Saturday, January 18, 2020
Background/Introduction of Wal-Mart Germany: A Failed Marketing Plan
Wal-Mart is not only the worldââ¬â¢s most dominant player in the retail home market industry, it is also the worldââ¬â¢s largest corporation in terms of revenue earning more than $240 billion in 2003. It is also the biggest private-sector employer in the world today with around 1. 38 million staff on its payroll. The first Wal-Mart was set up in 1962 by brothers Sam and Bud Walton as a five and dime store in Rogers, Arkansas. Forty years later, branches have mushroomed all over America.Today there are 1,647 Discount Stores, 1,066 Supercenters, 500 SAMââ¬â¢s clubs and 31 Neighborhood Stores in operation across the countryââ¬âall under the Wal-Mart corporate umbrella. Wal-Mart thrives on its everyday low prices (made possible by its sophisticated inventory management system and the biggest private satellite communication system in the world), emphasis on customer service, and highly-motivated personnel. With its huge and uncontested success in the homeland, Wal-Mart decide d in 1991 to embark on an ambitious campaign to become an international retail store corporation.Its goal was to have its international operations contribute a third of its total profits by 2005. It opened a SAMââ¬â¢s club outfit, its first overseas branch, in Palenco, Mexico City. Since then, Wal-Mart has opened branches in 9 countries and in 1993, it opened the Wal-Mart International Division, to oversee the companyââ¬â¢s international operations. So far, revenue returns has been spectacular. In 1979, its annual turnover reached $1 billion for the first time. In 1993, it earned a billion in only a week and in November, 2001, in a record-breaking single day. In the year ending January 31, 2003, Wal-Mart posted sales of $244.5 billion, with about 16. 5% earned abroad. Its 2003 turnover is three times higher than Carrefourââ¬â¢s, the worldââ¬â¢s second biggest retailer. However, while Wal-Mart has become the market leader in the US, Mexico and Canada, the same didnââ¬â ¢t hold true for its other overseas markets. Its operations in Asia (which includes China, South Korea and Japan) and Latin America (Brazil and Argentina) are profitable but not as much as the North American profit rates. A notable case to consider, however, is Wal-Martââ¬â¢s failure in the German market. The Wal-Mart Germany FiascoGermany is the third biggest retail market in the world after US and Japan. In December 1997, Wal-Mart decided to expand into Germanyââ¬âa move that was once considered as an initial foray to make its presence known throughout Europe. The company took over the chain of retail stores, Wertkauf, for about $1. 04 billion and Interspar hypermarkets for â⠬560 million. However, revenues have not mirrored those of North American postings. By 2002, Wal-Mart Germany only earned an estimated â⠬2. 9 billion, a market share of 1. 1%. By 2003, it has lost about â⠬1 billion, closed two outlets and laid-off around 1,000 staff.Wal-Martââ¬â¢s Germ an operations is said to have failed because of four reasons: First, Wal-Martââ¬â¢s entry into the German market was through acquiring 74 Spar hypermarkets, a company which before the buyout was already the weakest player in the market. Spar stores were located in less well-off areas and has the industryââ¬â¢s highest logistics cost and lower returns. Meanwhile, its acquisition of Interspar is considered as an overpriced deal since the same chain of stores were bought by its former company only two years earlier at a price seven times lower than what Wal-Mart had to pay for.The second reason is the clash of cultures between Wal-Mart Germanyââ¬â¢s American CEOs and German employees. The ignorance of these executives regarding Germanyââ¬â¢s laws and culture has created widespread employee dissatisfaction and union-bashing. American Rob Tiarks, Wal-Mart Germanyââ¬â¢s first CEO, was unwilling to learn the German language, ignorant with the countryââ¬â¢s framework of re tail market and ignored the strategic advice given to him by former Wertkauf executives. The company installed a German CEO in 2001 but his ability to turn Wal-Martââ¬â¢s future around is yet to be judged.It also has to deal with unions, a factor that is absent in its US operations. Third, Wal-Mart has not been able to deliver its promise of lower prices and compete with other and bigger discount stores in the country like Aldi. German shoppers have also been turned-off by the concept of ââ¬Å"greetersâ⬠which, in America, is considered good customer service but a form of harassment in the European country whose people are used to self-service. It also cannot offer the 24/7 convenience of its American store counterparts because of Germanyââ¬â¢s restrictive shopping hour regulations.Finally, Wal-Mart Germany has been continually accused of infringing German laws and regulations like the anti-trust act which requires all corporations to disclose financial information. More problems could be foreseen for the company using the present situation as gauge. So far, it has failed to accomplish the financial benchmarks it has set for its first European foray. The future of Wal-Mart Germany is, indeed, not encouraging at this point in time. Reference Knorr, Andreas and Andreas Arndt. Why did Wal-Mart Fail in Germany? Bremen: Institute for World Economics and International Management, June 2003.
Friday, January 10, 2020
Law of Torts
PAPER-4 (LL1008) LAW OF TORT AND CONSUMER PROTECTION LAWS nd st (2 Semester, 1 Year of the 3-Year LLB course) PART A- Law of torts PART B ââ¬â Consumer Protection Law PART ââ¬âA General Principles 1. General Principles ââ¬â Definition, distinction between tort, crime, contract, breach of trust. 2. Essential conditions of liability ââ¬â Damnum Since injuria, Injuria sine damnum, Malice, Motive. 3. Foundations of tortuous liability, fault liability, strict liability, principles of insurance in torts. 4.Capacity of parties to use and / or be used ââ¬â State its subordinates ââ¬â executive officers, judicial officers ââ¬â mirrors corporation, unicorporated bodies, trade unions, etc foreign soveriengs, convicts bank rupts. 5. General defences ââ¬â consent, resources cases, inevitable accident, Act of G mistake private defence, necessity statutory authority, act of State. 6. Remedies ââ¬â Judical and extra judicial Damages- kinds of damages remoteness of damages- comparison with principles in contracts ; novas actus intervenes, successive action on the same facts, Merger of tort in felony. . Vicarious liability ââ¬â Master and Servant ââ¬â Distinction between servant and independent contractor, concept of servant, course of employment, Hospital cases, Masters duties towards servants, servants duties to his master, Servant with two masters, common employment, liability for tort of independence contractors, criminal acts of servants. 8. Joint tort feasors ââ¬â common law rules, law reform act, 1935 applicability in India of the English principles. 9. Effect of death of parties in tort ââ¬â Motor Vehicle accident cases. Specific Torts : 10.Wrong to person ââ¬â assult, battery, false imprisonment 11. Wrongs to property ââ¬â trespass to land, continuing trespass, trespass to goods, convesion, detinue specific restitution. 12. Wrong to reputation ââ¬â defamation ââ¬â libel, slander- principles governing li ability for defamation; defences ââ¬â Justificaiton fair comment principles ââ¬â absolute and qualified. 13. Negligence ââ¬â Proof of negligence principle in Donoghue Vs Stevenson, requirements standard of care, resipsa loquiture contributory negligence, principles in Devies Vs Mann the last opportunity rules- constructive last opportunity rule. 4. Dangerous chattels ââ¬â duty to persons permitted or invited to use chattel duty to immediate and ultimate transferee.23 15. Deceit- rule in Derry Vs Peek, principles of liability, exceptions ââ¬â liability for negligent mis statement. 16. Injury of Servitudes, Nuisance, Private and Public ââ¬â defences valid and invalid 17. Occupierââ¬â¢s liability ââ¬â (1) under a contract (2) as invitee (3) as licence (4) as trespasser (5) Child Visitor. 18. Conspiracy ââ¬â requirements 19. Injurious falsehood ââ¬â slander of title, slander of goods ââ¬â passing off interference with freedom of contract, intim ation. 0. Wrongs of family relations ââ¬â husband and wife, parents and child, seduction ââ¬â enticement, loss of service. 21. Strict liability- rule in Rylands Vs Fletcher, exceptions to the rule, liability for animals, cattle trespass. 22. Abuse of legal process ââ¬â malicious prosecution, malicious civil proceedings, maintenance and champerty. New and emergent torts (Pages 36 to 43 of Salmond, 20th ed. And pages 324 to 327 of Pillai ââ¬â 8th Edition) Books for Reference 1. 2. 3. 4. 5. 6. 7. Salmond Winfield Ratanlal Ramaswamy Iyer Gandhi B. M.Achutan Pillai James Law of Torts Law of Torts Law of Torts Law of Torts Law of Torts Law of Torts Introduction of the Law of Torts Cases to be studies 1. Ashby Vs White : Smith leading cases 266 912 ed (Legal Damages) 2. Mayor of Bradford Vs Pickles : (1895) AC 587 (Malic ââ¬â relevancy) 3. Haynes Vs Harwood (1935) 1 KB 146 (Rescue Cases) 4. Stanley Vs Powell : 11 (1891) 1 OB 86 (Inveitable accident) 5. Bird Vs Hallorook (1828) 4 Bing 628=861 of Morrison ââ¬â case on Torts (No duty to trespasser) 6. Bird Vs Hallorook (1828) 4 Bing 628=861 of Morrison ââ¬âcase on Torts (No duty to trespasser) 7.Buron Vs Denman (1848) 2 Ex 167 (Act of State) 8. Mersey Docks & Harbour Board Vs Coggins and Griffiths : (1946) 2 ALER 345 (Liability of the servant lent to another) 9. Llyod Vs Grace, Smith and Co (1912) 1 ABD 814 (Liability for projection over highway and for independent contracts act) 10. Tarry Vs Ashtorf (1876) 1 ABD 814 (Liability for projection over highway and for independent contractors acts) 11. Kasturilal and Ralia Ram Vs State of UP AIR 1965 SC 1039 (Governments liability for torts of its servants) 4 12. Wilsons and Clyde coas Co Vs English (1938) AC 57 = (1973) 03 All ER 628 (Masters duty to servants) 13. Polemis and furness with and Co (1921) 3 KB 560 (Fest Remoteness) 14. Over seas Tankshop (JK) Ltd Morts Dock and Engineering Co (1961) AC 388 = (1961) 1 ALL ER 494 (Tests of remoteness o f damage) 15. Rose Vs Ford (1937) AC 826 (1937) 3 ALL ER (359) Damages for loss of expectation of life. 16. Bird Vs Jones (1845) 7 AB 742 temporary false imprisonment (1912) KB 496 (necessity as a justification) 17.Six carpenters case (1610) 8 Co Rep 146 on Smith leading cases Vol 1 P 127 (Tress ab initio) 18. Cassidy Vs Daily Mirror News papers Ltd (1929) 2 KB 331 (defamation unintentional publication) 19. Blyth Vs Birmingham Water worked Co (1856) II Ex 781 (Definition of negligence) 20. Donoghue Vs Stevenson (1932) AC 562 (damages for breach of duty of care negligence) 21. Davies Vs Mann (1842) 10 546 or Morrison cases on torts 688 (last opportunity rules) 22. British Columbia Electric Railway Vs Loach (1916) 1 AC 759 (Constructive last opportunity rules) 23.Hambrook Vs Stroke Brothers (1925) 1 KG 141 (Nervous Shac) 24. Derry Vs Peek (1889) 14 AC 337 (deceit requirements of) 25. Hedley Byrne and Co ltd Vs Heller and Partners Ltd (1963) 2 ALL ET 575 (Liability for negligent mis st atements) 26. Francis Vs Cockrel (1870) LR 5 OB 591 (concept of dangerous premises) 27. Fairman Vs Peretuall investment building society (1923) AC 74 Occupoiers duty to licences) 28. Indermour Vs Dames (1866) LR 1 CP 274 (Occupiers liability to persons entering under contract) 29.Cooke Vs Midland Great Western Railway of Ireland (1909) AC 229 (Occupers liability to children) 30. Crofter Hand Waven Harris Tweed Co Ltd Vs Veitch (1942) AC 435 = (1942) 1 ALL ER 142 (Conspiracy) 31. Lubley Vs Gye (1853) 2 Ed 216 (introducing a breach of contract) 32. Rylands Vs Fletcher (1868) LR 3 HL 339 = Smiths leading cases Vol 278 (Strict liabiolity principle) 33. Read Vs Lyons & Ltd (1945) KB 216 = (1945) 1 ALL ER 106 (escape necessary for strict liability) 34. May Vs Burdett (18460 9 AB 101 (Liability for animals) 25 PART- B ( 2nd Semester, 1st Year of the 3-Year LLB course)CONSUMER PROTECTION LAW Consumer Protection Act ââ¬â 1986- Definitions, consumer Protection Councils, their objects â⠬â consumer Disputes Redressal agencies ââ¬â District forum, State Commission, National Commission- their jurisdiction, constitution, powers, procedure ââ¬â appeals, reliefs to the parties, enforcement of the orders. Reading materials 1. Consumer Protection Act 1986 2. Law of Consumer Protection 3. Law of Consumer Protection 4. Law of Consumer Protection 5. Law of Consumer Protection Gurubax Singh D. N. Saraf R. K. Bangia Kaushal
Thursday, January 2, 2020
Personal Plan to Succeed - 1077 Words
Personal Plan to Succeed Katrina Lino HSC/504 November 5, 2012 John Dean Personal Plan to Succeed As age increases, so do the number of responsibilities assumed in our lives. We have careers, family that needs taking care of, and homes that need maintenance. These responsibilities can be obstacles when returning to school and obtaining a higher degree such as a Masterââ¬â¢s of Science. Although there are challenges, the drive for higher learning never subsides in some people. In this paper, I will review my reasons for continuing my education and obtaining my Masterââ¬â¢s degree in Nursing and discuss my short- and long-term goals as well as what challenges I may face to achieve these goals. I will also analyze my strength and weakness inâ⬠¦show more contentâ⬠¦Because of the challenges I am facing on the road to obtaining an MSN degree, I have decided to pursue the degree using online education. This online program tract offered by University of Phoenix is ideal for my personal situation. However, working completely online will affect person al communication with my professor and classmates. We will communicate on an online forum. In a classroom setting, my personal communication strength is non-verbal cues. When I am expressing a thought, I use facial expressions and I am receptive to cues exhibited from the audience. However, in an online setting, non-verbal cues are not used. Personalization is lost when using the Internet to convey a message (Todericiu, Muscalu, amp; Fraticiu, 2012) I must use writing skills to convey my ideas with the class. This is considered my weakness when communicating via online with professors and fellow classmates. To improve my personal communication, three strategies will be implemented. The first strategy is by being clear and concise in my writing. Second, prior to posting on the forum, I will organize my ideas so that the message is delivered effectively. Last, in a classroom setting, I would be an active listener. In the online setting, I will read other postings and before responding , ensure I understand the message. Implementing these strategies improve my communication skills in my online courses. In conclusion,Show MoreRelatedEssay about Personal Plan to Succeed1229 Words à |à 5 PagesMy Personal Plan to Succeed Ross E. Kensey HCS504 February 27, 2012 Dr. Linda Amankwaa My Personal Plan to Succeed Going back to school is never an easy endeavor. Balancing the requirements of work and family alone can be a daunting task. When school is added into the mix, this can easily become a stressful time in life. In this paper I will examine my personal and professional goals, reasons for pursuing my graduate degree, and strategies thatRead MorePersonal Plan For Succeed For A University Of Phoenix1188 Words à |à 5 PagesPersonal Plan to Succeed I have thought long and hard about the question proposed on my personal place to succeed. There is lots of things to think about and to take into consideration. I will talk about why my graduate studies are so important to me, which include where I was before I decided to go to the University of Phoenix. I will also discuss how I am going to achieve the goals that I have set for myself and what obstacles will be in my way that I will have to overcome. Personal Plan to SucceedRead MoreEven though you may think you can succeed without a plan, every decision made will either help or600 Words à |à 3 PagesEven though you may think you can succeed without a plan, every decision made will either help or hinder success because all actions have consequences and people who take personal responsibility succeed. Success to one person is not always the same to another, we all have our own definitions of success. To some, success may mean money and wealth. To others good health. To one it may mean a great job or doing a job they love. And to another a great family and home life. Whatever our definition ofRead MorePersonal Statement On Personal Responsibility1104 Words à |à 5 PagesWhat is personal responsibility? What does it mean to have personal responsibility? How do I practice personal responsibility? These are questions that have boggled the mind of every individual at different stages of their lives. The definition of personal resp onsibility varies from person-to-person, but the popular meaning focuses on the concept that every action has a consequence. Personal responsibility was embedded on my mind at an early age. It was part of my upbringing and learning processRead MorePersonal Responsibility Essay1097 Words à |à 5 PagesPersonal Responsibility Albertis McCray Gen Ed 200 10/28/2011 John Bachofer III Personal Responsibility Essay Personal Responsibility is taking accountability for all your thoughts, feelings and actions. Understanding personal responsibility is taught from elementary school all the way through college. As an adult going back to school, understanding personal responsibility is the key to successfully obtain your degree. Entrepreneurââ¬â¢s must be personally responsible or theyRead MoreMy Core Personal Values918 Words à |à 4 PagesMy personal values presumably act as a basis to recognize between what is right and wrong and thus, determine my daily actions and emotions. My mother, Jo Ann Smith and my education have both played profound roles in the development of my core personal values: personal integrity, responsibility, and ambition. Additionally, these influences have demonstrated that the rule-based approach determined what conduct is consistent with these key values. Before I was the age of 6, my parents were divorcedRead MoreHow Personal Responsibility Will Lead to My Success Essay1089 Words à |à 5 PagesHow Personal Responsibility Will Lead to My Success Personal responsibility means to me holding yourself accountable for not only the successes in your life but also your downfalls. If a person can do this they will not only be successful in their education but in their careers and life in general. Even though some people who lack personal responsibility do just fine in life, personal responsibility will lead to my success in and beyond school because it gives me the confidence to succeed, andRead MoreEssay on Taking Personal Responsibility in College1242 Words à |à 5 PagesPracticing Personal Responsibility in College First name, Last name GEN/200 February 6, 2012 Teacherââ¬â¢s name Practicing Personal Responsibility in College Annotated bibliography References Carter, C., Bishop, J., amp; Kravits, S. L. (2011).à Keys to Effective Learning. Study Skills and Habits for Successà (6th ed.). Retrieved from The University of Phoenix eBook Collection database. This book is a well-known textbook concentrating on learning how to form effective study skills. This textbookRead More My Self Improvement Project: Time Management Essay1503 Words à |à 7 Pagesacademic problem that I feel is negatively impacting my studies which is time management; otherwise, I find lot of difficulty to manage my time. This problem influences my academic and personal life because I cannot manage my time correctly in order to be successful. Firstly I am not organized and I donââ¬â¢t have any plan to set and apply. This shows clearly the difficulty of my critical situation. I became to feel anxious and nervous all the time and also it affects on my grade. According to this I mustRead MoreDefining A Successful Education Program1132 Words à |à 5 PagesDefining a Successful Education A successful Education can be defined by the achievement of personal goals in higher education. It is important to stay true to myself keeping my goals aligned with my vision of becoming an elementary school teacher by developing a clear education plan. As well acknowledge my need to stay motivated in order to complete and succeed in my academics. By having a support system using the resources provided by my educational institute. Successful education is having intricately
Wednesday, December 25, 2019
My Last Duchess By Robert Browning And The Rape Of The Lock
ââ¬Å"My Last Duchessâ⬠by Robert Browning and ââ¬Å" The Rape of the lockâ⬠by Alexander Pope are two poems that convey a theme of love and objectification towards women.For instance, both poems are similar in their use imagery and metaphors to grasp their audience attention. For example, in ââ¬Å"My last duchessâ⬠the author shows the wife in the poem as an item controlled by her husband and uses his love for her as an excuse to abuse his power. Her life is ruled by him and she would have to deal with his insane jealousy because his obsessiveness is dominating his reality of his relationship . In this poem the male role has many characteristics one of them being paranoid and not helping him reflect on reality by him owning shrine of items that belonged to all his earlier wifeââ¬â¢s. His late wife is shown as a piece of imagery where she is kept on a wall trapped not able to leave his sight or be allowed interact with others. (Browning,1-2) In ââ¬Å" The R ape of the Lock ââ¬Å" the poem starts off with Belinda,the main character, in a dream sent to her by her guardian Sylph. The dream sends a message to Belinda that she must be careful with all men in her life once she has received the message she awakens to a love letter at her sight and forgets the dream in its entirety. Throughout the course of the poem Belindaââ¬â¢s Sylphs are required to protect her chastity and help her contain her purity.. The man in her life is using her as an item and not as a human being.Pope encourages these characteristicsShow MoreRelatedBrit Lit Exam2589 Words à |à 11 Pagesrightà /à To wield ità .à .à .â⬠| b.|ââ¬Å"betrayedà /à By present objects, and by reasonings falseà .à .à .â⬠| c.|ââ¬Å"more like a manà /à Flying from something that he dreadsà .à .à .â⬠| d.|ââ¬Å"little linesà /à Of sportive wood run wildà .à .à .â⬠| ____ 12. Poets ____ the Brownings were as well-known in their time ____ todayââ¬â¢s entertainers. a.|like; like|c.|like; as| b.|as; as|d.|as; like| ____ 13. Which is the best meaning of the word dispensation as it is used in the line from ââ¬Å"Journey of the Magiâ⬠? We returned to
Tuesday, December 17, 2019
Social Medias Impact On Customer Relationships - 1245 Words
Social media or social collaboration has fundamentally altered the way we collaborate, create, communicate, and even consume. Social media has had a transformative impact on customer relationships. According to a 2012 Nielsenââ¬â¢s social Media Report, almost half of U.S consumer use social media to ask questions, report satisfaction or to complain, and a third of social media users prefer ââ¬Å"social careâ⬠to the phone. Customers are in charge and influence each other in their buying decisions on a large scale never existed since the 21st century, where the word of mouth served as the only information channel. Customers through social media have a powerful voice that can reward organizations that listen to them and punish those that do not. Per Mark Schwanhausser, a senior analyst at Javelin Strategy and research, Social media is rewriting that rule and increasing the speed with which banks have to respond. (Quittner, 2011). The energies and opinions of customers are cap tured by social media. The contents of social media may be a review, information to fix or configure something or an innovative way to use or optimize a product. The contents may represent an invaluable data source against which a company can perform analytics and derive insights and trends, customer purchasing trends, and an early warning of safety or satisfaction problems. These insights and advanced warnings provided can inform the decision making process, such as go-to-market and support strategy, continuousShow MoreRelatedWhy Smart Marketing Is About Help Not Hype1235 Words à |à 5 PagesConsulting. He helps them with online marketing strategies to succeed in this highly competitive market. Companies includes big brands like Nike, Caterpillar, and Best Buy etc. He works with midsized companies and help them integrate their strategies with social media. ââ¬Å"Why Smart Marketing is About Help not Hypeâ⬠is divided mainly in to three parts: Part 1: Turning marketing Upside down Part 2: The three facets of Youtility Part 3: Six Blueprints to create Youtility There are all in all 12 chapters thatRead MoreThe Russian Revolution Of 20131488 Words à |à 6 Pages24/7ââ¬â¢ have done an investigation and found what tools governments use to manage the news in order to prepare the audience for conflict. They critically examined the changing contours of media coverage of war and considered the complexity of the relationship between mass media and governments in wartime. The book is a study on how informative and communicational technologies are affecting the media messages through production, distribution and reception. Freedman and Thussu (2003) suggest in the eraRead MoreThe Media Responsible For Females Essay1679 Words à |à 7 Pagesmedia can then push a female to go on a diet to begin a journey to gaining a similar body shape like that of the model, but low self-esteem and lack of confidence generally contributes to any issues or difficulties in life; workplace or school, relationships etc. to which can make an individual extremely unhappy and vulnerable. Research shows depression, low self-esteem and the development of eating disorders can be related to the unrealistic, unachievable body images exposed through the mass mediaRead MoreSocial Media And Its Impact On The Business World Essay1144 Words à |à 5 PagesGenerating sales leads or locating new customers can be quite the challenge in todayââ¬â¢s business world. While technology has made it easier to expand the presence of a business, thanks to the usage of social mediaââ¬â¢s such as twitter and facebook, other competitive busines s will also be utilizing these tools. Although some people believe that the usage of social mediaââ¬â¢s isnââ¬â¢t the best method but instead leading up with webinars and trade shows tend the have a much bigger impact. Plenty of companies tend to disagreeRead MoreMedia Bias And Stereotypes : A Long Way Of Justify The Truth1534 Words à |à 7 Pagesachievements in its economy, technology and diplomacy. As it becomes a country that has the fastest increasing rate in economy, masters spacecraft-building technics, and actively participates in International meetings and competitions, it draws the foreign mediaââ¬â¢s attention on exploring the country itself and presenting how its society and people are to their people who may not know much about those. However, although foreign media reports more frequently about China, many information they give out are one-sidedRead MoreSocial Media And Its Impact On The World Essay1502 Words à |à 7 Pagesuse of social media marketing. Soc ial media has truly had an immense impact on companies and the way they advertise their products and their services to their consumers. They are realizing that digital advertising has become one of the most important means of reaching customers in the information age. So important that businesses have had to dramatically increase their social media advertising budgets over time (Zhu Chen, 2015, para. 1). Despite the importance of social media, the impact of usingRead MoreCustomer Relationship Management ( Crm ) Theories1450 Words à |à 6 PagesThis chapter is written base on ground knowledge of Customer Relationship Management to explore deeper in contexts of social Customer Relationship Management. As the theories being more specific, the chapter will provide literature review about customer relationship through social media content strategy to explain the research problems. It also includes numerous studies in the field of relationship marketing and branding strategy in the dig ital world. Therefore, while discussing previous conceptsRead MoreSocial Media: An Information Platform for Enterprises1436 Words à |à 6 Pagesï » ¿Social Media As An Information Platform for Enterprises Introduction Social medias influence is accelerating across every aspect of society, bringing with it a need for increased authenticity, transparency and trust. For the first time customers can stand on equal ground with the brands they buy from and in some cases, are very loyal to. Of the most disruptive force in society today, social networks are revolutionizing how the consumer interacts with every strata of business and government asRead MoreHow Social Media Has Become A Popular Now Days972 Words à |à 4 Pagesmany informative researches on how social media have become very popular now days. If you take a good look around, you will notice that most of the people are on their phones, and my guest will be that at least one of them is connecting through the social media. Social Media is a great tool but it can be dangerous if not used properly. It has been studies on social media that has helped to describe a few pros and cons that are associated with the use of social media in the population . As you canRead MoreEssay on Managing the Workplace Ethics of Social Media1474 Words à |à 6 PagesSocial media applications on the internet have skyrocketed in the area of interests for all ages of employees in the work force. As fast as these applications are gaining popularity, so are they changing the way employers are looking at their employees and their companies in general. There are so many benefits that social media has brought to the cooperate world, but with this each company is becoming increasingly more aware of the risks that are involved with using it. Misuse of company resources
Monday, December 9, 2019
Environmental Law Contribution of Stone Article
Question: Assess the contribution of Stones Article Should Trees Have Standing to the Development of Modern Environmental Law? Answer: Introduction: Almost 30 years ago, a Professor of Law at the University of Southern California named as Christopher D. Stone, wrote a provocative law review article and this article was considered as most elegant article at that time. He addressed this article on environment law and place of humankinds in the world. This article is known as should Trees Have Standing? Toward Legal Rights for Natural Objects (Trees). In this article, Stone argued for providing legal rights to natural objects and areas and he also gave formal voice to land ethic. Concept of land ethic was introduced by Aldo Leopold. Stone further stated that development of law was achieved by providing right to those persons and entities which are considered as incapable by the society for having any rights such as childrens, slaves, women, etc. All these peoples and entities get benefits from this drive and get legal voice and legal rights which they dont have before[1]. In this paper we assess the contribution of Stones article in the development of modern environmental law. Subsequently, this paper is concluded with brief conclusion. Contribution of Stone article: Article authored by Stone provides accurate points for analysis, and this article is more specific, clear, and easy to understand. Stone first argued to provide legal right to natural objects, and he made this proposal at that time when such concept was unthinkable. This proposal is equally unthinkable as the proposal which state that legal rights must be provided to women, children, and blacks in 18th and 19th Century. According to Stone, every proposal for providing legal rights was opposed until the thing for which legal rights were proposed was seen valuable for itself by the person and not only something which fulfills social need. Therefore, it is clear that providing legal rights to environment is considered as recognition of environment value[2]. In New Zealand main legislation for the purpose of managing the environment is Resource Management Act 1991 (RMA), and this legislation set the framework for RMA processes such as resource consent, council plans and designations, proposals of national significance, and how legislative tools are issued under the RMA. This Act also states how local authorities monitored the RMA process. This legislation is the result of efforts made by Stone through his article. In his article, Stone addressed double aspects of rights which are provided to natural objects. In his first aspect, Stone gives attention to "legal operational" aspect and second aspect was "psychic and sociopsychic" aspect. In legal operational aspect there are three factors which are existed to consider the environment at jurally level[3]. First factor stated, that any entity related to environment must be able to institute legal suit on its own behalf, second factor states that Court must consider the injury suffered by right holder while determining the relief, and thirdly relief must be provided for the benefit of environmental right holder and not for those who has right to use the environment. In this Stone introduced the practical problem related to conferring legal rights in the environment and considered the environment jurally. For example, how rivers file legal suit and to whom damages are awarded. These problems are not that much big. Firstly natural objects can initiat e legal action through their friends such as Sierra Club or Friends of the Earth, who are appointed as guardian to protect the legal rights provided to natural objects. Role of guardian is very different from public agency charged with environmental protection. Guardian was not like Federal and state departments who have responsibility of public resources because guardian is not responsible for fulfilling institutional goals. The main aim of guardian was to protect the natural object. Under this article injury include both present as well as future damages. Damages are calculated after considering the cost incurred in making the environment and also includes pain and sufferings of animals[4]. Stone stated his argument in the article in very elegant way, but still article do not considered for making law review and disappear in scholarly oblivion. This article survived because after few days of publication of this article, Justice William O. Douglas give reference of this article in his Supreme Court decision for the famous case Mineral King Valley that was Sierra Club v. Morton, 405 U.S. 727 (1972)[5]. In this case, Court gives its judgment against the Sierra Club. Court stated that club is not able to allege the injury and they have no sufficient evidence to challenge the decision made by the Forest Service's issuance of providing permit for resort to Walt Disney Enterprises. But this decision was not applied for long time and on remand club made some changes in their allegations and include claim against Forest Service for violation of recently enacted National Environmental Policy Act of 1969 (NEPA). In 1978, congress ended this debate by added the Mineral King Valley to Sequoia National Park in California[6]. Efforts made by sierra club to preserve the king valley was noticed and in the same manner efforts made by Stone through his article was noticed by Douglas, but it was unfortunate that neither trees nor the decision made by Douglas are considered much in judicial decisions. Idea introduced by Stone was not adopted in its pure form, but this idea was first considered in court and found its ground in other branches of government for future actions. Both Federal and state government enacted laws in 1972, and there are number of state governments who allowed their citizen to file suit either directly or as attorneys general or public trustees to challenge the decision made by agencies or for seeking damages for injury caused to environment. Through these laws government provided more protection to natural areas by making sensible decisions and encouraging better environmental practices. However, major changes are introduced by NEPA and effective implementation of NEPA. The concept of Stop, look and listen was introduced by Congress to federal agencies in NEPA, and this concept changed the decision making process related to environment. Number of suits was filed in 1970s and 1980s, and because of these suits it becomes clear that federal agencies cannot make any decisions which have significant effect on human environment without considering the effected resources, they have to find different alternatives for proposed action, and taking comments from general public. This process becomes very important for federal agencies not only in those cases in which they have to take decision but also in those cases in which congress is taking the decision and this process was also considered by state governments and local authorities. Today path followed by government agencies for making the decisions related to environment has been affected by the ideas introduced by Trees because in this article Stone changed the topic of debate related to resources. Debate related to any proposal of particular nature has a quality of "utilitarian" but in this language has been changed because people believe that they receive real valuable benefits from nature[7]. In his article Stone provides structure for changing the ethical rights of natural objects into legal rights. Leopold in his article gives emphasis to the ethical responsibilities of landowners which are supported by community norms, social pressures, and the internal workings conditions[8]. According to Stone, these factors are not enough for effective mechanism. He argues that legal right provide dignity to the natural objects. Stone stated that Recognition of the legal rights of natural objects will become helpful in many cases, even if one person has complete ethical approach towards environment. Legal rights serve the purpose of human interest even for future generation[9]. After the publication of this article many changes take place in the legislation. There are number of natural entities which consider other damages also rather than some economic benefits which are provide in such cases. Government framed many federal and state statutes which provide protection to the different parts of the environment such as air, water, marine mammals, endangered species, wetlands, and wild rivers. These statutes play important role in considering the environment interest but they does not always give preference to natures interest over human interest as stated by Stone in Trees that rights need not to be absolute to be real[10]. Stone also stated other two criteria for providing legal rights to natural objects which are not able to achieve completely. There are some cases in which legal remedies especially focus on the natural entities such as the oil pollution act and CERCLA, and these legislations provide only those awards which are able to restore the harm caused to natural system. In many cases, penalties imposed on violation of environmental laws are submitted to the general treasury, and in other cases suits filed by citizens result in injunction which stop the harmful actions but they are not able to provide any money damages which can be used to reverse those effects. There are number of practical problems which are introduced while following the approach of Stone and enabling people to file suit for natures protection. Decision made by Supreme Court in case of Sierra Club v. Morton, made it clear that non-economic human interests could provide support. Suits filed by Citizen for the protection of environment under environmental statutes have expanded the range of legally protected interests. There are number of questions which we face today such as what aspects of nature should be considered by court and how much, in what manner human interest should be subordinated for the environment interest, authority to make these decisions, and framework to structure the society which helps in protection of natural interest. For answering these questions we require both moral and legal factors. We are the witness of both first and second generation environmental law and we are standing at appropriate point to ask many questions which are related to the relationship between environmental ethics and environmental policy[11]. Stone was under an incredible time when he wrote Trees and he provides only an outline of his thinking to his readers. After thirteen years of trees Stone make some corrections with the publication of Should Trees Have Standing? Revisited: How Far Will Law and Morals Reach. In this article he support the concept of moral pluralism, and in this concept he states that one set of ethical principles may regulates the one group of moral activities and other set of ethical principles may regulates another group of moral activities. Lastly we state whether views of Stones articulated in Trees are able to attract more people in the long run or not. Questions stated by article are really unique because it not only consider the relations of present generation but also consider the relations of future generation. Even John Rawls in his Theory of Justice does not try to answer all questions related to moral considerations. Rawls further stated that his theory of justice is not the complete theory he fail to consider all moral relationships[12][13]. Conclusion: At last we conclude that, concept introduced by Stone was very effective and it leaves great impression on the environmental law. Contribution of Stone article in the development of modern environmental law is really important and no one can deny that the concept of legal rights of natural object is the idea introduced by Stone. References JOURNALS Christopher D. Stone, Should Trees Have Standing? - Toward Legal Rights for Natural Objects (1972) 45 S. CAL. L. REV. 450. Christopher D. Stone, Should Trees Have Standing? - Toward Legal Rights for Natural Objects (1972) supra note 2, at 456. Christopher D. Stone, Should Trees Have Standing? - Toward Legal Rights for Natural Objects (1972) at 458. Christopher D. Stone, Should Trees Have Standing? - Toward Legal Rights for Natural Objects (1972), supra note 3, at 11. Christopher D. Stone, Should Trees Have Standing? - Toward Legal Rights for Natural Objects (1972), supra note 3, at 10. Doremus, H. Symposium Introduction Environmental Ethics and Environmental Law: Harmony, Dissonance, Cacophony, or Irrelevance. (2003). University of Caligfornia. Vol 27(1). Pp-2-11 Emond, D. Paul. "Co-operation in Nature: A New Foundation for Environmental Law." (1984) Osgoode Hall Law Journal, pp- 323-348. Laurence H. Tribe, Ways Not to Think about Plastic Trees: New Foundations for Environmental Law, 83 YALE L.J. 1315 (1974). LEOPOLD, supra note 2, at 209. Perkins, J. J. Christopher Stone and the evolution of environmental Justice. https://www.princetonindependent.com/issue01.03/item10d.html. WEBSITES Purdy, j. Our Place in the World: A New Relationship for Environmental Ethics and Law. Retrieved on 7th march 2017 from: https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=5179context=faculty_scholarship. Find law. Sierra Club V. Morton, https://caselaw.findlaw.com/us-supreme-court/405/727.html. CASES Sierra Club v. Morton (1972) , 405 U.S. 727. Christopher D. Stone, Should Trees Have Standing? - Toward Legal Rights for Natural Objects (1972) 45 S. CAL. L. REV. 450. Christopher D. Stone, Should Trees Have Standing? - Toward Legal Rights for Natural Objects (1972) supra note 2, at 456. Christopher D. Stone, Should Trees Have Standing? - Toward Legal Rights for Natural Objects (1972) at 458. Emond, D. Paul. "Co-operation in Nature: A New Foundation for Environmental Law." (1984) Osgoode Hall Law Journal, pp- 323-348. Sierra Club v. Morton (1972) , 405 U.S. 727. Find law. Sierra Club V. Morton, https://caselaw.findlaw.com/us-supreme-court/405/727.html. Perkins, J. J. Christopher Stone and the evolution of environmental Justice. https://www.princetonindependent.com/issue01.03/item10d.html. LEOPOLD, supra note 2, at 209. Christopher D. Stone, Should Trees Have Standing? - Toward Legal Rights for Natural Objects (1972), supra note 3, at 11. Christopher D. Stone, Should Trees Have Standing? - Toward Legal Rights for Natural Objects (1972), supra note 3, at 10. Doremus, H. Symposium Introduction Environmental Ethics and Environmental Law: Harmony, Dissonance, Cacophony, or Irrelevance. University of Caligfornia. Vol 27(1). Pp-2-11 Purdy, j. Our Place in the World: A New Relationship for Environmental Ethics and Law. Retrieved on 7th march 2017 from: https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=5179context=faculty_scholarship. Laurence H. Tribe, Ways Not to Think about Plastic Trees: New Foundations for Environmental Law, 83 YALE L.J. 1315 (1974).
Sunday, December 1, 2019
With particular reference to Act 4 scene 1 how far is Shylock presented as a victim or a villain within the play Essay Example For Students
With particular reference to Act 4 scene 1 how far is Shylock presented as a victim or a villain within the play Essay The play The Merchant Of Venice was written in a time of anti Semitism. There was a great divide between the Jewish and Christian religion when Shakespeare wrote this play. He wanted to put these religions together and predict a miscellaneous ending. He does this by punishing Shylock for choosing law over love and mercy. There are two different ways of looking at this play. The modern audience would have different views and opinions of the play and it would have been acted out differently. I am looking at a modern point of view, so Shylock is presented with a more human side to an alternative of a stereotypical Jew. Shakespeare teaches us the values he believes in, through the character Portia. Throughout this play shylock is shown as both victim and a villain. I have pin pointed the scenes in which this has happened, giving quotes, explanations and backing my answers up . I will then try to justify how far shylock is perceived as a victim or a villan. Act 1 scene 3 holds many points to show shylock as a victim and a villain. We begin to see these factors. We will write a custom essay on With particular reference to Act 4 scene 1 how far is Shylock presented as a victim or a villain within the play specifically for you for only $16.38 $13.9/page Order now In act 1 scene 3 when shylock says fair sir, you spat on me Wednesday last, you spurned me such a day, another time you called me dog this presents Shylock as a victim as Antonio has spurned spat and called me dog to shylock. We are made to feel sympathy for Shylock. We then see shylock as a different character when he asks for a pound of Antonios flesh. Of your fair flesh, to be cut off and taken we see Shylock as a villan in this piece shown above, but small parts of this contradict this as all of the things Antonio has done to Shylock. Shylock is now presented as a villain as he goes against his religion and retaliates. Also in this scene Shylock doubts the security of Antonios ships but is willing to lend the money. we then see shylock as a victim until he tells the audience that he hates Antonio and intends to harm him if he can. I hate him for he is a Christian In act 2 scene 3 Shylock is perused as a villain. We get this impression from his daughter Jessica. Jessica wants to move away from Shylock and elope with Lorenzo our house is hell She cant stand staying with shylock and only stays because she has nowhere else to go. She is ashamed of him being a Jew and is ashamed to be his daughter to be ashamed to be my fathers child this presents Shylock as a villain as even his closest relative cant stand him. Shylock is presented as a villan but we are made to feel sympathy for him in view of the fact that of his daughter leaving him with nothing. Even though Shylock isnt in this scene we get varied impressions of him. Shakespeare did this to make the audience form an opinion about Shylock and I think the opinion that the audiences form is that Shylock is a villain. In Act 2 scene 8 there are many aspects showing Shylock as a victim. An example of this is when Salarino says, why all the boys in Venice follow him This displays him as a victim as it illustrates that Venician children have a higher status than a Jewish man. Although in this scene Salarino and solanio are mimicking Shylock. The main content of what they are saying could portrait him as a villan. My daughter! O my ducats! O my daughter Throughout this speech when Solarino is mimicking Shylock there is more reference to his riches than to his daughter. .uf86015402cabddda121defedca3e452a , .uf86015402cabddda121defedca3e452a .postImageUrl , .uf86015402cabddda121defedca3e452a .centered-text-area { min-height: 80px; position: relative; } .uf86015402cabddda121defedca3e452a , .uf86015402cabddda121defedca3e452a:hover , .uf86015402cabddda121defedca3e452a:visited , .uf86015402cabddda121defedca3e452a:active { border:0!important; } .uf86015402cabddda121defedca3e452a .clearfix:after { content: ""; display: table; clear: both; } .uf86015402cabddda121defedca3e452a { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .uf86015402cabddda121defedca3e452a:active , .uf86015402cabddda121defedca3e452a:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uf86015402cabddda121defedca3e452a .centered-text-area { width: 100%; position: relative ; } .uf86015402cabddda121defedca3e452a .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uf86015402cabddda121defedca3e452a .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uf86015402cabddda121defedca3e452a .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .uf86015402cabddda121defedca3e452a:hover .ctaButton { background-color: #34495E!important; } .uf86015402cabddda121defedca3e452a .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uf86015402cabddda121defedca3e452a .uf86015402cabddda121defedca3e452a-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uf86015402cabddda121defedca3e452a:after { content: ""; display: block; clear: both; } READ: How do we see Capulet and Juliet's relationship changing? EssayThis suggests that he is more hurt about the loss of his riches then his daughter. This makes Shylock look like a villain, even though he has lost everything. Shylock isnt featured in this scene but we are able to see aspects related to him being a villan. In act 3 scene 1 Shylock is displayed as a victim. Jessica has just taken his wifes ring, which was Shylocks only Precise possession and meant a lot to him. I would my daughter were dead at my foot, and the jewels in her ear this presents Shylock as an heartless person who doesnt care for his own flesh and blood. Solarino and Solanio taunt Shylock about Jessica running away with a Christian thats certain; I for my part knew the trailer that made the wings she flew withal In contrast Shylock is showed as a villain as he said he would look as a Christian and seek revenge. To bait fish withal; if it will feed nothing else, it will feed my revenge he is viewed as calculated character but has a point about Christians being treated the same as Jews so we get mixed opinions about Shylock in this scene. In act 4 scene 1 Shylock is portrayed as a villan. We get this impression as Shylock was given the chance for mercy thoult show thy mercy and remorse most strange but chose to go against his religion and demand the pound of flesh the pound of flesh which I demand of him He believes he is right and should have the bond that Antonio signed for. to have the due and forfeit of my bond Shylock feels no sympathy for Antonio at all as he believes that the pound of flesh is his by law. This doesnt make us think very highly of Shylock as he is happy to take a pound of flesh no matte what it takes. Though parts of the play affect our views as Shylock was driving to act like this by the Christians poorly treating him Shylock implacably refuses to show mercy until he is given no choice as blood is not mentioned in the bond This bond doth give thee here no jot of blood This means Shylock has to show mercy ads you can not take a pound of blood without shedding blood. We now see shylock as a victim as he didnt get his revenge and is left with nothing, not even his dignity. To conclude I would say that Shylock is too controversial a character to be a victim or a villain. , There are different Factors to show Shylock as a victim or a villain like his is portrayed as a villain when he wants to take Antonios life but is displayed as a victim when his daughter Jessica takes his possessions. In perspective I would say that Shylock is rather a villain then a victim as we have seen more evidence of him being displayed as a villain.
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