Saturday, November 30, 2019

Premium Beer Market in Thailand free essay sample

There were various kinds of determinants influencing the enlargement of the beer market; especially the cause from gas price has risen up high like never before. Deriving the consumer products price had to be adjusted to avoid suffering from higher cost of production and transportation. On the other end, consumer’s purchasing power had become lower due to the higher cost of living; driving them to adapt to the economic situation they were facing. From the observation in the beer market, we could notice there were obvious changes in consumer’s behavior; consumers or drinkers tended to shift from having large size of beer 640ml. to the smaller size 330ml. in the form of small bottle or can. Moreover, there was a slightly drop in the frequency of buying beer also. In addition, government sectors also had plan in process to leverage IRS tax on alcohol beverage as the European Union had implemented it before in order to improve the social overall status and also eliminate beer industry pitfalls. We will write a custom essay sample on Premium Beer Market in Thailand or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Year 2006 In this year, there were many interesting movements occurring in the premium beer market. Beer manufacturers in the premium segment had planned an expansion in their production base to penetrate in other potential segments which were most likely to be the offering in light beer; providing more choices for consumers, containing less amount of alcohol or to be exact, lower than 5%. From the total amount of alcohol contained, although light beers were obviously positioned separately from the premium segment, still, they had become the new face of drinking premium beer which targeting on consumer who loves to drink healthier responded to the healthy concerning issues and rend in nowadays. Most importantly was light beers were actually sold in the cheaper price than premium beers. Plus with the facts that light beer market was still in the introduction stage, holding only 35 million liters in total production quantity or only 2% of the market shares in beer industry; therefore, showed that the light beers market still had more potential growth along the way (Source: Thai Bever age Marketing CO. LTD/Prachachat Newspaper: March 13th 2006) For the entrepreneur in light beers segment, San Miguel, the first brand penetrated into this market, was using the ‘Push Strategy’ in the early stage, implementing the intensive distribution to cover all convenience stores and on-premise market like pubs, bars, and restaurant in order to take advantages of being the first offering in the market. On the other hand, Chang Beer, who had been testing the light beer market since year 2005, decided to officially commercialize Chang Light into the premium market in March 2006; at a price of 45 baht per bottle which contains 4. 2% of alcohol volume; also implementing ‘sport marketing’ or ‘event sponsorship’ through golf and related activities. By March 2006, Singha Light was introduced to the premium market in Thailand. Although Singha was planning to focus on exporting their light beers to penetrate in Europe and America continents, but because of the high volume of alcohol up to 6% containing Singha Beer, it caused them to face with higher tax than the competitors. Plus, most drinkers in those markets preferred drinking beers with low degree of alcohol. Apart from that, Singha Light also put more focuses on driving the local market. Singha spent its marketing budget up to 150 million baht to present â€Å"Singha Light: The North Pole Challenge† in order to seek for 4 Thai persons getting once in a life time chance to travel up to the North Pole. Moreover, in this year, the government sectors had pushed through the new legislative law to be the mandatory for all alcoholic beverages. The law basically consisted of the regulations on selling and having to specific age of buyers, time and place of distribution. In addition, The Food and Drug Administration (FDA or ORYOR) had come up with the restriction of having any kind of advertisements relating to alcoholic beverages except print advertorial section in non-Thai magazines and other media. These regulations were officially brought to used on December 3, 2006 and immediately caused all the billboards, logos, brand related signs to be taken down and prohibited. Pubs, bars, restaurants, and also convenience stores were forced not to put any signs or logos of alcoholic beverage which could be seen clearly from outside the facilities. However, there were some exceptions were allowed in the case of social responsibility or tourism related activities. For example, the regulation stated that the facilities providing alcoholic beverages must also provide other non-alcoholic beverages like drinking water or sparkling/soda water etc. The company name must not be the same or rhyme with the name of the alcoholic drinks brand; and marketing strategy like ‘corporate brand image’ was prohibited like naming the company ‘Beer Thai’. For other marketing promotional tools like using pretty girls, the regulation still allowed them to dress in color to indicate the brand but the logos of the brand on the clothes including umbrella were prohibited; and for the issue of specialties or free giveaways that contained any logos indicating brand was postponed to be reconsider for the appropriateness. Year 2007 With the continuation of rapidly gas price rising situation, it was bad influencing the consumers to construct the negative perspective towards the stability spending and earning in the upcoming future and also directly affected the consumer’s behavior. As observed from the quantity of total beers sold in the early April, which usually the most profitable season of the beer industry; 143. 5 million liters comparing to the average sales from other months 140. 6 million liters or 2. 1%. These numbers obviously reflected the stagnant sales reached as low as 2-3%; dropped from 4-5%; mostly because of the pressure on the purchasing power of consumer due to the government regulation trying to decrease the alcoholic drinks consumption. On the tax regulation issue on beers, The Excise Department had organized into 3 groups and assigned different tax fees depending on each segment. The premium beer will be paying tax at 37 baht/liter; 36 baht/liter for standard market and 28 baht/liter for the economy segment respectively. For the controversial advertising issue since last year was finally settled down in this year with the revised regulations allowing the product image to be on print media but without persuasive messages or any presenter. Also print media was required to put 25% caution message of the total area of the advertisement. And for the mass media especially on television, they had divided into 2 phrases. First phrase, the TV commercials during the 10pm were allowed to put up any logo of the brand to be shown for approximately 5 seconds, and for the second phrase, 30 seconds mark shots were allowed. These changes made had tremendous positive effects to the beer market. However, those regulations were not major obstruction for the beer market. Marketers tried to adjust and improve their strategies and tactics to come up with new way of advertising. Event Marketing was one of their strategies which effectively doubled up the frequency of use. In this year, the expansion of the total beer industry had constructed the 6% growth of both quantity and value. But if we carefully looked through the segments, we would found that the premium beer market had surprisingly decreased by 8%. These were caused by the psychological factors driven consumers’ behavior to decline; plus with the government regulation had made impacts on many brands to seeking for new ways to market their products since back in August 2006 which eventually projected the decline in many firms’ total sales volume. Year 2008 Nowadays, the beer market in Thailand is still holding the attractive market for the imported brands. From the current market condition, we can notice there are many international brands which are trying to penetrate into Thailand’s beer industry to capture their potential market shares; starts off with re-entering of Carlsberg S/A Company, Denmark with the brand ‘Carlsberg’ into Thai beer market; after they had left the Thai market for the last 4-5 years. This comeback of Carlsberg is driven by the their main company in the foreign country; by starting from having the San Miguel’s breweries factory in Pathumthani as their production site. In the meantime, their marketing team has already been put in place and been planning to start their first comeback marketing event in March; and follow with the officially introduction in June. Carlsberg is mainly focusing all their efforts in distribution channel and strategies more than any other aspects. Carlsberg will initiate into the hypermarket and position itself in the same level as Heineken. Apart from that, in March, Thai Beverage Marketing CO. ,LTD. lso has plan preparing the expansion the beer portfolio to cover all the potential markets. Asahi was and still is the leader brand in Japan by having the most market shares in the beer market in Japan; by implementing the intensive distribution as their strategy, available to be purchased everywhere setting the price in the average range. Moreover, there has been improvement in the production procedure and logistics process in order to maintain the freshness and quality of the products and has tried to adjust the taste to be more preferable by Thai drinkers. They started out by focusing mainly on Japanese restaurants in order to construct the new customer base. By the year 2003, they have expanded more of their products into the common market including modern types of distribution channels like supermarkets, hypermarkets, and convenience stores etc. After some recession from the marketing strategies they had been implementing since the end of the year 2003; focusing on the taste of drought beer and plus with the innovative and futuristic of the products under the concept ‘Platinum Beer’ which derived from the sparkle silver-colored wrapped around the bottles and cans. But the selling point is somehow overestimated the perception of Thai drinkers. Therefore, in the year 2004, Asahi had decided to turn the other way around, back to its own origin which was Japan as the selling point along with the message of the bestselling beer in Japan by hoping the J Trend would eventually improve the Asahi Super Dry’s image. The result was quite successful; Asahi had captured the wider market share. By using J Trend, Asahi had effectively reached into the office workers which were employed in the Japanese firm or the group of people who have passionate in Japanese style including college students. Although there was not that large group of buyers, but most of them were likely to be identify as the middle class people, educated and have enough purchasing power. Year 2005 Asahi had decided to renovate the whole marketing strategy by turning to focus mainly on the concept â€Å"Think Difference† with â€Å"Color Marketing Strategy : Universally Communication†. They tried to emphasize on the silver strip on their products to create brand awareness, recognition and recall; distinguished from other brands in premium market. Source : BA Distribution CO. ,LTD. /Prachachat : July 17, 2005) Later on, Asahi had captured more market shares especially the increasing in rural markets; 40% from the eastern and northern part and the rest 60% from Bangkok and Metropolitan. During the second semiannual, Asahi had set the marketing budget up to 120 million baht from the total 180 million baht in order to emphasize on below-the-line 70% and above-the-line 30%. Year 2006 Organizational management structure was rearranged; the management team from Boon Rawd Brewery had come in and totally taken places in all positions in Asahi by deviding the works into two major departments under 4 CEOs; 2 from Japan and 2 from Boon Rawd. Sales department was under the Boon Rawd management team and BA would be taking care all of the marketing activities. Although there was major change in the management team, still they had not changed the positioning of Asahi and maintained its brand as international brand. San Miguel San Miguel first initiated into the beer industry by sponsoring in many golf competition; holding beer booths in many golf courses started from the middle of November and so on. Moreover, San Miguel had distributed their beers through many channels possible. However, San Miguel had the advantages over other competitors in terms of strong financial capability; therefore, San Miguel could use the turnkey operation; letting the 3rd party management team, which specialized in the particular kind of managing, to come in and run the business for them. Year 2005 San Miguel had decided to spend large amount of budget up to 375 million baht to settle down the contract with Pat-Kol Co. ,Ltd. in order to construct 95 rai of ‘Multi-Beverage Production Site’, which could be utilized to manufacture many kinds of beverage like fruit juice, drinking water, ready-to-drink tea/bottled tea, and also soft drinks in Amata City Industrial Park, Rayong. And debut its first brand of beer â€Å"Kirin† 2nd market leader from Japan. Year 2007 San Miguel had specified the marketing policies into major brands like San Miguel’s Low Calories Beer, San Mig Light as followed mandatory from the main headquarter. On the local market, San Miguel offered Blue Ice Beer as a standard brand and Red Horse Beer as an economy brand. These brands were already introduced to the Thai beer market for 2 years but they were intended just to test the market, and will be taken out of the market eventually. In this year, San Miguel had planned to emphasize more in below-the-line marketing; increasing from 60% to 70-80% mainly through pubs, bars, and restaurants in order to directly reach the right group of target; and decreased the above-the-line from 40% down to 20-30%. Moreover, they had planned to join with ‘Sugar Beet Restaurant’ in order to boost sales and build more brand awareness. Federbrau Thai Beverage Public Company Limited has just decided to introduce Federbrau into the premium beer market in order to fill up their beer portfolio. They have started off by distributing through on-premise channel like night clubs, pubs, bars since March by offering three sizes of products which are 630ml large bottle, 330ml small bottle, and 330ml can. These products will be further on distributing into another channel like supermarkets and hypermarkets. Feberbrau Beer is the imported brand from Germany; containing 4. 7% of alcohol volume which is the lightest taste provided nowadays like the word ‘Federbrau’ itself means ‘feather’. It is the first brand in Thailand which keeps practicing ‘Reinheitsgebot’, the law legislated in Germany allowing only 4 ingredients in brewing beer; water, malts, barley hops, and yeasts. Although the law has not passed the qualification of the EU, many breweries has still produced beer following this law in order to project higher standard than other manufacturer. Feberbrau Beer is being brewed by COSMOS Brewery (Thailand) Co. Ltd. , Wangnoi, Phra Nakhon Sri Ayutthaya. Federbrau has planned to position its product as the genuine German beer; offering new choices for consumers though Thai drinkers might not know the story behind their recipe; therefore, it is focusing on sending messages indicating the German-style and creating the adventurous sensation by using blu e color. They are mainly targeting the ages between the ranges of 22-35 who have self confidence, freedom lovers, and have their own lifestyles. For the regulation issues, there are many strict regulations on alcoholic beverages to be complied. But since Federbrau has clearly stated its position, it would not create any conflicts between the brands like Chang Light under Thai Beverage itself unlike the previous conflict between Chang and Archa. The marketing plan of Federbrau for the first 9 months will be mostly focusing on emphasizing on above-the-line rather than below-the-line; all kinds of media including billboard will be used to promote the brand awareness and brand recall by started off in the Bangkok area and then move on to nationwide through TV, radio, newspaper, shop decoration and also holding event to cover all potential market opportunities.

Monday, November 25, 2019

buy custom Western Civilization essay

buy custom Western Civilization essay The ancient Babylon civilization was a great step for mankind to come together in the fertile land of the gulf, traversing through the Valley of Euphrates River also covering the land of the present day Iraq and Iran. The fertile land and water inspired settlement for agriculture that supported other trade and commerce activities that led to the creation of ancient city of Babylon. The race of the Turanians are responsible for the development and progress that come to be known Babylon, while the Mediterranean regions that entails the Black sea and the Caspian seas served as cradle home land for the Semites and Aryans, further South existed the Hamite race civilization region of Egypt (Demirdjian 2). The valley of Euphrates provided an ideal environment for human civilization. The ancient people were farmers and kept cattle and therefore there was a need for plenty of grass and fertile land for agriculture besides a sustainable water supply point. The Euphrates Rivers source was located in the vast mountains of Armenia whose highest peak is Mount Ararat whereby the rivers tributaries arose and trickled down. During summer, the rover flooded down from the mountains with tones of fertile volcanic soil that was deposited in the Valley of Euphrates. People built ditches and canals that were used to irrigate the land such that food production was done all year round (Demirdjian 3). Personal, I would have built a series of dykes and dams that would hold back the flooding water for production of hydro power besides providing water for irrigation. The entire Gulf of Persia would have become an exporting zone for tropical fruits and food as well as other commercial crops. Since Babylon was a merchant centre, I would have increased the opulence of trade and commerce by leasing out land to captured tribes if the local Babylonians were satisfied with the production since there was enough fertile land that would have been used to colonize the hot Arabian land that was always in need of food and clean water. The ancient Babylon sprang from the Sumerian civilization that has existed for thousands of years. Wheat an other cereals were cultivated in ancient Sumerian kingdom before 4500 B.C. Agricultural selection of the best hybrids of grass like cereals enhanced the development of food security. Further, high production of cereals enhanced the development of Mesopotamia that became Babylon once it was consolidated by King Sargon the great (Demirdjian 3). The First known men who organized the kingdom into a viable government was Nimrod the Great who is famed for constructing the great tower of Babel and King Sargon who used his power to unite the Sumerian under the Akkaddian kingdom with one language. Language acted as a cementing factor that allowed the kingdom to concentrate in agricultural, commerce and trade ways of life and a few time battles to remain relevant in the old savage world. Equally, existence of city states across Mesopotamia enhanced the development of Babylon. Each of the city states was remained self-sufficient and sustained by its produce and military affairs. The river provided a good transportation option for farmers and city states. Roads and inlets were built by the city states to spur development and movement of tradable gods and produce. Therefore when King Sargon consolidated the Kingdom, he only created unified political criteria that allowed the former Mesopotamia Sumerians to identify themselves as one nation though the leadership of city states remained irrelevant after the unification. Radically, in order to construct a lasting kingdom or empire there is a need for democratic space while the government takes a keen eye in building a strong defense an offense force. Therefore, King Sargon would have retained the autonomy of city states within Mesopotamia but his rule to use one language was a commendable action that allowed the city state to integrate as one huge Babylon kingdom. Eventually, Sumeria was absorbed into Babylon i n 2340 B.C., the inclusion of the Sumerian mathematics, writing methods and record keeping options become a backbone for development whereby King Hammurabi used the writing technique to draft laws (Texas AM University 3-4). The drafter and written law that come to be known as the codee of Hammurabi is among the ancient coded laws that organized the society politically, socially, and economically accountable for all its deeds. In the code of Hammurabi, there are specific rules and regulations that have to be changed in order to make out democracy in Babylon. For instance false evidence bearing was a discouraged vice in the law. Therefore, a judge was also liable if a witness bore false evidence that resulted in conviction or death of another. However, the law stood as bureaucratic code of conduct that disallowed the judge from altering judgment after giving a verdict. Instead, the law should have allowed people to witness cases, and a jury be appointed to examine the evidence every time there was a need before a verdict was reached. Therefore, personal I would have allowed space for an appeal in which even the Judge could consider the case from all angles. Equally, the code remained oppressive to the ignorant who received goods and stolen produce without knowledge of the source of the goods; If a man has stolen goods from a temple, or house, he shall be put to death; and he that has received the stolen pro perty from him shall be put to death (Hammurabi 6). The code of Hammurabi remained gender sensitive to the extent that women were treated as less equals to men. For example, the law allowed the state to prosecute and drown an adulterous woman while nothing happened to the man responsible. The most predominant culture in the code of Hammurabi is the revenge whereby if a man hit another mans wife and as a consequence, the aggressor mans daughter was killed to avenge (Hammurabi 209-210). However, the code maintained a social outlook than todays laws by allowing a woman to receive enough portions for her up keeping after a divorce (Hammurabi 142). In conclusion, the kingdom of Babylon was organized politically through laws and guidelines that streamline family life, society, trade, and commerce such that expansion of trade and facilitating of democratic justice were the only lacking virtues of the ancient kingdom. Buy custom Western Civilization essay

Friday, November 22, 2019

Aspirin Preparation Case Essay Example for Free

Aspirin Preparation Case Essay * How drugs are discovered and developed Pharmacologist along with chemist focus on a specific disease and unmet patient needs in order to discover new drugs. They search for biological targets within the body that play a role in a given disease. Unique molecules are found or created that some day might be medicines. Lead Compound Selection, is the testing of compounds that might undergo the long expensive drug develop process. Random Screening- uses existing ‘library’ of chemical agents. This is the simplest method but the odds are low and patience is needed. Combinational Chemistry Screening- uses a compound (from existing library) as a base, then randomly adding amino acids or molecule segments of other agents to the base compound in order to enhance the base compounds activity and disease fighting potential. The enhanced compounds are then tested in rapid screening test. However this method is complex and costly but it improves the odds. Target Synthesis- targets the disease for drug intervention. For example High Blood Pressure would be studied in detail. Consequently this method still requires screening of hundreds of compounds and extensive amount of research to understand a particular disease process. Drug Modeling- uses more high technology. This method manipulates chemical structures by computers so that they can attach to, activate or deactivate proteins that interfere with or maintain the body’s normal functioning. The model is used to enhance the properties of the other methods but the cost for designer compounds are significant because of the huge amount of research that is needed to identify biochemical target and establish their molecular structure. * How safety of drugs is checked before being used on the public A drug undergoes 3 clinical phases before being used on the public. This is designed to determine the safety of the new drug, how best to administer it and the correct dosage- (one that will minimize desirable side effects). 20-30 patients (volunteers) are used to find out how the drug behaves in their body, so their blood and urine will be frequently monitored. Even though drugs in this will have been already tested in a laboratory. After the correct dosage has been determined in phase1 clinical trial, it can enter phase2. This trial consists of determining the drug’s effectiveness in treating a specific disease. Phase2 involves more patients (volunteers) and they are tested for the number of platelets in their blood and take frequent blood samples. If the drug being tested brings a positive change in at least 1/5 of the patients then it can be tested in phase3. However if the drug shows very positive effects in-patients, the Food and Drug Administration also have the option of approving the drug for general use at this point. This trial involves hundreds of patients and is divided into two groups. The control group receives a standard treatment (placebo) and the treatment groups are given the new drug. Results are then compared from the two groups. Blinded studies are used to prevent biased study results. If the new successfully passes a phase3 trial the FDA will approve the drug for marketing to the general public. -The acetylsalicylic acid is washed with distilled water until all the acetic acid is removed. -It is pressed to be as dry as possible and then dried more by a current of warm air at 60-70 degrees Celsius. The yield of pure acetylsalicylic acid is between 1780-1795kg per batch using this reaction process. * History of Aspirin and its modern development * How aspirin is prepared on the large scale Main reactor for the process- a glass lined 1500 gallon fitted with a water-cooled reflux condenser, thermometers with automatic temperature register and an efficient agitator. The Mother Liquor- 1532kg of acetic anhydride in 1200kg of toluene (this does not get used up.). The reactor is charged up with the mother liquor. 1382kg of salicylic acid is added to the mother liquor. The reaction mixture is heated to between 85-92 degrees Celsius and kept at this temperature for 20 hours. The reaction mixture is transferred into an aluminum-cooling tank and is allowed to cool for 3-4 days. By the end the cool mixture will have reached room temperature 15-25 degrees Celsius. At this point the acetylsalicylic acid has precipitated as large regular crystals. Mother liquor is removed by filtration or centrifuging. Filtrate solution- 180-270kg of UN-precipitated acetyl acid, 510kg of acetic anhydride, 600kg of acetic acid and 1200kg of toluene. The acetic acid is obtained as a by-product of the acetylation step of the process. An well-agitated reactor using a diffusion plate will introduce Ketene gas, to be passed through the recycled filtrate at a temperature between 15-25 degrees Celsius. When a weight increase of 420.5kg of the Ketene gas is observed, the mother liquor contains 180-270kg of UN-precipitated acetyl acid and 1532kg of acetic anhydride in 1200kg of toluene. The Mother liquor is recycled and 1382kg of Salicylic acid is added to continue the reaction cycle BC- the first and most influential physician wrote about the bitter powder extracted from the willow bark that could ease aches and pains and reduce fever. 1700- The scientist Reverend Edmund Stone found out that the part of the willow tree bark that was bitter and good for fever and pain is a chemical known as Salicin. This converts into another chemical called Salicylic acid when eaten. 1829- A pharmacist known as Leroux showed that Salicin is the active willow ingredient and for the first time an Italian chemist Piria used Salicylic acid to treat pain and swelling in diseases such as Arthritis and to treat fever in illnesses like Influenza. The problem was that these chemicals was causing the users upset stomachs. Some people had bleeding in their digestive tracts from high doses needed to control swelling and pain. It was thought that the reason of stomach upsets were because of the acid in the chemical, therefore the compound Salicylic acid went through a couple of chemical reactions that covered up one of the acidic parts with an ACETYL group, converting it to ACETYLSALICYLIC ACID (ASA). It was found that ASA reduced fever and relieve of pain and swelling but also it was much better for the stomach and worked better than Salicylic Acid. 1899- ASA was given the name ASPIRIN- that comes from the plant relative of a rose that makes SALICYLIC ACID (several plants makes this compound not just willow). Prostaglandin is a chemical that is released to make the nerve ending register an even stronger pain to the brain. It is made in working cells of the damaged tissues by using an enzyme called CYCLOOXYGENASE 2 (COX-2). Prostaglandin makes you feel the pain of the damaged area and causes it to swell up (inflammation), to bathe the tissues in fluid from the blood so that it will protect it and help it heal. Pain serves the purpose here to remind you that the damaged area cannot be used, as it is not healed. However sometimes we endure pain when there is no real reason to. For example Period Pains and Arthritis. It can make people feel really uncomfortable and arthritis can damage joints permanently. ASPIRIN works by locking itself to the enzyme that makes the chemical Prostaglandin. The enzyme C0X-2 that is found in normal tissues but mostly in tissues that have been damaged in some way, can no longer convert floating chemicals into Prostaglandin because they are unable to move with the aspirin lock on. Aspirin does not treat the cause of the pain; it just lowers the pain signals getting through your nerves to the brain. New researches suggest that an aspirin a day is a preventive measure against Heart Attacks. However the effectiveness of aspirin has differential effects depending on genetics. Aspirin Preparation Case. (2017, Jul 30).

Wednesday, November 20, 2019

System development life Cyc Essay Example | Topics and Well Written Essays - 250 words

System development life Cyc - Essay Example Most popular system development method is system development life cycle (SDLC) which supports the business priorities of the organization, solves the identified problem, and fits within the existing organizational structure. System development life cycle is important in developing IT projects, describing the different stages involved in the project designed from the initial stage to its completion. There are various models in the system development life cycle that include; Waterfall model, Iteration model, V-shaped model, Spiral model, and Extreme model that play a great role in software processes. (McGonigle & Mastrian, 2011) The various models have similarities and differences in their functioning. It is noted that the model are all vital in developing systems for different sizes of projects and the various requirements to be achieved in the different projects. Waterfall model and spiral model are the most commonly used models for developing of the systems. Each model has advantages and disadvantages for the development of the systems, thus each model tries to eliminate the disadvantages of the previous model. The Waterfall model is the oldest, thus the models are progressive from the Waterfall model to the extreme model as they get to improve their systems from one model to the

Tuesday, November 19, 2019

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

Law - Essay Example Eventually, this has led to the member states’ attempts to minimize stemming the burden that unbridled movement of persons place on them. The Regulation EEC 1612/68 has already been applied to more than 2 million EU citizens exercising this right. In 1992, the Treaty of Maastricht created the Community model (amended Treaty of Rome), extended responsibility, and focused more on Community integration by exercising such rules. Originally, members of Community defined it as ‘economic activity’. However, this requirement has been abolished and under the new Directives, the nationals of the EU member’s state are classified as â€Å"Union citizens†1. Needless to say, the free movement of workers is secured2. This directly affects the EU member states by proposing and ratifying laws such as secondary law, Regulation (EEC) 1612/68, and Directives 2004/38. This essay will demonstrate and discuss the significance of Article 45, and potential issues such as (a) right to freedom of movement for job-seeker people; (b) right to freedom of movement after a failed marriage; (c) right to freedom of movement for non-married partners; (d) right to received allowances in another member states. Definition of workers: The definition of a ‘worker’ has a wider meaning as defined by the Community. However, it is not defined by the member of states3. For example, key case Lawrie-Brum4 concluded that a trainee teacher is a worker. It expanded the definition of a worker to a person who â€Å"for a certain period performs services for and under the direction of another person and in return receives remuneration†. This has given a broader interpretation of a worker, for example, if somebody works in a religious community he or she is still considered a worker5. This case law added further categories (i.e part-time chamber pupil6, part-time music teachers7, pacer in cycling race8, Professional footballer9); who were also regarded as worke rs because they engaged in an economic activity. The ECJ did not allow everyone because it restricts some categories under this broad worker definition. This is seen in the case of Bettray10. He claimed to be a worker while on drug rehabilitation programme. However, the ECJ declined to classify him as a worker because he was not engaged in any economic activity. However, scholars have heavily criticized it. 1.1 Job seekers: Article 45 (ex Article 39 TEC) gives the European Union citizens the right of movement from one union member nation to another in search of a job. However, Article 45 (3) subjects those rights to limitations because the state can derogate a person on the basis of the â€Å"public policy, public security, and public health†. Under the UK law, Procureur, 11an individual can be lawfully deported because he or she did not secure work within a limited time. However, the Court of Justice stopped a lawful deportation of an Italian job seeker12 by applying Article 45. Conversely, Aritcle14 (4) (b) of Directives 2007/38 allows citizens to enter into member states to seek for employment if they have genuine chances of getting a job. Nonetheless, the job seekers are not entitled to full benefits. Arguably, Antonissen13 and Collins14 confirmed this where the ECJ declined to give social security benefit because they were unsuccessful in looking for a job. In essence, this illustrates that citizens have the right to enter and reside in host country

Saturday, November 16, 2019

Professional Ethical Standards Essay Example for Free

Professional Ethical Standards Essay This paper intends to look into the professional code of ethics of investigators, a career which I am most likely to pursue later. A Career in Criminal Justice that Interests Me   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   I am most likely to become a criminal investigator. This is probably the career in criminal justice that I am most likely to pursue as it interests me greatly. Job Description for the Position   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   An investigator seeks information, analyzes it, and provides it to authorities like lawyers, for instance (Bureau of Labor Statistics, 2008, n. p.). He or she looks for clues that may help â€Å"uncover facts, about legal, criminal, financial, or personal matters† (Bureau of Labor Statistics, 2008, n.p.). An investigator has so many services to offer including: â€Å"executive, corporate, and celebrity protection; pre-employment verification; and individual background profiles† (Bureau of Labor Statistics, 2008, n.p.). He or she may also cover the following: â€Å"computer crimes, such as identity theft, harassing e-mails, and illegal downloading of copyrighted material† (Bureau of Labor Statistics, 2008, n.p.).   In addition to that, they also provide the following: â€Å"assistance in criminal and civil liability cases, insurance claims and fraud, child custody and protection cases, missing persons’ cases, and premarital screening† (Bureau of Labor Statistics, 2008, n.p.). Plus, they also willingly help out in cases wherein infidelity should be established (Bureau of Labor Statistics, 2008, n.p.).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   An investigator works around in computers much as their work involves â€Å"recovery of deleted emails; recovery of deleted documents; getting evidences that will prove prior â€Å"arrests/convictions, civil legal judgments, telephone numbers, motor vehicle registrations, association/club memberships, as well as, photographs† (Bureau of Labor Statistics, 2008, n.p.).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Part of their work is to go on surveillance or search, for instance, they research on how much an individual is making or where he or she works by calling or visiting the workplace of the individual; they also pretend to be somebody else just to carry this out (Bureau of Labor Statistics, 2008, n.p.). He or she may also install â€Å"photographic and video cameras, binoculars, and â€Å"bugs† on phones, and others that investigators often use for surveillance purposes to gather information on an individual† (Bureau of Labor Statistics, 2008, n.p.).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Meanwhile, the duties and responsibilities of an investigator is dependent upon the â€Å"needs of the clients†, if for instance, he or she is investigating a case on fraud, then he or she will stick to this for as long as the client wants or until the case is considered closed   (Bureau of Labor Statistics, 2008, n.p.).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Furthermore, investigators have certain specializations and some of these are the following: â€Å"1) intellectual property theft, wherein their task is to investigate and document acts of piracy, help clients stop illegal activity, and provide intelligence for prosecution and civil action; 2) others specialize in developing financial profiles and asset searches wherein their reports reflect information gathered through interviews, investigation and surveillance, and research, including review of public documents; 3) others are known as â€Å"Computer forensic investigators† who specialize in recovering, analyzing, and presenting data from computers for use in investigations or as evidence and they determine the details of intrusions into computer systems, recover data from encrypted or erased files, and recover e-mails and deleted passwords; and 4) legal investigators who assist in the preparation of criminal defenses, locating of witnesses serving of legal documents, interviewing police and prospective witnesses, and gathering and reviewing evidence and they may also may collect information on the parties to the litigation, take photographs, testify in court, and assemble evidence and reports for trials† (Bureau of Labor Statistics, 2008, n.p.). Professional Code of Ethics   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The professional code of ethics of investigators entails the following:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   First of all, they are obliged to seek the truth (South Carolina Association of Legal Investigators, n.d., n.p.).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Second, they are supposed to be fair and just at all times (South Carolina Association of Legal Investigators, n.d., n.p.).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Third, they are supposed to treat others nicely (South Carolina Association of Legal Investigators, n.d., n.p.).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Fourth, they are not supposed to use their power in a manner that is abusive (South Carolina Association of Legal Investigators, n.d., n.p.). Even if they are authorized to investigate on a certain case or issue, they are still obliged to â€Å"follow the Federal, State, and Local laws† (South Carolina Association of Legal Investigators, n.d., n.p.).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Fifth, they are also obliged to â€Å"know how to collect evidence properly so that they do not compromise its admissibility in court† (South Carolina Association of Legal Investigators, n.d., n.p.).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Sixth, they should be generous enough to cooperate with other investigators and other professionals especially in the â€Å"exchange of information and experience so long as the interest of his client are not compromised† (South Carolina Association of Legal Investigators, n.d., n.p.).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Seventh, they are not allowed to flaunt their works and skills in an unethical way which may â€Å"injure/lessen the dignity and honor of his profession† (South Carolina Association of Legal Investigators, n.d., n.p.).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Eighth, they are obliged to inform the public (if necessary) how they may play a role in serving justice (South Carolina Association of Legal Investigators, n.d., n.p.).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Ninth, they may be allowed to express their own opinion but only based on the facts that they have gathered (South Carolina Association of Legal Investigators, n.d., n.p.).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Tenth, they may not â€Å"disclose, relate or betray, in any fashion, the trust or confidence placed in them by clients, employers, or associates without consent† (South Carolina Association of Legal Investigators, n.d., n.p.).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Eleventh, they may not advocate, recommend, overlook or partake, in any fashion or degree, for any purpose whatsoever, in setting up another individual (South Carolina Association of Legal Investigators, n.d., n.p.).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Twelfth, they cannot accept a certain case/assignment â€Å"if a personal conflict of interest lies therein† (South Carolina Association of Legal Investigators, n.d., n.p.).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Thirteenth, they are obliged to inform their client what they are going to do exactly to solve the case/assignment and will tell the client what their charges/payments are for in a detailed manner (South Carolina Association of Legal Investigators, n.d., n.p.).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Fourteenth, they shall refrain from using techniques or methods that may endanger the lives of other people (South Carolina Association of Legal Investigators, n.d., n.p.).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Fifteenth, they are prohibited to let their personal emotions and judgments meddle with â€Å"factual and truthful disclosures† on the assignments (South Carolina Association of Legal Investigators, n.d., n.p.).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Sixteenth, they are not allowed to â€Å"directly or indirectly injure the professional reputation, prospects or practice of another investigator† (South Carolina Association of Legal Investigators, n.d., n.p.).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Seventeenth, he or she is obliged to report an investigator who is â€Å"guilty of unethical, illegal or unfair practices or designs and he or she will present this information to the proper authority for action† (South Carolina Association of Legal Investigators, n.d., n.p.).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Last but not least, they are prohibited to â€Å"criticize another investigators work except in the proper forum for technical discussion and critique† (South Carolina Association of Legal Investigators, n.d., n.p.). Unique Ethical Standards for the Profession   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   There are several unique ethical standards for the aforementioned profession and these are the following: They cannot accept a certain case/assignment â€Å"if a personal conflict of interest lies therein† (South Carolina Association of Legal Investigators, n.d., n.p.). They are supposed to be fair and just at all times (South Carolina Association of Legal Investigators, n.d., n.p.). They are supposed to treat others nicely (South Carolina Association of Legal Investigators, n.d., n.p.). Two Examples of Potential Ethical Dilemmas Specific to this Profession and the Code of Ethics that it Meant to Discourage   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   If for instance, an investigator is requested to investigate a woman who is thought to be cheating his husband and the woman happened to be a former girlfriend of the investigator who was cheated upon before may pursue the case not for the sake of proving or disproving infidelity but the investigator may just pursue it for the sake of vindication and vengeance. Since there is a conflict of interest, the case may only be jeopardized.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Another example that may pose as a potential ethical dilemma that’s specific to this profession is this: if an investigator happens to meet a person who may play a large role in the closure of a certain case he is working on and the person does not want to cooperate fully, then the investigator may be obliged to treat the individual unfairly, for instance, he may harass the person just so the individual will help him with his case. References Bureau of Labor Statistics. (2008). Private Detectives and Investigators.    Retrieved April 6, 2008 from http://www.bls.gov/oco/content/ocos157.stm South Carolina Association of Legal Investigators. (n.d.). Code of Ethics.    Retrieved April 6, 2008 from http://www.scalinv.com/ethics.htm

Thursday, November 14, 2019

Arthur Kornberg :: essays research papers

A. Personal Information Arthur Kornberg (1918-), American biochemist and physician, claims he has never met â€Å"a dull enzyme.† He has devoted his life to pursuing and purifying these critical protein molecules. His love of science did not spring from a family history rooted in science. He was born on March 3rd, 1918, the son of a sewing machine operator in the sweatshops of the Lower East Side of New York City. His parents, Joseph Aaron Kornberg and Lena Rachel Katz, were immigrant Jews who made great sacrifices to ensure the safety of their family. They had fled Poland, for if they had stayed, they would have been murdered in a German concentration camp. His grandfather had abandoned the paternal family name Queller, of Spanish origin. This was done to escape the fate of the army draft; he had taken the name of Kornberg, a man who had already done his service. His father used their meager earnings to bring and settle his family in New York City and was thrust into the sweatshops as a sewing machi ne operator. He, along with his brother Martin, 13 years older and sister Ella, nine years older, was encouraged by loving parents to obtain a good education. The public school reinforced this ideal. Education was the road of opportunity for social and economic mobility out of the sweatshops. His early education in grade school and Abraham Lincoln High School in Brooklyn was distinguished only by his â€Å"skipping † several grades. There was nothing inspirational about his courses except the teachers’ encouragement to get good grades. When he received a grade of 100 in the New York State Regents Examination, his chemistry teacher glowed with pride. It was the first time in over twenty years of teaching that a student of his had gotten a perfect grade. Arthur was a brilliant student who graduated from high school at the age of fifteen. He enrolled in City College in uptown Manhattan. Competition among a large body of bright and highly motivated students was fierce in all subjects. His high school interest in chemistry carried over into college. After receiving his B.S. degree in biology and chemistry in 1937, and since City College offered no graduate studies or research laboratories at that time, he became one of two hundred pre-med students at the Universi ty of Rochester. All through college he worked as a salesman in his parents’ furnishing store, and earned about $14 a week.

Monday, November 11, 2019

Aseptic Technique Essay

Aseptic technique is employed to maximize and maintain asepsis, the absence of pathogenic organisms, in the clinical setting. The goals of aseptic technique are to protect the patient from infection and to prevent the spread of pathogens. Often, practices that clean (remove dirt and other impurities), sanitize (reduce the number of microorganisms to safe levels), or disinfect (remove most microorganisms but not highly resistant ones) are not sufficient to prevent infection. The Centers for Disease Control and Prevention (CDC) estimates that over 27 million surgical procedures are performed in the United States each year. Surgical site infections are the third most common nosocomial (hospital-acquired) infection and are responsible for longer hospital stays and increased costs to the patient and hospital. Aseptic technique is vital in reducing the morbidity and mortality associated with surgical infections. Description Aseptic technique can be applied in any clinical setting. Pathogens may introduce infection to the patient through contact with the environment, personnel, or equipment. All patients are potentially vulnerable to infection, although certain situations further increase vulnerability, such as extensive burns or immune disorders that disturb the body’s natural defenses. Typical situations that call for aseptic measures include surgery and the insertion of intravenous lines, urinary catheters, and drains. Asepsis in the operating room Aseptic technique is most strictly applied in the operating room because of the direct and often extensive disruption of skin and underlying tissue. Aseptic technique helps to prevent or minimize postoperative infection. The most common source of pathogens that cause surgical site infections is the patient. While microorganisms normally colonize parts in or on the human body without causing disease, infection may result when this endogenous flora is introduced to tissues exposed during surgical procedures. In order to reduce this risk, the patient is prepared or prepped by shaving hair from the surgical site; cleansing with a disinfectant containing such chemicals as iodine, alcohol, or chlorhexidine gluconate; and applying sterile drapes around the surgical site. In all clinical settings, handwashing is an important step in asepsis. The â€Å"2002 Standards, Recommended Practices, and Guidelines† of the Association of Perioperative Registered Nurses (AORN) states that proper handwashing can be â€Å"the single most important measure to reduce the spread of microorganisms.† In general settings, hands are to be washed when visibly soiled, before and after contact with the patient, after contact with other potential sources of microorganisms, before invasive procedures, and after removal of gloves. Proper handwashing for most clinical settings involves removal of jewelry, avoidance of clothing contact with the sink, and a minimum of 10–15 seconds of hand scrubbing with soap, warm water, and vigorous friction. A surgical scrub is performed by members of the surgical team who will come into contact with the sterile field or sterile instruments and equipment. This procedure requires use of a long-acting, powerful, antimicrobial soap on the hands and forearms for a longer period of time than used for typical handwashing. Institutional policy usually designates an acceptable minimum length of time required; the CDC recommends at least two to five minutes of scrubbing. Thorough drying is essential, as moist surfaces invite the presence of pathogens. Contact with the faucet or other potential contaminants should be avoided. The faucet can be turned off with a dry paper towel, or, in many cases, through use of a foot pedal. An important principle of aseptic technique is that fluid (a potential mode of pathogen transmission) flows in the direction of gravity. With this in mind, hands are held below elbows during the surgical scrub and above elbows following the surgical scrub. Despite this careful scrub, bare hands are always considered potential sources of infection. Sterile surgical clothing or protective devices such as gloves, face masks, goggles, and transparent eye/face shields serve as barriers against microorganisms and are donned to maintain asepsis in the operating room. This practice includes covering facial hair, tucking hair out of sight, and removing jewelry or other dangling objects that may harbor unwanted organisms. This garb must be put on with deliberate care to avoid touching external, sterile surfaces with nonsterile objects including the skin. This ensures that potentially contaminated items such as hands and clothing remain behind protective barriers, thus prohibiting inadvertent entry of microorganisms into sterile areas. Personnel assist the surgeon to don gloves and garb and arrange equipment to minimize the risk of contamination. Donning sterile gloves requires specific technique so that the outer glove is not touched by the hand. A large cuff exposing the inner glove is created so that the glove may be grasped during donning. It is essential to avoid touching nonsterile items once sterile gloves are applied; the hands may be kept interlaced to avoid inadvertent contamination. Any break in the glove or touching the glove to a nonsterile surface requires immediate removal and application of new gloves. Asepsis in the operating room or for other invasive procedures is also maintained by creating sterile surgical fields with drapes. Sterile drapes are sterilized linens placed on the patient or around the field to delineate sterile areas. Drapes or wrapped kits of equipment are opened in such a way that the contents do not touch non-sterile items or surfaces. Aspects of this method include opening the furthest areas of a package first, avoiding leaning over the contents, and preventing opened flaps from falling back onto contents. Equipment and supplies also need careful attention. Medical equipment such as surgical instruments can be sterilized by chemical treatment, radiation, gas, or heat. Personnel can take steps to ensure sterility by assessing that sterile packages are dry and intact and checking sterility indicators such as dates or colored tape that changes color when sterile. In the operating room, staff have assignments so that those who have undergone surgical scrub and donning of sterile garb are positioned closer to the patient. Only scrubbed personnel are allowed into the sterile field. Arms of scrubbed staff are to remain within the field at all times, and reaching below the level of the patient or turning away from the sterile field are considered breaches in asepsis. Other â€Å"unscrubbed† staff members are assigned to the perimeter and remain on hand to obtain supplies, acquire assistance, and facilitate communication with outside personnel. Unscrubbed personnel may relay equipment to scrubbed personnel only in a way that preserves the sterile field. For example, an unscrubbed nurse may open a package of forceps in a sterile fashion so that he or she never touches the sterilized inside portion, the scrubbed staff, or the sterile field. The uncontaminated item may either be picked up by a scrubbed staff member or carefully placed on to the sterile field. The environment contains potential hazards that may spread pathogens through movement, touch, or proximity. Interventions such as restricting traffic in the operating room, maintaining positive-pressure airflow (to prevent air from contaminated areas from entering the operating room), or using low-particle generating garb help to minimize environmental hazards.

Saturday, November 9, 2019

Enron And The Decision Making Factor Essay

Introduction – Students, analysts and critics of modern business practice will always consider the colossal Enron collapse as an important text book case about how a lot of different things inside the company can trigger a nearly overnight downfall of a once prestigious company. If there was any Cinderella story in the world of blue chip trading and high portfolio business, Enron was the ultimate opposite, if not the witch herself who was killed by her own lethal potion. The Enron collapse resulted in the formulating of many different opinions pointing to the many different possible reasons why Enron – with all the promise and potential that it has a few years before it went south – made the nosedive that made it one of the worst disasters in the history of trade, commerce and business. There is no doubt that most of the opinions that surfaced explaining the reason why such an eventuality befell Enron placed the blame on the wrong things that the top management echelon did for the company; they are after all the one which is responsible for the present and the future of Enron. Critics looking at the Enron debacle scrutinized what happened leading to the collapse using many different perspectives and considering many different factors, both in the professional capability of the company’s leaders as well as the impact of the surrounding factors beyond Enron’s control. One of the most important facets in the debate regarding the fall of Enron is decision making. Evidently, a lot of wrong decisions were made, with one every wrong decision acting as a building block that eventually became an insurmountable wall of consequences all borne out of wrong or faulty decision making processes that yielded results that did the company more harm than good. Indeed, the decision making linchpins significant to the establishment of the case that the Enron collapse was due in some extent to the decision making aspect of the leadership strata of the company can be identified easily as it is scattered throughout the timeline of Enron’s very near and not so distant past leading to the eventual fall of the company that hid behind the facade of the building the ugliness created by the qualities of its leaders that caused the chaos that burned down Enron down to meager, worthless ashes. This paper will pick the significant moments wherein the decision making capabilities and abilities of its top management leaders were at play and use these moments to establish the ethical and other considerations coming to play during the analysis of the decision making efforts of the leaders and why the outcome of such exercises led to the fall of Enron and not towards the company’s betterment, which is the main task of the company’s top executives. The paper will utilize these occasions to stress its argument regarding the role of effective, ethical and sound decision making of top executives leading to either the success or bankruptcy of companies, in this case that of Enron, and discuss key aspects of this line of thought. The paper will not criminalize the actions of the executives of Enron; rather, it will infuse inputs from other professionals regarding important aspects in the discussion of corporate decision making (ethics, result-orientation, etc). Background – Various angles have already been explored by many different individuals every time the topic of analysis is Enron and its collapse. Because of this, the paper is moving to focus on an aspect that is focused more on Kenneth Lay and the rest of his top executive clique’s personal characteristic that could have played an important role in the outcome of Enron’s operation. Decision making is both a personal characteristic as it is a professional credential, even an asset. Some people are being paid handsome amounts of money for their ability to transform decision making moments into an opportunity that provides a positive result and expected outcome for the company. Ehringer (1995) puts it simply: ‘The ability to make good decisions is the defining quality of our lives’ (Ehringer, 1995, p. 1). When Lay, Skilling, Fastow and other Enron bosses were placed in their respective positions, they were expected to exercise a high level of intuitiveness, business acumen and professional foresight so that every decision making opportunity is met with the company’s best interest long term and short term in mind. They were where they were because those who placed them there believed that they can make decisions to which the company can benefit from. When Enron collapse, many people and organizations criticized the questioned the decision making capabilities of the top executives – was the collapse an effect of the result of the decision that they made? Was the decision made putting the benefit of the company and the employees first, or are the decisions shaped so that it benefited them first? How bad was the breach in the ethical considerations that a professional should take every time he or she makes a decision that puts the future of the company on the line? These are just some of the questions that may also be present in the minds of those who followed the Enron case. Sure there were varying degrees of deception and fraudulent acts from the part of many select individuals who sinned against Enron and its employees, but these cases would have been minimized or even averted altogether if the important decision making privileges was limited to a select few, or if the future-altering decision making capability is disseminated largely among a huge group of people that can provide a check and balance system for Enron. Roberts (2004) explained that ‘ if it is possible for others to make the decisions for a unit, then new options arise to design the decision-making process as well as the incentive schemes to get better performance on both dimensions. For example, the design might specify that a decision about a project arising in one unit that affects another would be implemented if and only if both units agree to it,† (Roberts, 2004, p. 51). Enron is an energy trading firm which was performing well in the early part of its existence. By the start of the 21st century, the problems that the bosses were trying to hide from the public and from the employees started to stank. Soon, events unfolded like dominoes falling one after the other as a consequence of information spilling out into the public’s attention. Before 2004, the public already had a clear idea about how Enron bosses were supposedly the one responsible for the defrauding of the employees and their company shares and other benefits, as well as the one responsible for the bankruptcy of Enron. One by one, key company officials stepped out of the light and implicated a new name, which will in turn implicate a much bigger name, until the dragnet sent out to see who was accountable for the fraudulent acts in Enron caught its top bosses, including Lay, Skilling and Fastow. Many individuals faced criminal charges, and many more simply went home not just jobless but are robbed of lifetime investments which Enron bosses manipulated and soon lost because of the wrong decisions they made on how to run the company and make it prosper and grow. Examples of how Enron management made wrong decisions during decision making moments abound in the history of the company. Take for example what happened in 1987 – instead of declaring the $190 million loss the company experienced, they concealed it instead, leading to criminal charges. This habit of Enron for opting to conceal losses instead of declaring it became a dangerous vice; when Fastow was aboard Enron, the same outlook affected the decision making of Enron, leading to increase in pile of cases wherein Enron through its top management consciously made actions that defraud the employees and the public. There was also the case of poor public relations by Enron which fanned the flames of panic that removed any possible opportunity for Enron to remedy the financial situation without creating hysteria that saw many stockholders selling their stocks due to the continued falling of the stock value of Enron. Statement of Problem – The most important decision that Enron’s executives faced was not the decision on whether or not to publicly announce about the bankruptcy; in fact, there was no decision making factor during that instance since the predicament of the company has already been decided regardless of what the top executives might have opted for: they were flat out broke and the public needs to know about this, that was the situation. The true decision making moment for Enron’s bosses was the time when they were deciding what the best option to take is with regards to the financial aspect of the company, including taxes, earnings and financial loses. It was a matter of facing a decision making task that provided the Enron bosses with two options – to do the right thing, or to opt for something that is morally and ethically inappropriate. The decision reached in this particular decision making instance was laced with the hope that the option they took would be free from serious repercussions and give them enough time to fix it all up again. Unfortunately for Enron, things did not work out as planned, and the criminal liability of the Enron bosses stemmed from the fact that they decided to do something which they consciously knew was detrimental to the welfare of the Enron company and its employees. During that particular instance, Lay could have opted to do the right thing and faced the consequences – by coming clean, he may have a more sympathetic public to support him in whatever efforts he may wish to undertake to revive Enron, and not be faced with the collapsing stock value since those who can sell theirs sell it in a frantic phase to rid themselves of the stock of the company which is nearing imminent bankruptcy. This showed how the people do not give second chances to those who squander their decision making privileges by making decisions bereft of the consideration of the good of the greater many. Decision making – John Hintze (2006), in his discussion about making smart decisions during decision making, used the case of the Enron collapse to open his discussion and establish the fact that problems are something that is foreseen, something that happened nonetheless owing to bad decision making. Hintze wrote, ‘should we have seen 9/11 coming? What about the Enron collapse? The Signs were there; people pointed them out, but the appropriate steps were not taken by those in a position to do something. Why is this? Politics? Greed? Those certainly contributed, but there was something else at work here, too: A failure of common sense in decision making’ (Hintze, 2006, p. 123). Enron: Bad decision making – Nothing can prove more about how bad the decision making went inside Enron camp more convincingly than the fact the company transformed from prosperous to poor overnight. This was the general characteristic of Enron through the traits shown by its leaders that reflect the Enron personality. There were earlier discussions in the paper about snippets on instances pointing to Enron’s penchant for making bad decision or for going to the resolving of a problem utilizing an option that is more questionable. Fox (2004) explained that ‘Enron believed that its expansion into international projects were positive initiatives simply because they put the company in more potential markets. In truth, Enron made bad business decisions that weren’t supported by the deal’s economics. The bad business decisions piled up, stretching from India to Brazil, pressuring the company to do something about its finances’ (Fox, 2004,p. 307). At least at this point, Fox is not pointing at the unethical aspect of the Enron decision making machinery, just the fact that they made decisions that were bad for the future of the company, but not to the extent of deliberately sabotaging the company or putting the company in danger with all known risk for personal gain. For Fox, it was a bad call plain and simple. But the matter of the fact is that not everyone sees it the way Fox does, and there are those who believe that there were ethical breaches in the decision making in Enron among its top bosses. The (absence of) Leaders in decision-making – Decision making in retrospective is one of the common line of thinking used when investigating events that led to growth or debacle. It is because decision making played an important part in shaping the future of the company; it is here where the foundation, or lack of it, was created via the decisions the bosses made or failed to make. To trace the problems or mark significant actions resulting from decision making which eventually resulted to either the success or failure of the company, it is not only the decision making events that are looked back to; the persons that made them were also put under the microscope, and among the qualities scrutinized is their decision making ability and their other characteristics that affect their decision making attitude and behavior. Professionals debate about the idea of a good decision, a bad decision, good intentions and bad intentions and how the good and bad effect that comes into play afterwards account for the overall accountability of a person wielding the power to make decisions that will have a tremendous impact on the future of the company, something which happened in Enron via Lay, Skilling, Fastow and the rest of the top figures of the company. Acuff (2004) explains that ‘if they make a decision that might not have been the decision I would have made, and they come and talk to me about it, we look at it and discuss it. There are a lot of different ways to skin the horse. I don’t go saying my idea is the only one that will get you where you want to go. I hold people accountable for good decision-making. If a bad outcome results from a bad decision – that’s a problem. But if a bad outcome results from a reasonable decision, then that’s business, and it could happen to anyone† (Acuff, 2004, p. 87). This was the predicament of those who are trying to evaluate the decision making actions of Enron top executives – did they make decisions, even bad decisions – with the sake of the company in mind, and gambled with their careers because they know that if their plans and actions go well, it is extremely beneficial for the company, in a very Machiavellian approach towards getting things done regardless of the means by which they did it, or were they just plain guilty of fraudulent actions? People who are burdened by the decision that impacts a lot of people is not always amenable to taking the high and moral grounds, that is why the adage about the end justifying the means, about getting things done at what ever cost, about delivering against the odds became popular because of people like the Enron bosses who (probably) acted upon their decision making duties by risking what can be a popularly bad decision. Indeed, it may be easy or even convenient for most people adversely affected by the Enron collapse to attribute the colossal corporate debacle to the top management figures of the company by criticizing their decisions as well as their faculty for sound decision making. While it is true that Enron’s top executives are responsible for the collapse of the company, it is not that easy to measure the level of ethical decision making attributes of Enron’s top brass. Goethals et al (2004) pointed out that â€Å"the complexity associated with ethical decision making and behavior, especially as it applies to leadership and the workplace, makes the construct extremely difficult to research†, adding that â€Å"Measuring an individual’s level of ethical decision making is challenging, particularly because the measurement instruments that are available have problems with priming and social-desirability effects; that is, questionnaires or other similar modes of data collection cue respondents to give answers that they believe are socially acceptable rather than answers that truly reflect their own actions or opinions (Goethals et. al. , 2004, p. 461). † Proof of which is the fact that all of these executives in question are career corporate leaders even before they joined Enron; their credentials played an important role regarding their selection for a corporate position as high as theirs. Because of this, as well as the factors that affect the credibility of the ability for identification of the real public pulse regarding the persons involved in the issue, ethical decision making levels of the persons involved is hard to ascertain, making claims for questionable ethical decision making consideration of the people lose important ground and stand on insufficient set of stable legs for proof and justification. Still, there are those who believe that the level of ethics that influences the decision making capabilities of the Enron bosses are without a doubt questionable, and this includes Mimi Swartz and Sherron Watkins who was quoted in the book edited by Kathy Fitzpatrick and Carolyn B. Bronstein. In the article, it mentions about how Swartz and Watkins â€Å"blame Ken Lay, former CEO of Enron, and other company executives for privileging greed and arrogance over ethical business decisions† (Fitzpatrick and Bronstein, 2006, p. 79), the gist of the published work co-authored by the two individuals. Nalebuff and Ayres (2006) wrote that ‘the problem often arises because people ignore the costs and benefits that their decisions have on other people. We call this approach â€Å"Why don’t you feel my pain? † The more technical term for these effects is externalities. Decision makers who ignore externalities are bound to make bad decisions† (Nalebuff and Ayres, 2006, p. 67). This explanation greatly tarnishes the ethical value of the decision making ethics of Enron bosses because it shows that they are prone or inclined to make decisions even if the result of such decisions lead to negative effects that other people will experience. Niskanen (2005) believes that Lay, one of the top bosses of Enron, â€Å"should be judged on the basis of his personal actions, directions to subordinates, or the actions of subordinates that he implicitly condoned by knowing about it without attempting to correct – not on the basis of what he should have known† (Niskanen, 2005, p. 6). Lay’s condoning of actions is a result of a personal and professional decision that he made – or failed to make – and because of that, Niskanen believes that Lay is answerable for any criminal charges that would result from that particular action (or inaction). Watkins was thinking of the company and its employees and their future and hers as well, when she made the decision to let her superiors, particularly Lay, know about the possible accounting problems and the making public of the current and real financial and trade status of the company. This clearly illustrates the difference in ethics when it comes to decisio n making. Decision making, ethics and public perception – Decision making in business is not merely a power or a privilege that one can use at will without thinking of the consequences that might happen should the decision resulted into something that is considered as adversely negative and detrimental to the welfare of the employees, their jobs and the company they work for. Those who are provided with such amenity to go along with their job description should consider that it is also their responsibility to make sure that their employees and subordinates do not think that they are squandering away their decision making privilege and everything that goes along with it. This was the prevailing attitude or outlook of the Enron employees especially nearing the imminent collapse of the company. The absence of ethical consideration resulted to the losing of the credibility of the bosses of Enron because they were not careful with how they undertake their decision making tasks. While bankruptcy is something that is very difficult to accept and impacts greatly in the lives of the employees especially the rank and file blue collar workers, there is a sense of adding insult to injury during occasions wherein the employees are starting to realize that all of the unfortunate things that happen in the company and in their careers are all a result of the faulty, incompetent and unethical decision making of the top management echelon and not because the company was helpless in the onslaught of a devastating economic problem, like how companies closed down during the Great Depression despite the efforts of American businessmen to keep the different industries alive and breathing. During the collapse of Enron, the US is experiencing a very stable economy far from that which characterized US economy during the Great Depression, and is shielded securely from the impact of whatever it was that was happening in the global economic and business landscape, and so during the Enron collapse, the collective finger was pointing an accusing index digit to Enron bosses and majority of the cause of their indignation originates from the sloppy decision making capabilities of Enron bosses who lost their credibility the moment they lost Enron. Brazelton and Ammons (2002) wrote in the book they co-wrote: â€Å"The Ethics Resource Center conducted a survey in 2000 in which it learned that 43 percent of respondents believed that their supervisors are generally poor examples of honest managers, and the same number were pressured to compromise their own integrity or that of their organization during decision making. The survey also identified a strong connection between employees’ perceptions of their supervisors and their own ethical behavior (Brazelton and Ammons, 2002, p. 388). † Enron decision making: the two-pronged factors – It can be pointed out that one of the problems that happened to Enron is the ineffective of decision making among top executives – first, their top executives failed to make correct decisions when they are required to do so, and second, Enron was not fully complimented with a set of professionals which could have contributed to the decision making process, and in the process provided the possibility of infusing new or different ideas that could have altered the outcome of the decision making process. Fitzpatrick and Bronstein (2006) did not look exclusively on Enron’s bosses and the decisions they made in the management of Enron and the company’s money and asset, rather, the two editors focused on the absence of a key top management personnel and took the presence of such a void as a sign that Enron is not even prioritizing the welfare of the company and its employees. The book Ethics in Public Relations: Responsible Advocacy, which includes the Enron case as one of the important case studies to point out the importance of the role of public relations, explains that â€Å"perhaps the governance of these companies was such that they did not care about their publics, and did not want the advice of senior-level public relations officer playing an active or dominant role in organizational decision making† (Fitzpatrick and Bronstein, 2006, pg 179). Conclusion – Niskanen (2005) summed up the Enron case on its characteristic of thriving in bad decisions made by its corporate leaders by saying in the book that ‘the most important lesson from the Enron collapse, however, is that Enron failed because of a combination of bad business decisions, not because its accounts were misleading’ adding that ‘the major business decisions that most contributed to its collapse were a series of bad investments, most of which were in the traditional asset-rich industries; the failure to reconcile two quite different business models; and the decision to focus management objectives on reported revenues and earning rather than on the present value of future cash flows’ (Niskanen, 2005, p. 6). Are they poor in decision making, or was the decision making adversely affected by other concerns and priorities outside of Enron that the results of the decision made for Enron looks like those who made the call did not even think about how this course of action will affect Enron? There are no sufficient proofs to point that the case was the latter; for a company that became seventh all in all in the Fortune 500 at least once, it is unthinkable how there will be conscious efforts to sink the company by making wrong decisions, deliberately or not. The point of the paper is not the assertion of the guild of Skilling, Lay or even Fastow, it’s the establishing of the point that decision making, when not handled properly, can turn even the most profitable company into a nose-diving wreck in a short period of time, that decision making plays an important role in how a person defines his or her life and how he or she leads a company and that because of these factors, no one should have an excuse why decision making was taken lightly and without much thought or care. All the people can see is a group of people who made wrong decisions several times, the resulting web and how they got trapped in that web, that is assuming that there was no malice or hidden agenda that the bosses perpetrated in lieu of Enron’s collapse. In the end, only Lay (now deceased) and the elite circle of the Enron executive clique will be the ones who would really know about the truth regarding ethics and the decision making in Enron leading to the collapse of the company. Many would ask, and some would presume, the reasons as well as the level of guilt of these leaders when it comes to breaching the ethical requirements needed when undertaking decision making for a company. Regardless, the decisions they made created far reaching ripples and altered the lives of many individuals who invested not just their time, strength and life’s savings into the company but as well as their but as well as their faith and trust, which are not in shattered pieces because of the bad decisions that Enron executives made. Crawford (2006) further elaborated on the pointed by explaining that ‘bad decisions by a major company, however, cause major disruptions for all of the company’s stakeholders’. He pointed at the case of Enron as one of his examples, saying that ‘the Enron disaster, as one example, certainly had devastating impacts on the lives of most of Enron employees (including the middle managers and professionals who invested in the company-sponsored Enron 401[K] plans) and also caused suffering for many individual investors who purchased Enron stock on the open market. Thousands of other Enron stakeholders, including Enron’s suppliers and customers, also suffered,’ (Crawford, 2006, p. 26). Indeed, Enron’s decision making had a hand in how the company turned out to be.

Thursday, November 7, 2019

The Protestant Ethic and the Spirit of Capitalism

The Protestant Ethic and the Spirit of Capitalism The Protestant Ethic and the Spirit of Capitalism is a book written by sociologist and economist Max Weber in 1904-1905. The original version was in German and it was translated into English by Talcott Parsons in 1930. In the book, Weber argues that Western capitalism developed as a result of the Protestant work ethic. The Protestant Ethic and the Spirit of Capitalism has been highly influential, and it is often considered a founding text in economic sociology and sociology in general. Key Takeaways: The Protestant Ethic and The Spirit Of Capitalism Weber’s famous book set out to understand Western civilization and the development of capitalism.According to Weber, societies influenced by Protestant religions encouraged both accumulating material wealth and living a relatively frugal lifestyle.Because of this accumulation of wealth, individuals began to invest money- which paved the way for the development of capitalism.In this book, Weber also put forward the idea of the â€Å"iron cage,† a theory about why social and economic structures are often resistant to change. The Books Premise The Protestant Ethic and the Spirit of Capitalism is a discussion of Weber’s various religious ideas and economics. Weber argues that Puritan ethics and ideas influenced the development of capitalism. While Weber was influenced by Karl Marx, he was not a Marxist and even criticizes aspects of Marxist theory in this book. Weber begins The Protestant Ethic with a question: What about Western civilization has made it the only civilization to develop certain cultural phenomena to which we like to attribute universal value and significance? According to Weber, only in the West does valid science exist. Weber claims that empirical knowledge and observation that exists elsewhere lacks the rational, systematic, and specialized methodology that is present in the West. Weber argues that the same is true of capitalism- it exists in a sophisticated manner that has never before existed anywhere else in the world. When capitalism is defined as the pursuit of forever-renewable profit, capitalism can be said to be part of every civilization at any time in history. But it is in the West, Weber claims, that it has developed to an extraordinary degree. Weber sets out to understand what it is about the West that has made it so. Webers Conclusions Webers conclusion is a unique one. Weber found that under the influence of Protestant religions, especially Puritanism, individuals were religiously compelled to follow a secular vocation with as much enthusiasm as possible. In other words, hard work and finding success in one’s occupation were highly valued in societies influenced by Protestantism. A person living according to this worldview was therefore more likely to accumulate money. Further, the new religions, such as Calvinism, forbade wastefully using hard-earned money and labeled the purchase of luxuries as a sin. These religions also frowned upon donating money to the poor or to charity because it was seen as promoting beggary. Thus, a conservative, even stingy lifestyle, combined with a work ethic that encouraged people to earn money, resulted in large amounts of available money.   The way these issues were resolved, Weber argued, was to invest the money- a move that gave a large boost to capitalism. In other words, capitalism evolved when the Protestant ethic influenced large numbers of people to engage in work in the secular world, developing their own enterprises and engaging in trade and the accumulation of wealth for investment. In Webers view, the Protestant ethic was, therefore, the driving force behind the mass action that led to the development of capitalism. Importantly, even after religion became less important in society, these norms of hard work and frugality remained, and continued to encourage individuals to pursue material wealth. Weber’s Influence Weber’s theories have been controversial, and other writers have questioned his conclusions. Nevertheless, The Protestant Ethic and the Spirit of Capitalism remains an incredibly influential book, and it has introduced ideas that influenced later scholars. One especially influential idea that Weber articulated in The Protestant Ethic was  the concept of the iron cage. This theory suggests that an economic system  can become a restrictive force that can prevent  change and perpetuate its own failings. Because people are socialized within a particular economic system, Weber claims, they may be unable to imagine a different system. Since Weber’s time, this theory has been quite influential, especially in the Frankfurt School of critical theory. Sources and Additional Reading: Kolbert, Elizabeth. â€Å"Why Work?† The New Yorker (2004, Nov. 21). https://www.newyorker.com/magazine/2004/11/29/why-workâ€Å"Protestant Ethic.† Encyclopaedia Britannica.

Monday, November 4, 2019

Terrorism and the Law (law295) Essay Example | Topics and Well Written Essays - 1750 words

Terrorism and the Law (law295) - Essay Example aterial support as â€Å"any property, tangible or intangible or service, including money, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communication equipment, facilities, weapons, lethal substance, explosives, personnel, transportation, and with the exemption of medicine or religious materials (Samaha 468). The government must be able to prove that the â€Å"donor defendant acted with culpable intent knowledge† so as it is safe to say that such individual has provided material support to a terrorist organization (Samaha 468). There are varying definitions of terrorism which makes it controversial and it is defined by different kinds of laws such as the following: International criminal law, National criminal law (e.g. United States Law Code), and general insurance policies. The United Nations and the council on the suppression of terrorism seek to define it by adopting general legislative measures against it which results to serious legal consequences. As a result to this, the United Nations is encouraging every state to define terrorism in the context of National Law (Saul 141). On the other hand, the Arab Convention is very particular in excluding armed struggle against oppression from the definition of terrorism and its suppression. The threat to right of securing self-determination and independence which can be counteracted by armed struggle in whatever means is particularly excluded in the definition of terrorism (Williamson 59). This therefore paves the way for the difficulty in coming up with universal definition of terrorism. European Convention on the other hand on its suppression of terrorism encourages States to consider terrorism and its acts not as political offences or as being inspired by political motives (Dumitriu 587). The US District Court decision of United States vs. Yunis case stands for the acceptance of certain principles of extraterritorial jurisdiction allowing

Saturday, November 2, 2019

Press Release on Bhp Billiton Issue Essay Example | Topics and Well Written Essays - 500 words

Press Release on Bhp Billiton Issue - Essay Example He also hinted that Woodside has a current petroleum project in the pipeline which will greatly benefit from this take over during its current final stages. Woodside Chief Executive Peter Coleman readily agreed with the statement of Nasser. He explained to the gathered press people that the current project is currently on hold due to budget constraints. Continuing the project would entail another $900 million, an amount which Bhp readily agreed to produce in order to continue the project Nasser and Coleman detailed that the acquisition will start with the 24% holdings purchase of Royal Dutch Shell on Woodside. A move which shall ramp up into the full-blown take over of Woodside in the span of one year. Drawing on an example of a good merger, acquisition or takeover press release you have found on the internet, identify three elements you think are important in a press release of this type. (This is worth 25 % of this assignment and must be no more than half a page in length). A: The elements of a good press release commonly follow the 5 Ws. That is: Who, What, Where, When, Why. Answering these 5 basic questions will already make up the whole press release as these are the pieces of information that the readers are interested in finding out. Another element of a good press release would be the factual element. A press release is not a piece of advertising. Instead, it is all about accurate information dissemination. Finally, a press release must carry an aura of authority in its news.Â