Friday, July 26, 2019

Business to business marketing Article Example | Topics and Well Written Essays - 250 words

Business to business marketing - Article Example The Coca-Cola Company is one of the largest organizations in the world. It has many branches and franchises across the world that do the production on its behalf. Once the production is completed, the company normally distributes the finished products to the various wholesalers. The wholesaler organizations normally make their buying decisions based on the areas they are located and their sales turnover. For instance, if the sales turn over is low, the organizations will not buy much of the drinks. The space they have available for storing the goods will also influence their buying behavior. In most cases, the Coca-Cola Company does most of the marketing but indirectly on behalf of the wholesalers. The company markets directly to the customers. The customers will in turn buy more from the wholesalers who will then be able to make a buying decision from the producers and the various franchises. Therefore, the company stimulates its business to business sales by directly marketing to t he customers and the ramification of this is that the wholesalers and retailers will be influenced to buy the

Thursday, July 25, 2019

Summary and reflection of an Article Assignment Example | Topics and Well Written Essays - 500 words

Summary and reflection of an Article - Assignment Example The authors of the article point out that the issue of match-day attendance is greatly influenced by the uncertainty of the outcomes of the matches. Reduced attendance is attributed to increased uncertainty. High attendance is usually witnessed whenever the fans predict that the chances of their team winning are very high compared to losing or drawing. This has brought about issues of revenue sharing because revenue sharing is pegged on receipt sales and broadcast rights issues. Poor attendance will mean that there will be less revenue to share amongst the stakeholders. However, despite this, intervention measures are less apparent in European soccer. Intervention measures are necessary in order to improve competitive balance. The dynamics of the findings of this research are complex because television viewers have different preferences from fans who view matches at the stadiums (Buraimo and Simmons 154). The findings of this research are quite controversial because the dynamics of watching matches live from stadiums and on television are quite different. I do not agree with the sentiments of the authors when they claim that fans usually attend stadiums because they prefer to see their teams battle it out with teams that they find inferior and easy to beat. This is because whether to watch a match live from the stadium or to watch it from a television from a place of choice all depends on preference. For example, sometimes, in the English Premier League, there are very strong teams that often play together. Just from general observations, it is evident that such matches are usually attended by very many fans. In such matches, it is usually very difficult to determine which team will win the game. This is because both teams playing in such a match are usually very strong and it is difficult to predict which team may win. Despite the fact that both teams are

Wednesday, July 24, 2019

This is an assignment about how companies that were once successful, Essay

This is an assignment about how companies that were once successful, but were undone by disruptive technologies and emerging competition, can come back - Essay Example Nokia must implement the latest technologies to enter the emerging competition. It must change its focus from handset to software, as the industry has changed itself from â€Å"handset-focused to software-focused† system (Brown, para.3). Nokia should consider leaving the old fashioned Symbian software, and should focus on using the new Android software, which other big companies are using and are giving at low prices. For example, Samsung introduced Galaxy pocket starting as low as $100. This beat Nokia drastically. Nokia must also correct it strategic decisions, and should focus on what consumers want through leaving its traditional softwares and technologies and embracing the new ones. It should also introduce new hardware designs which are visually appealing, with more efficient cameras. Nokia should also decide whether it wants to be a smartphone platform provider company, like Apple, or a device builder company, like HTC and Motorolla. Nokia used a mix of both strategies, and this became the reason for its failure. It acted like Apple, but also incorporated its old traditional style of hardware, which was a big mistake in its strategic planning. Hence, for Nokia to regain its market dominance that it has been enjoying in the past, it should focus on correcting its strategies, and should modify itself in order to come at par with the modern

Tuesday, July 23, 2019

Financial Statement Analysis Case Study Example | Topics and Well Written Essays - 500 words

Financial Statement Analysis - Case Study Example This shows that the short-term financial position of Advance Auto Parts and Pep Boys is slightly better than that of AutoZone. While a low current ratio shows that the short term financial position is endangered, a very high current ratio would indicate idleness of working capital. It would mean that cash is not being utilized in an optimal way. For example, the excess cash might be better invested in equipment. A current ratio can be improved by increasing current assets or by decreasing current liabilities. Acquiring a long-term loan instead of short-term debt, selling an idle or less useful fixed asset are some of the many ways of improving the current ratio. The quick ratio (also called 'acid test ratio') indicates the liquidity of a business. The quick ratio looks only at a company's most liquid assets and compares them to current liabilities. It tests whether a business can meet its obligations even if adverse conditions occur. In general, quick ratios between 0.5 and 1 are considered satisfactory as long as the collection of receivables is not expected to slow. AutoZone has a very low quick ratio of 0.173 times.

Monday, July 22, 2019

Interoffice Memorandum Essay Example for Free

Interoffice Memorandum Essay The Tarasoff case involved a murder victim, Tatiana Tarasoff, who was killed by an alleged acquaintance Prosejit Poddar. Poddar was a client of a psychologist employed by the University of California, and during a therapy session he revealed his intent to murder Tatiana Tarasoff. The psychologist assessed Poddar as a danger and informed the campus police, and was held briefly and released. Shortly after Poddar was released he indeed murdered Tatiana. The parents of Tatiana Tarasoff, plaintiffs, sued the school, campus police, therapists and anyone else who had contact. The argument was over whether the third party had the right to be warned and had the right to be protected. The defendants maintained they owed no duty of care to the victim, and were immune from suit. The court stated that when a client presents a serious danger of violence to another there is an obligation, both legal and ethical, to use reasonable care to protect the intended victim against such danger. The therapist must take steps to determine or within their standard of profession determines the danger. This may call for the therapist to warn the intended victim or others likely to apprise the victim of the danger, to notify the police, or to take whatever other steps reasonably necessary under the circumstances. This ruling imposes a liability on all human service professionals to protect a victim from violent acts. There is a duty to protect and a duty to warn the potential third party victims to violence. This may cause implications with the confidentiality of the client-helper relationship and may also cause violent clients to avoid treatment. This indeed will change the environment for human services and confidentiality; as now helpers may need to divulge confidential information to third parties in certain circumstances. The professional necessity of keeping a client’s information private is rooted in the ethical codes as well as in statutory law. As professionals in the human services realm we also have a right to withhold confidential information in a court of law. To stay within the law and the code of ethics that govern us it is necessary to consider the situation from all points of view, develop a list of issues that represent multiple viewpoints, generate the possible decisions on whether to break client confidentiality, and what would the consequences of each decision. Each case in which the outcome of this case may implicate the duty to protect and warn, we must make sure we are addressing every avenue within a small amount of time in case of imminent danger that exists. This will be an adjustment with our client-helper relationships, and must be shared not only with each other but also shared with our clients.

The European Convention on Human Rights and its effect on the UK Judiciary Essay Example for Free

The European Convention on Human Rights and its effect on the UK Judiciary Essay The UK legislation incorporated the provisions of the ECHR or European Convention on Human Rights, with the enactment of the 1998 HRA or Human Rights Act. This measure imposed a grave responsibility on the English judiciary, with which it was in the least experienced. Every individual in the UK has certain rights and this new legislation compels the courts to decide whether any of these rights have been trampled upon by the different measures adopted by the UK government . In the process of this exercise, the judiciary has to scrutinize even the legislative actions of Parliament, and it has to analyze the effect of the acts of the state on individuals or groups. As such, the national courts, while conducting judicial reviews, had concentrated on whether the acts and rulings of government institutions and officials had been within the boundaries prescribed by the extant legislation. In this endeavour, the UK courts had, in general, ignored such transgressions by the Parliament . The enlargement of the scope of their rulings had proved to be quite a daunting task for the judiciary. In addition, section 6 of the Human Rights Act, requires the courts to conform to the rights provided by the ECHR. Any incompatibility with these rights requires the specific sanction of Parliament. Consequently, the courts have to conduct inquiries that are protective in nature and not prosecutorial . The Human Rights Act is efficiently implemented in the UK and it cannot be replaced by a separate Bill of Rights. The UK courts have greater flexibility in pronouncing verdicts and this was enabled by the HRA. The HRA also enabled the UK courts to function along the lines of the ECtHR. The decisions of the UK courts, in the context of human rights, will undoubtedly have an important influence on the jurisprudence of the ECtHR. Thus, the UK is now enjoying the full advantage of the margin of appreciation provided by the Strasbourg court . The provisions of the ECHR have been integrated with the British law through the Human Rights Act. Under section 4 of the HRA, the House of Lords and the Court of Appeal can derogate from the ECHR by declaring incompatibility with the ECHR. However, national courts are not permitted to declare statutes as incompatible with the ECHR. In the event if any national court declaring a statute as being in conflict with the ECHR; or in the event the ECtHR specifying that certain statutes are in conflict with the ECHR, the government can rescind or amend such conflicting statutes, under the provisions of sections 10 and 11. Section 12 of the HRA requires both the Houses of Parliament to pass a resolution, which seeks to implement such remedial orders of the government, which seeks to amend or to repeal a conflicting statute. However, in cases of urgency, a minister can do so and subsequently, seek the necessary approval . In addition, there are other requirements to be fulfilled. First, under section 3, the government must adopt a procedure to interpret the provisions of the HRA and the procedure it adopts must not conflict with the ECHR. Second, the HRA imposes on the public authorities a new legal obligation under which they must not act in a manner that is incompatible with the ECHR. Section 6 of the HRA states that this duty may not apply if a statute specifically requires them to act in such manner. As such, the HRA provides substantial grounds to oppose constitutional principles and the bill of rights . The current situation is that the development of legislation has fallen to the lot of the judges. This is an unprecedented development. The UK judges have to interpret and implement the Human Rights Act, in accordance with the Commission on Human Rights and the jurisprudence of the court; however, this jurisprudence is not binding upon them. Consequently, they enjoy a significant amount of leeway in modifying the tenets of the ECHR to suit the circumstances obtaining in the UK. This makes the courts susceptible to the criticism that they have injected their own values into the legal system . In addition, the ever increasing importance of the judiciary will bring considerable attention to bear on their competence, structure and character. Despite the seeming vividity of the incorporation of the ECHR into the legislation of the UK; the effectiveness of this measure, to a significant extent, is dependent on the stance adopted by the judiciary, in this regard . As such, the European Union is very much seized with the task of engendering human rights, as is evident from its action of specifying a new charter of rights to be implemented on its schedule. This new charter is certain to prove much more effective than the Human Rights Act. This is due to the fact that the UK judiciary would have to uphold the rights bestowed by it, even at the cost of directly overriding the existing legislation . In the United Kingdom the citizens have fundamental rights. These fundamental rights are enforced within certain limitations and are subject to other legislation. The operation of the fundamental rights is usually seen in the context of their negative implications. For example, the right to freedom of speech is respected to the extent to which it does not contravene other legislation. Thus, fundamental rights are enforced only when they do not attract any legal provisions . The UK courts interpret the provisions of section 6(3) (b) of the Act in a restricted and limited manner. This narrow interpretation by the courts results in non inclusion of a majority of government branches in the definition of Public Authority. This ultimately results in the improper implementation of the rights provided by the ECHR in the UK. The courts are taking the institutional position of regulatory bodies in determining whether they are public authorities, under the scope of section 6(3) (b) of the Human Rights Act. In cases of infringement of human rights, the UK courts deal with them by adopting a proportionality test in an effort to arrive at a balanced ruling. This concept is at variance to the narrow interpretation that was being accorded in the past. The UK courts employ a broader and more balanced approach, in order to have greater flexibility in making decisions, in accordance with the precepts European Court of Human Rights. This wider application of the Human Rights Act by the UK Courts is aimed at ensuring the human rights and personal interests of the general public . The United Kingdom has no written constitution. Legal experts consider that in the absence of a written constitution, it is very difficult for the executive or legislature to operate independently. The royal prerogative and parliamentary sovereignty are the basic concepts that shape the UK’s legal order. In WEBB v OUTRIM , Lord Halsbury had stated that an Act of Parliament should be an Act of Parliament and none can go beyond that concept . The HRA integrated the ECHR into the laws of the UK. This enabled the ECtHR to decide human rights cases, of the UK. The UK has to comply with the decisions of the ECtHR. In this manner, the ECtHR gradually assumed control over the British judiciary. It criticised the new Prevention of Terrorism Act 2005, because it infringed the human rights of British citizens who are also citizens of Europe. It pointed out that almost every aspect of the government’s attempt to curb terrorism on British soil was a violation of human rights . The United Kingdom had been a signatory to the ECHR and complied with the Convention. The British courts are directly enforcing the provisions of the ECHR. The HRA had successfully integrated the British law with the ECHR. The domestic courts in the UK are efficiently making use of the ECHR as an interpretative instrument in cases of legislative uncertainty. Individuals whose basic rights have been infringed can take the UK government to the ECtHR by filing a suit before it . This right of individuals can only be used after all domestic legal remedies have proved futile in redressing the wrong done to an individual. Therefore, bringing an appeal before the ECtHR entails a costly and elaborate procedure. However, this situation has been rendered much simpler at present. If a domestic court finds an act to be conflicting with the provisions of ECHR, then that court can directly award relief or remedy to the victim. It may award damages to the extent that it finds appropriate . Such a remedial action may include the award of compensation for damages ensuing from a breach of the ECHR rights. The court may allow the dispute to be relied on in other proceedings. The extensive powers bestowed upon the courts by the ECHR, has generated considerable constitutional objections. . The liberalization of the process of the interpretive method, which is a vital component of the HRA, poses a much greater danger to a democracy, in comparison to the predicted deference of Parliament towards assertions of incompatibility. Apparently, it looks as if there is greater validity for the right of Parliament to decide upon the law to be implemented in the UK, rather than the present interpretive procedure. Nevertheless this right of Parliament is susceptible to the current interpretive methodology . At its worst, the Parliament can enact a piece of legislation at its will and pleasure, and the national courts can rescind it on the grounds that it is not in accordance with the ECHR. The right of Parliament to make laws and the right of the judiciary to interpret them are equally and firmly ensconced. There is near unanimity of agreement regarding the view that it is the prerogative of the courts to interpret the law. This is due to the understanding that it comprises a component of the process of adjudication, which is considered to be its exclusive domain . The upshot is that Parliament cannot discard judicial interpretation of statute. In addition, it cannot express misgivings about the interpretive methods adopted by the judiciary. The reason is that such acts violate the constitution, in addition to being difficult to justify politically. Thus, judicial prerogative is invulnerable to the demands of democracy. In this manner there is the very real danger that the judiciary could make an inroad into legislative authority. This would render the HRA a very potent instrument for stifling or curbing elected governments, and could possible generates a number of doubts regarding its democratic qualities . The ECtHR assumed a secondary place in protecting human rights in Europe, and left the primary task or the active role to the member states’ legal systems. It had reduced its role to a subsidiary position, with respect to the national judiciary. From the perspective of the Convention it did so for two reasons. First, the ECHR had remained as the minimum standard for basic human rights. By assuming this position, it would be easier for the Member States to attach themselves to it without discontent and to easily comply with the minimum standards of human rights protection . The ECHR had aspired to become the first step in the ladder of protection of human rights, and it pre empted any descent below this conceptual ladder. Secondly, it aspired to distance itself from dealing with cases, in which the member states could possibly breach these minimum standards. It is practically impossible for it to deal with each and every case of violation of human rights. Therefore it did not aspire to be a threshold for every claim concerning human rights . This step forced the member states to shoulder the major responsibility for protecting human rights in their states. Article 13 ECHR requires the Member States to be under an obligation to protect the human rights of their citizens. Moreover, the appellants are under an obligation to approach all national legal avenues before invoking the ECtHR. They can approach it only when all other domestic possibilities have been exhausted. This is the prerequisite for the claims to be admitted before the ECtHR . Accordingly, the State courts are required to deal with human rights violation cases, to the extent that the state’s constitution permits them. If they find that there is a conflict between the state’s legislation and the obligations of the Convention, then and only then, the national courts should refer the claims to the ECtHR. In other words, national courts are required to possess knowledge about the provisions of the ECHR and the jurisprudence of ECHR’s institutions. In a similar manner, whenever the Convention imposes certain duties on them, the national courts are required to enforce them. In addition, if the Convention permitted some discretion in these duties, the national courts would have to determine the extent of the applicability of such discretion . The United Kingdom is a signatory to the European Convention on Human Rights. However, it had not integrated the principles of the ECHR into its domestic law until the implementation of the Human Rights Act 1998. The European Court of Human Rights had established that the Convention had not imposed any obligation on the parties to accord a direct effect of the Convention rules. However, it was an implied obligation on the part of the members to incorporate the provisions of the ECHR . Unconstitutionality was a concept which was alien to the English courts. However, over the centuries, the judiciary evolved as an important branch in the British constitution; which enabled the Law Lords to declare Acts of Parliament as unconstitutional. Furthermore, the European Court of Human Rights can also rescind some Acts of Parliament, which are in conflict with the ECHR. Despite these developments, the British judiciary had maintained its role as impartial and capable of providing balanced judgements. At that point of time, the Human Rights Act 1998 was enacted, which further influenced the British judiciary, albeit in a positive manner . The ECHR provided the maximum powers to the courts, like, judicial review and the repealment of offending legislation enacted by Parliament. The traditional concept of Parliamentary Sovereignty is slowly vanishing due to the decisions of the courts, which have been empowered by the ECHR. Therefore, it can be concluded that the adoption of the ECHR has significantly modified the role of the judiciary in the UK.

Sunday, July 21, 2019

The King And The Clown | Analysis

The King And The Clown | Analysis The movie King and the Clown has touched a subject that is considered as a proscribed and outlawed by the Korean society and yet it has struck a chord with the Korean people.The movieKing and the Clown, has some the most marvelous and enthralling performances by the actors. The movie has a controversial theme of homosexuality which has the potential to upset the emotions and mindsets of many of the conservative Koreans, but each element of the movie is so convincing and perfectly played that the causal idea never seems to look vulgar. It has managed to keep the balance in between too shocking or being overly-exaggerated. There are a lot of mixed emotions in the movie which are tied to the characters itself. There is love, hatred, jealousy, trust, anger, surprise remorse, aggressiveness. As the movie goes on, the viewer tends to experience all these feelings, and sometimes even imagine himself in the place of the characters. The ability to connect with the audiences despite being set up on such a controversial topic is what sets the movie apart. Background The movie The King and the Clown has its background set in the Joseon Dynasty. This resembles many of the generic Korean dramas we haves seen in many movies, but the plot here is quite original and well scripted. The story of the movie takes in its center, a band of impecunious and hard-up traveling entertainers. Movies two main characters are Jang-Saeng and Gong-il. They are both lovers. Both of them being of the same sex is quite shocking to many Koreans and also is quite new to be seen in the Korean movies. But the catch here is that Gong-il whose role is being played by actor Lee Jun-ki, has very feminine feature and one could at a thought think of him as a girl; and at some moment one almost want to believe that the actor is a girl. Both of the actors have shared a very strong bond throughout the movie. Some of the scenes of the movie has clearly shown the great chemistry shared by both. It seems that they really look out for one another. In the starting, both of them decide to go to Hanyang (now Seoul), in order to expand their talents and present themselves to a lot more people and make their show bigger and better. It is there that they find many other similarly and hugely talented minstrels and then join their act. Now to do something new and to gain fame and money, ang-Seang, who is the chief of the troupe, they decide to mock the king and his favorite Nok-Su as this would attract a lot of people to their act. Now as their fame spread, one of the kings official get winds of their act and get them arrested for treason against the state. The official then puts a condition in front of them that they have to perform in front of the king and if he likes their show, their life would be spared. This was in fact a plan of the official to let the king know about the injustice and corruption spread in his territory through the mocking. The Kings court Now the role of the King is played by actor Jung Jin-Young who portrays the tyrannical king brilliantly. It is said that the kings character in the movie is based on a real-life king. The king has also got problems of his own and was psychologically disfigured because his mother was forced to commit suicide by the kings of that time and this made him repulsive towards the people and the society. As he grew up, he started showing the signs of unstable caprices of a child who was hurt, wounded and spoiled by that incident. But as the clowns performed, instead of feeling insulted and shameful, the King became very amused with the acts and decided to keep the troupe as court jesters in the kings grand palace. This is truly magnificent as it shows sides of the king which make us believe as the king was a born actor as by chance got his royal bloodline. This could also be interpreted as the kings real or hidden dream. As time passed on the King becomes more and more captivated with Gong-il s bent and sexless beauty. This on the other hand made Jang-Saeng, Nok-su and the ministers feel jealous of Gong-il. The relationship between the two clown Kam Woo-Seong has portrayed the role of the unconditional hero as the masculine clown, Jang-Saeng. Lee Jun-ki has totally and justly become a superstar due to his portrayal of Gong-il who is sensitive and loving, the feminine clown. This has really made us to think that is Lee, Jun-ki gay in real life? This is because of his marvelous performance in the movie. There is so much boldness required to play a character like the one our hero has played. The relationship between the clowns is quite extraordinary. There is a rebellious nature to this dynamics. There is an emotional conflict and a mixture of feelings between the two clowns in the movie Jang-sang and Gong-gil. But this conflict is implied rather than made explicit. This forms an intrinsic element of the movie and has a lot of emotional charge within it. The friendship of Jang-sang and Gong-gil sometimes appear to be platonic; Both of them understand and care about one other and the affinity and the connection between them defines and to an extent, affet their actions and decisions later. But that same affinity also has its down-side. There is frustration, fixation and passion; Jang-sang sulks and hates it when Gong-gil is in the Kings company and prefer it rather than his, and Gong-gil is gloomy and downhearted when Jang-sang isnt around. Their emotional connection is intensified by the script itself and also the viewers interest in their friendship with a lot of intensity attached. Directors views The director Lee Jun Ik has already said that the main point of the story was not to raise the issue of homosexuality but the focus was mainly on the life and the worlds of the travelling clowns. It wanted to show and also facts say that it was very common for the traveling clowns to engage in same-sex relationships in those days. The people were quite poor and it was impossible for them to get a wife in this financial situation. Secondly, there were only men who were traveling in groups together and it was very possible for them to make a bond that was very tight and intimate Conclusion The movie King and the Clown is likely to be said a chronological drama wherein there was lot of emotions attached to it. Also it touched on an issue that is controversial yet is seen vary widely in todays society. Also to say that it had a original plot and highly brilliant actors. The movie very gracefully and tactfully breached one of the subjects that is always been considered taboo. Also the movie has demonstrated how art imitates life. The clown sexuality is completely and willingly accepted in the movie. So one can say that this movie may prove to be a milestone for gay rights and teaches about arts association with life.