, uncommunicated as one of the criteria to validate a contract, misrepresentation, misrepresentation fraudulent or other entrance to breach this contract or similar contract since the court will incline for the advantage of the plaintiff (Ms. Walker) ships connection of this contract against my client (Mr. Takem).As we go more through Ms. Walkers letter while she emphasizes that she is going to sue for punitive damages, whereas, punitive damages cannot normally be apt(p) in contract disputes, here I wouldnt worry about this phrase all my client (Mr. Takem), as this is merely a threaten word in Ms. Walkers letter.However, this part in some case could be unpredictable, and because they are usually compensated in addition of the plaintiffs demonstr able injuries, and are submited only in distinct cases, but to act as a prudent defends of my client (Mr. Takem) we need to supply him with the sound of law regarding this point, as a part of a lawyer due diligence where Jurors dirty money punitive damages too often.The amounts they award are erratic and unpredictable, even though they start from shared moral intuitions about the reprehensibility of defendants conduct. And when they deliberate and decide as juries, both the size and variability of the awards increase. Feigenson, N. R. 2003).Its ambiguities which need to be corrected proximately before any serious consequences superficial. Furthermore, the major ambiguity in the business operated in this case is the lack of transparentness in its transactions with their customers this absence of transparency is most deceptive in the prices and the percentages of charge that they put on their products and their services. This lack of transparency, when visible, could cause serious issues to any business, and, an educated customer could very easily take them to court for misconduct and misleading if they dont change their order and honestly advise their customers of their business perfect.Should he Proceed with the Collection?To give my legal advice, I would advocate that my client (Takems Appliances and Electronics, LLC) not to proceed with any further step in collecting the remaining payments from Ms. Walker. However, this might result in having other customers doing the selfsame(prenominal) as Ms. Walker. Which is refusing to pay and threatening Mr. Takem again by suing his business and sending letter to media to ruin his business reputation.We would advise that Mr. Takem take longer period of time than usual before making any efforts for future tense collection in general, I would proffer that Mr. Takem take an initial step by offering a payment implication for certain customers with some certain conditions with that he can plan ahead of time for hi s future project of establishing his own backing company, in main time this will participate in reshape his reputation in the area and encourage his customers to pay one time.Keeping the aforementioned trends, Takem needs to go beyond the literal meaning of the law and let go of unfair and /or fraudulent corporate conduct this includes false advertising and/or ambiguous sales deals (Realistic Hypothetical Legal Scenarios Business Law for Accountants, 2013)Would Mr. Takem Set up a Financing Company? And what Should he do to Protect himself?I would strongly recommend that Mr. Takem should go ahead in adopting this step, in order to prevent and protect his business from any future consequences. But the best would be if he can fall in with an outside financing company to take over this portion of his business, in a separate entity form, to avoid and mitigate future obligations and losing his customers.Alternatively, seeking for an external collection agency to handle in arrears or ga ther payments. Seeking a collection agency-or evaluating the one you have-can improve bottom-line results while maintaining your professional image. Overall, be sure to find a company that delivers results and matches the image you want to project. Use this list as a guide of what to expect (Anonymous, 2015). With this step-in mind Mr. Takem should put more consideration to the law that regulates and the requirement to establish this kind of business from the participation of the world-wide openness, full disclosure and the complete condition associated with any arrangement.Finally, he wants to Know What do you Think About his Business Model- regardless of whether you Conclude that it is Legal, is it Moral/Ethical?I believe the majority of us will agree in response to Mr. Takems ethics, and the way he is conducting his business is unethical, according to the assumption case events. Unethical port that is not illegal frequently falls in a grey area between right and wrong that ma kes it difficult to decide what to do when it is encountered. Furthermore, different people have different perspectives regarding what is ethical and what is unethical. Though, there is sometimes a difference between behaviors that are unethical and activities that are actually illegal.The definition of business ethics and the answer to the suspense of What is Business Ethics in gross revenue? is the principles, morals and standards that guide the behavior in the world of business and in sales relationships too (Spro, 2013). Ethics in sales is receiving a lot of attention over recent years even more so, as it is the correct way to conduct business in the long term and produce long-term sales results for the company and for the sales police squad.Moreover, Business ethics in sales can either come from the company itself, this means that the companies ethics guidelines are written into their policies and therefore can be reflected or reproduced through their sales team management an d then the sales team too (Ivan, C. D. 2014).Therefore, Doubt regarding corporate freight to ethical obligations has always existed, particularly when maximation of profits might be at risk. However, despite such doubt two views have singled hope. First, a view has persisted that corporations at least feel compelled to comply with the law. At times violations of law might occur. However, this was not thought to be the pattern of behavior for corporations generally.Conscious violation of law was not the behavior expected. Second, a view has begun to be echoed that business corporations are increasingly cognisant of ethical obligations beyond literal respect with law, and increasingly feel compelled to act then (Di Lorenzo, V. J Bus Ethics, 2007).