Law and Constitution

Introduction Social scientists have subjected the conduct of attorneys to theoretical conceptualization in cases of litigation on the Charter of Rights and Freedoms. A spirited discussion by legal scholars has been advanced to assess the conduct of attorneys in the said litigation.Advertising We will write a custom critical writing sample on Law and Constitution specifically for you for only $16.05 $11/page Learn More The dominant issue in the said debates has been to establish the role of attorneys in cases falling under the Charter of Rights and Freedoms. Largely, legal scholars have contended that the attorney general should exercise impartiality in the mentioned cases since acting otherwise would be a violation of the Constitution. John’s argument John Edwards, in his famous argument, asserts that attorneys are faced with confusion when litigation involves a conflict between a policy and a constitutional duty. Edwards asserted that the Charter of Rights and Freedoms dictates a defined cause of action. On the other hand, the pursuance of the mentioned course of action may conflict with political interests. The role of partisan politics in litigation may change the conduct of the attorney in Charter Rights litigation. Edwards states that the attorney should act in an independent way which is free from the influence of the government. His argument has been endorsed by Ian Scott, a former Ontario attorney. The duties of the attorney general are in continuous conflict with the political wishes of the government. The attorney general being the official government legal representative has a duty to protect the government’s policies, but the attorney general can not be compelled to do so. In defending the Charter Rights, the attorney general should desist from any form of partisan litigation and his/her impartiality should be fostered. In the highly politicized cases, the test of the attorney general’s independence has been tested.Advertising Looking for critical writing on government? Let's see if we can help you! Get your first paper with 15% OFF Learn More Edwards argued that in an event that the attorney general represented the government in the Charter of Rights litigation, he had a constitutional duty to protect the interests of the public. The academic arguments on the independence of the attorney general in the Charter of Rights litigation have been numerous, but there are rare instances when such impartiality has been exercised. Scott agrees with John’s argument while maintaining that the exercise of independence by the attorney general should be determined by the circumstances surrounding each case. At some point, Scott differs partly with John’s argument. According to him, the attorney general should endeavor to make sure that litigation does not compete with policies. This can be achieved through the competent exercise of the attorney general’s r ole in the cabinet. In an event that the attorney general advice is rejected, and a policy which is unconstitutional is formulated, the attorney has a duty to act independently. Paul’s argument On the other hand, Paul Thomas takes the administrative role theory stating that the attorney general has an exclusive duty to support the political wishes of the government. The conflict can be avoided by the attorney general through offering his/her advice to the cabinet before a policy is formulated. In evaluating the author’s arguments, it is essential to note how they failed or succeed. Edward’s argument on independence of the attorney general failed during the same sex related cases whereby the attorney general took the same position with the government.Advertising We will write a custom critical writing sample on Law and Constitution specifically for you for only $16.05 $11/page Learn More The argument by Thomas Paul is conclusive sinc e the same sex related cases proved that the attorney general’s conduct is determined by the government’s policy. John’s argument does not achieve his goal of promoting the attorney general’s independence. On the other hand, Paul’s argument is founded on practicability, and his goal to show that the attorney general participates in policy making is achieved. Conclusion The understanding that the attorney general is the legal representative of the government leads to the conclusion that promotion of government policies in litigation is inevitable. The Independence of the attorney general as put across by John Edward is not conclusive. Thomas Paul’s argument is valid since it portrays the practical conduct of the attorney general in promoting the government’s policies. John’s argument has failed in the same sex marriage cases while Thomas argument has been supported. It is clear that Thomas Paul’s argument has succeeded. This critical writing on Law and Constitution was written and submitted by user Guillermo Larson to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Who Influenced Michael Jordan to Become the Player and Person He is Today essays

Who Influenced Michael Jordan to Become the Player and Person He is Today essays Who Influenced Michael Jordan to Become the Player and Person He is Today? 1. Bye, Bye, Bye (Retirement from the Game) Well everyone has theyre own opinion about Michael Jordan, but one thing is certain, he is a phenomenal athlete with a unique combination of grace, power, artistry and the improvisational ability. He is not only the top player of his Era, but is quite possibly the best player to wear the uniform of a NBA team. He is the most recognizable athlete in the world and is believed to be the best there ever was, is, or ever will be. (NBA.com) A person to this magnitude has obviously a success, being able to have a family of his own and, knowing that there are thousands of people looking up to him, and being many peoples idol. To be able to stand the pressure of being a national symbol of greatness, you have to have a driving force. This driving force has been known to be the edge a lot of people have needed to make it over. Michael Jordans family helped him to fight and become one of the most influential, successful, and professional Michael Jeffrey Jordan was born on February 17, 1963, in Brooklyn, NY, to a proud Deloris and James Jordan. (Nba.com; BioLife.com) Now this very first point may seem like no big deal but its something in itself. Jordan almost wasnt born. In 1963, when Deloris was carrying Mike her mother died unexpectedly causing her to fall into a deep depression and stress period. Fearing a miscarriage the family doctor ordered her to bed rest. (Greene 12; NBA.com) I always said that Michaels birth was like a sign. I lost my mother w ...

Wishing Someone a Happy Birthday in German

Wishing Someone a Happy Birthday in German If youre going to speak the language, its important to learn how to wish someone a happy birthday in German. Before giving birthday greetings, though, you need to know about an important cultural point especially among older Germans: Wishing a German a happy birthday before his special day is considered bad luck, so dont do it. And as for gifts and cards you may want to send, make sure to mark on the package that the recipient should open it only on her birthday or afterward- but never before. There are also a number of ways to say happy birthday in German, but birthday wishes can vary widely whether they are spoken or written, or even depending on where the recipient resides in Germany. Spoken Birthday Expressions The following phrases first show how to say happy birthday in German, followed by the translation in English. Note that the translations are the English equivalents and not literal, word-for-word  translations. Herzlichen Glà ¼ckwunsch zum Geburtstag!   Happy birthday!Alles Gute zum Geburtstag!   Have a good birthday!All das Beste zum Geburtstag!   All the best on your birthday!Viel Glà ¼ck zum Geburtstag!   Best of luck on your birthday!Ich gratuliere Ihnen zu Ihrem 40/50/60 etc.   Congratulations on your 40/50/60th etc. birthday.Herzlichen Glà ¼ckwunsch nachtrglich.   Happy belated birthday. Written Birthday Expressions You can write all of the above-mentioned expressions in a card, but if you want something a little more ausfà ¼hrlicher (detailed), you may want to try some of these expressions. Herzlichen Glà ¼ckwunsch zum Geburtstag und viel Glà ¼ck/Erfolg im neuen Lebensjahr!   Happy birthday and much happiness/success in the new year.Ich wà ¼nsche dir zu deinem Geburtstag alles Liebe und Gute- verbringe einen wunderschà ¶nen Tag im Kreise deiner Lieben.   I wish you all the best on your birthday. May you spend a wonderful day surrounded by those you love.Ich wà ¼nsche dir einen herzlichen Glà ¼ckwunsch zum Geburtstag und alles Liebe und Gute und ganz viel Gesundheit und Spaß. Lass dich schà ¶n feiern.   I wish you a happy birthday and all the best and much health and fun. Have a good time celebrating.Herzlichen Glà ¼ckwunsch und alles Gute zum Geburtstag wà ¼nscht dir (your name).   I wish you happy birthday and all the best on this day.Herzlichen Glà ¼ckwunsch zum (birthday number)sten und alles Gute. Happy Xth birthday and all the best. Happy Birthday From All Over Germany Not every city or town in Germany says happy birthday the same way. You may run into variations in dialect, depending on where you are in the country and where the birthday  Junge oder Mdchen, Mann oder Frau  (boy or girl, man or woman) lives. The city or region is listed on the left, followed by the German happy birthday greeting and then the English translation. Bayern (Bavaria): Ois Guade zu Deim Geburdstog!   Happy birthday!Berlin: Alles Jute ooch zum Jeburtstach!   All the best on your birthday!Friesland: Lokkiche jierdei!   Happy birthday!Hessen (Hesse): Isch gratelier Dir aach zum Geburtstach!   I congratulate you on your birthday.Kà ¶ln (Cologne): Alles Juute zum Jeburtstaach!   All the best  on  your birthday!Norddeutschland (Plattdeutsch - Low German): Ick wà ¼nsch Di alls Gode ton Geburtsdach!   I wish you all the best on your birthday.

Sixth Amendment Essay Example | Topics and Well Written Essays - 500 words

Sixth Amendment - Essay Example The right to a speedy trial is calculated to ensure that the accused is not unduly remanded in custody while awaiting trial. It safeguards against the possibility that an innocent person should have a criminal charge hanging over his head for an unreasonable period of time. (Head) The requirement for a public trial ensures that the judicial process is accountable and that under public scrutiny a public record of the trial will aid in judicial review of the process via the appellate system. The right to an impartial jury is calculated to further ensure that the criminal trial process is free of prejudices and unfairness. Jury selection as practiced reflects the intent of the Sixth Amendment by providing a vetting process that safeguard against jurors serving who might be predisposed to prejudices against the accused person, the victims or the criminal process in general. (Head) It also attempts to aid in the selection of a jurors who have not been or will not be influenced by media re ports so that the accused will only be judged by the facts presented in evidence at his or her trial. The right to confront witnesses is crucial to the element of fairness within the ambit of the Sixth Amendment. It lays the groundwork by which the prosecution is required to meet the burden of proof. At a trial the witnesses are required to provide sworn testimony of the criminal claim with the accused present. The right to confront those witnesses gives way to the practice in which the accused if he decides may either by himself or through his legal council cross-examine those witnesses. The idea is to test the veracity of the evidence and to ensure that the witnesses are credible. By the same measure the accused is entitled to call his own witnesses if he deems necessary. For instance he might be able to present alibi evidence capable of proving that he could not have committed the crime since he was not in the vicinity of the

Marketing Strategy of Nintendo Wii Case Study Example | Topics and Well Written Essays - 1500 words

Marketing Strategy of Nintendo Wii - Case Study Example In most present day strategy literature, competitiveness seems to cover state-of the art thinking. "Strategic positioning is concern with the impact on strategy of the external environment, an organisation's strategic capability (resources and competences) and the expectations and the influence of stakeholders. (Johnson, Scholes& Whittington, 2005:17). Using Porters five forces framework, one will see that the intensity of competition in this market is very high, coming primarily from the market leaders like Sony and Microsoft. How ever, there are some other niche players in Asia and Europe. The Entertainment industry has become diverse especially with the current pace of technological advancement. Buyer's loyalty will be high with respect to those producers who dance to the taste of time (The case of Sony), offer customers a good value for their money and see them as strategic partners and not customers Suppliers tend to have a low bargaining power with the respective dealers. In the entertainment market, mostly the main company set the price including wholesalers and retailers commission. Thus, working with suppliers is not an issue at stake as their switching cost is high. "The influence of words over men is astounding." -- Napoleon. ... With the current level of sales and profit being enjoyed by participants in the market, s threat of potential entrants from China or Asia is high. China is presently considered as an emerging market. A solution for Nintendo will be to offer customers a better value for their money using the marketing mixes. 1.3 Nintendo Strategic marketing Objective "The influence of words over men is astounding." -- Napoleon. As the whole world gears for peace, marketers and other business people talk in terms of war. We see battle words everywhere in business: Japan bashing, corporate raiders, hostile takeovers, cola wars. Marketing is war. With the advent of events, ordinary business executive fancy themselves as warriors. Aggressively attacking weak companies, and defending market shares. Positioning products in people's minds and making them attractive to market segments requires careful formulation of the marketing mix. Getting the right blend of the product, promotion price and distribution is essential to put the carefully carried out analysis into operation. The aim is to portray an image for the product or service that will match with how one wants the product to be visualized in people's mind2. Thus with the recent launching of the Nintendo WII in the UK market, these features were carefully integrated to give the product a break through. Table 1: A summary of what constitute each of the Ps of the 4Ps Product Tangible products Psychological attributes Quality Services Benefits and features Packaging Styling Image Branding Customer service After care Guarantees Image Pricing Selling price Price positioning Distributor margins Credit Discounts Payment methods Price promotions

Multiculturalism and America’s identity Essay Example for Free

Multiculturalism and America’s identity Essay I think multiculturalism strengthens America’s identity By allowing other from other countries come here, accepting them as US citizens, giving the opportunities that we have here in the US that they may not have in their own countries. Many other countries do not have a lot of the freedoms as we do, and allowing and accepting multiculturalism we are showing the world we are a fair and caring country that is open minded to giving others chances and breaks in their lives that they can get within their own country. Multiculturalism is the acceptance of multiple ethnic cultures, where people from different religious backgrounds, countries and tradition are given equitable status in schools, neighborhood, cities and nations. This has given rise to multiculturalism here in America. It has brought a change of social layers, but also made the citizen enjoy equal rights and liberty. It has given us a chance to learn things about other countries, their traditions, religious beliefs, and cultures. Multiculturalism in the US has definitely shown positive aspects and is still supporting a large number of immigrants, who have come here received great education and many have opened their businesses. The only downfalls I see are language barriers, I strongly believe if one lives in the United States they should speak English, it does create some issues in regards to communication. And that many people are not open minded enough to allow others enjoy the freedoms that we do here in the United States, there are many people that feel when people from other countries come here they take away from US citizens.

Using the Formalistic Approach to Analyze Neuromancer :: Neuromancer Essays

Using the Formalistic Approach to Analyze Neuromancer The formalistic approach to an open text allows the reader to decide what is important about the words on the page as well as the reasons and actions of the characters themselves. The reader is then able to derive a reasonable explanation for the plot or even an overall theme of the text. "According to the Handbook of Critical Approaches to Literature "when all the words, phrases, metaphors, images, and symbols are examined in terms of each other and of the whole, any literary text worth our efforts will display its own internal logic" (Guerin 75)." When practicing the formalistic approach, the reader must scrutinize the text for tools such as form, texture, style, symbolism, point of view, theme, and so on to portray the beauty of the novel. William Gibson's Neuromancer portrays many of these tools, but it is most important to focus on the overall tone of the story, which is quite evident in the setting. Concentrating on the portrayal of dystopia and the diction that is used to desc ribe it, as well as the repetitive imagery of the color pink, the reader can detect the dark and dreary tone at a more critical level. Neuromancer continuously represents a dystopia, which is a "bad place", in the setting. This is in contrast to a utopia, which represents a dream world. Neuromancer's settings remain dark, dreary, futuristic, and phony throughout the novel. These characteristics give the reader a sense of sorrow or even a foreshadowing of bad situations. The author portrays this type of setting in the very beginning when he writes, "The sky above the port was the color of television, tuned to a dead channel," (Gibson 3). Already, the reader has an initial look at death and confusion, creating a dismal tone in just the first line. The words even create mystery, leaving the audience in question of what could possibly happen next. Later on in the story, the portrayal of dystopia is still evident when the text states, "Lost, so small amid that dark, hands grown cold, body image fading down corridors of television sky," (Gibson 31). The characters in the novel are unable to escape this dystopian lifestyle since it has taken control of their every thought and action. Besides acting as a dystopia, or "bad place", a fake and phony setting illustrates the tone as well.

Case Analysis of Lenovo M&A IBM PC department Essay

Lenovo Group Limited is a Chinese transnational computer hardware and electronics company. Its operational headquarters are located in Morrisville, North Carolina, United States and its registered office is in Hong Kong. It produces personal computers, tablet computers, mobile phones, workstations, servers, electronic storage devices, IT management software and smart televisions. Lenovo has operations in more than 60 countries and sells its products in around 160 countries. Lenovo was founded in Beijing in 1984 and incorporated in Hong Kong in 1988 under its previous name, Legend. Lenovo is listed on the Hong Kong Stock Exchange and is selected as a  constituent stock of the Hang Seng China-Affiliated Corporations Index. In the 1980s, when market reforms were in progress, the Chinese government hired Liu Chuanzhi to distribute imported computers. In 1984, Liu founded Lenovo with a group of ten engineers and 200,000 yuan in Beijing. Their first significant effort to import televisions was failed. The group could rebuild itself within a year by carrying out quality checks on computers for new buyers. Shortly afterward, Lenovo started developing a circuit board that would allow IBM-compatible personal computers to process Chinese characters. This product was Lenovo’s first major success. Lenovo started to manufacture and launch computers tagging its own brand name in 1990. In 1996, Lenovo’s market share went up to the first place in China, and it launched its first PC. Since then, it developed rapidly and in 2000 it became a constituent of the Hang Seng China-Affiliated Corporations Index. However, Lenovo’s diversification strategy and the competition with the computer manufacturers around the world made Lenovo to loss position. In 2003, the three business lines which include mobile phone, IT and the internet unit lost over hundred million Hong Kong dollar. Even in the line of the PC, the most profitable unit of Lenovo, it should compete with the DELL and HP. The fact that the global market made DELL stronger encouraged Lenovo to focus on its comparative advantages of operational area, the PC and go back to the internationalization strategies. After nine years, Lenovo became the world’s largest PC vendor in 2012 marketing the ThinkPad line of notebook computers and the ThinkCentre line of desktops. Lenovo could success because of its long-term concentration on emerging markets and successful overseas M&As suffering from a low profit margin in the PC business and intense competitions from tablet PCs and smart phones, the company is initiating to diversify its businesses. The most famous M&A case is the merger and acquisition of IBM’s PC unit. In fact, in early 2000, IBM had already represented its willingness to sell their PC unit to Lenovo. Why would IBM sell its renowned PC unit? According to the financial report submitted by the IBM in the year 2004, the PC division lost 397million dollar in 2001, 171 million in 2002, 258 million in 2003, and 139 million in the first half of the 2004. For the successive years, IBM was in a lost position. The active pricing strategies of companies such as Dell, Hewlett-Packard (HP) had a serious impact on the sales of the IBM PC which  means, for IBM, the PC unit is â€Å"tasteless†. Therefore, IBM was to leave unprofitable PC market, and put in more effort in the profitable high-end servers, software and IT services business. However, the acquisition price then is up to 4 billion in US dollar, Lenovo was unable to afford that much. Moreover, Lenovo played a dominant role in the market of mainland China then, so it didn’t accept this proposal. In May 2002, IBM’s CEO Sam Palmisano visited Lenovo to revisit the issues of the two sides. Lenovo had then enthusiasm about the implementation of diversification strategy, but also aware of the importance of the internationalization. Hence, it was possible for later further negotiations. From the end of 2003 to December 8, 2004, this merger continued for an entire year. December 8, 2004, Lenovo publicly announced that the acquisition of IBM’s global PC business is complete. Lenovo’s acquisition of IBM’s personal computer division accelerated entry to foreign markets while improving both its branding and technology. Lenovo paid $1.25 billion for IBM’s computer business, including $650 million in cash, 600 million shares and an additional $500 million of IBM’s debt. This acquisition made Lenovo the third largest computer manufacturer in the world by volume then. After the acquisition completed, Lenovo wanted to take over IBM’s notebook and desktop businesses and other related businesses including its customers, distribution and marketing channels worldwide. With regard to the purchase of IBM’s personal computer division Liu Chuanzhi said, â€Å"We benefited in three ways from the IBM acquisition. We got the ThinkPad brand, IBM’s more advanced PC manufacturing technology and the company’s international resources, such as its global sales channels and operation teams. These three elements have shored up our sales revenue in the past several years.† Besides, Lenovo obtained the 5-year-right to use the brand name of IBM. Acquisition agreement also point that the executive candidate: Stephen Ward (the senior manager of IBM) became the CEO and board directors of Lenovo group. Whereas after the M&A, Lenovo faced various serious problems such as culture differences and the integration of human resources, high salary costs, supply chain issues and the financial distress. However, Lenovo eventually solved the problems and dramatically survived. 1. To solve the problem of the large gap of the salaries between the employees of the Lenovo and the employees of the IBM PC Unit, Lenovo decided not to change the salary of the employees of IBM within 3 years and agreed to transform their stock options into the stock options of Lenovo. And for the three years of time, Lenovo will adjust and establish a unified and equitable salary system. 2. To solve the difficulty of the integration of the brand, Lenovo required at least a five-year-time to launch an independent and prestigious brand. With the agreement between Lenovo and IBM, Lenovo can use the brand name of IBM for five years. After that, Lenovo can only use â€Å"ThinkPad† and â€Å"ThinkCentre†. 3. To solve the supply chain issues, by the end of the year 2005, Lenovo had invited William J. Amalio to charge the position, the CEO of the Lenovo Group, replacing the former CEO, Stephen N. Ward. Amalio made a great effort to optimize and improve the international supply chain system of Lenovo during his tenure. Lenovo started the â€Å"Reconstruction project of the supply chain worldwide† through developing the infrastructure of not only the IT but only the efficiency of the supply chains. 4. The financial distress was a huge obstacle for the progress of Lenovo which carries seriously negative effects. When the acquisition is complete, the net profit of Lenovo decreased significantly from 1092 million Hong Kong dollar in 2005 to 216.528 million Hong Kong dollar in 2006. And the EPS(Earnings per share) of Lenovo also dropped from 14.97 HK cents to 1.95 HK cents. The loss of revenue was due to the loss of the market share of the IBM PC unit. After every possible works, in 2007, Lenovo has basically completed the pre-integration of the PC unit. And the financial indicators seemed all getting better. The profit of Lenovo increased to 1256.88 million Hong Kong dollars, and its EPS increase to 14.35 in 2007. However, Lenovo should endeavor to get a stable condition before they had. In 2008, Lenovo showed the worst financial reports since its acquisition of the IBM PC unit. The profit was only 23.3 million dollar which is 78% of decrease compared with the profit last year. At Feb, 5, 2009, Lenovo announced a loss of 97 million dollar. And at the same time, Lenovo found that it had lost the dominant market share in mainland China. After bearing a really tough time of its own, Lenovo made a right decision during this period of time. Liu’s comeback must be the most correct one. Liu adjusted the company’s business strategies to maintain a desirable share of domestic sales and continue to expand global overseas markets. Lenovo Group  immediately reduced its losses in 2010 and finally, achieved profitability and got a profit of 1,009 million Hong Kong dollar in fiscal year of 2010. Lenovo eventually got survived. 1. The critical successful factors that are the focus of the successful M&A activities 1.1 Synergistic Effect The key of the successful M&A case is whether the merging companies and the merged companies can complement other group’s advantages and make one plus one bigger than two or not. The merging of Lenovo and IBM’s personal-computer department has great synergistic effect in many aspects. It made the remarkable positive value in the synergy of businesses, the synergy of distribution channels, the synergy of the brand and management and the synergy of cost savings. 1.2 Integrated the human resources and resolved the labor cost problem successfully At the first time, there was tremendous difference between Lenovo’s and IBM’s human resources strategies. The major problem was the large salaries gap between Lenovo and IBM, the salaries of previous IBM’s employees made great cost expenses. In order to retain the previous IBM’s employees and reduce the discontent of Lenovo’s employees, Lenovo gave itself three years of transitional period and formed a unified and equitable paying system within three years. 1.3 Resolved the difficulty of blending two brands Many companies try to increase their sales amounts and seek growth of revenue by developing new products. And the co-branding strategy is one of the effective methods to provide a way to produce new and profitable products. Lenovo planned to utilize the well-known brand name of IBM in order to access to the international market hence increase the revenue. However, merging two brands caused brand meaning to transfer in unexpected ways that were never intended. Through signing an agreement to obtain the right which is allow Lenovo to use the trademark of IBM for five years, Lenovo could use the buffering time to make the global computer users worldwide to recognize its half-new name. In 2011, Lenovo took over the Acer and became the world third largest PC supplier globally. We can see that Lenovo has gradually built its reputation in the international market around the world so far. 1.4 Well-designed corporate management plan After the acquisition, Lenovo experienced a tough time in transition, with serious financial hardship as well as plummeting the price of stock. In order to resolve these problems, Chuanzhi Liu designed an accurate scheme with two steps forward to make Lenovo achieve success in the acquisition. Owing the accurate action, Lenovo could eventually break the stalemate and achieve brilliant success in profit again in 2010 as it shows below. 2009 2010 EPSï ¼Ë†HK centsï ¼â€° -19.97 10.37 Net incomeï ¼Ë†million HKDï ¼â€° -1765.83 1009.07 ROAï ¼Ë†%ï ¼â€° -3.42 1.44 ROEï ¼Ë†%ï ¼â€° -17.27 8.06 The profit index of Lenovo in 2009, 2010 2. The summary of lessons learned which made the factors successful 2.1 Synergistic Effect There are several synergistic effects in the case of Lenovo M&A IBM PC department. Complementing IBM’s and Lenovo’s advantages, Lenovo are able to increase its market share and the revenue, reduce the cost and finally manage the firm to be effective in full operation. Firstly, one of key driving forces for the successful M&A was that IBM has already penetrated the global large enterprises’ market whereas Lenovo have relatively the small enterprises’ market in terms of scope of their activities and the consumers’ market. However, after the merge with IBM PC department, Lenovo  expands its business share thus increases the bottom line. Secondly, it was the synergy of distribution channel. Lenovo has an internationalization strategy that â€Å"Attracting-In† and â€Å"Walking-Out† while IBM which is a globally mature large entity has tones of successful distribution channels all over the map and the corresponding sales teams and managing groups. By merging IBM’s PC department, Lenovo is able to combine the domestic and international distribution channels and it gains the international market at a relatively cheaper cost. At the third place, the synergy of the brand and management. After merging, Lenovo processes IBM’s THINK series brand and their patents, two R&D centers and retention of the previous IBM’s top executive board. Lenovo maintains the competitive advantages of IBM’s PS department, the leading R&D as well as the product innovation capability. At the forth place, the synergy of cost saving. Lenovo did not have competitive advantages regarding of invention cycle and the integration of the whole industry chain. After merging, Lenovo cut IBM’s money-consuming outsourcing businesses, and then optimize its supply chain. As a result, save a great deal of cost. 2.2 Integrated the human resources and resolved the labor cost problem successfully At first, there was an immense difference in their strategies between two companies. Lenovo paid attention solely in the internal training among skilled and outstanding people while IBM’s training mechanism was far improved. Lenovo hires employees according to the degree of agreeing its corporate culture whereas IBM focuses on morality. The most practical issue seemed to be the cost of labour. The total amount wages of IBM’s employees was much greater than Lenovo’s. IBM’s employees enjoyed wages about seven times more than Lenovo’s among the same level positions. Lenovo determined to stick to the wage level of the previous IBM’s executives within three years and also their IBM’s stock options exchange to Lenovo’s in the same amount. In three years, they gradually prepared to form an integrated payroll system. In which case, Lenovo retained the IBM previous technicians and the top executive group which are definitely crucial assets for Lenovo. 2.3 Resolved the difficulty of blending two brands IBM’s brand value is fairly influential and stable, maintaining its name value at top three for 6 years (2001 to 2006) whilst Lenovo did not gain much global reputation before the merging. In order to keep the competitiveness of IBM’s global PC business and settle the problems of blending two brands in a steady state, Lenovo and IBM got in terms that Lenovo would be able to use the trademark of IBM in five years, after five years, Lenovo can only us ThinkPad and ThinkCentre. Hence, the co-branding strategy for Lenovo to merge with IBM’s PC department was quite fruitful which did not hurt IBM’s reputation and during the buffer time, Lenovo are able to increase its popularity worldwide with the brand of IBM, after five years, Lenovo earned its own reputation. 2.4 Well-designed corporate management plan Lenovo has made a pivotal management plan after M&A strived to unravel the financial difficulties. STEP ONE: In order to stabilize overseas customers after the acquisition as well as to learn know-how from advanced International management team, Lenovo selected two foreign managers as CEO in roll, Stephen Ward(the senior manager of IBM) and Amelio (the ex-vice CEO of DELL). During this term, the primary task for the Chinese senior managers is to learn in despite of unpleasant situation. Stephen Ward stabilized the original employees of IBM and customers, which plays a central role in reducing the flow of employees and customers. Amelio constantly induced the efficiency management of DELL to Lenovo, cut uncalled for staff member, and streamlined the whole management structure. During that period, Lenovo accomplished a high level of profit of more than 40 million dollars. Moreover, Chinese managers had acquired a bulk of experience in multicultural corporation management and stored a pool of the capable employees for future development. STEP TWO: Restructured foreign CEOs that are near-sighted and lack in courage to enlarge business and reemployed the reliable and outgoing Chinese senior management crew after 4 years. This step established the desire of original employees of Lenovo and released the inner power of Lenovo storing for 4 years. 3. What should the company do next to improve its post-M&A initiatives Lenovo cannot survive after the M&A if it cannot provide valuable product, so it  should focus on further research and development. Lenovo should adhere to its innovative corporate culture. Lenovo Group has established a R&D team which has three core research locations—China, The US and Japan. And the team is closely connected with the business department. Within Lenovo group, they called this enormous system, â€Å"Global innovation triangle†. After the acquisition, Lenovo was faced with new challenge, that is, the culture conflict; the difference between the two countries may force the former employees of IBM to leave Lenovo. So that Lenovo should respect the autonomy of overseas R&D centers. Powers are returning to the engineers, and even the appearance of the new headquarters of Lenovo in the Raleigh, US, is designed by the senior director David and his American team, and it impossible under IBM’s rule. And this is a very good beginning. Even though Lenovo has a global marketing channel after the acquisition of IBM PC unit, it needs a more proactive marketing team. The sales team of IBM just issued orders for Lenovo but never take active steps to find new customers. The acquisition of IBM PC leads to a loss of the customers such as the US government, so that the marketing team of Lenovo should improve its skills to find new customers. Lenovo should deepen its internationalization achievements. Since Lenovo’s success is attributed to its long-term target on emerging markets and successful overseas M&A, it should run a good business of the corporations it merged. Lenovo should shape itself for the global market. Positioning is always the critical issue that the Chinese companies ignore, and it is the reason why Chinese company can hardly last longer than other in western countries. After the positioning, Lenovo should rationalize their pricing strategy. The value of the product is an important factor to concern; Lenovo can no longer make low-price strategy to survive in the global market. Lenovo should rather concern about the demand of their target customers, and make valuable and long-lasting product for them. Since China is concerning about the industrial upgrading, Lenovo should grasp this opportunity, and actively develop new smart phones, tablet PCs, smart TVs to promote the association to achieve the leap from PC to PC +. Conclusion In conclusion, the traditional era of homogeneous workforce has begun to  change. With the quickly changing social structure and emergence of new technology, a heterogeneous workforce is currently essential to market’s needs. In the past few years, China has emerged as the most potential market with a huge population, rapidly growing domestic demand and low cost of production. Many multinational companies have been trying to get a footing in China in order to obtain their competitive advantages. Consequently, that has posed serious challenges to the Chinese local producers in competing with these large giants. In order to survive and boost businesses growth, many business need to expand its market beyond the home base. There are many entry modes that may help firms business move into the international market. After the M&A has taken place, organization needs to pay extra attention on the strategy it chose to adopt to integrate the culture of the two companies to keep the smoothness of the organisation operation and performance. From the case study of Lenovo and IBM, a number of important conclusions can be drawn. For a Chinese company like Lenovo, the main motives for its embarking on M&A with IBM PC-D were its need for international branding to gain access to international customers as well as its need to be equipped with technology. As mentioned previously, Chinese products have always been marketed at the lower end of the product line with low costs and poor quality. Acquiring a well-known international brand is considered to be the fastest route to changing these intolerable perceptions of the consumers towards Chinese products and booting up its product image. Under this special circumstance, the need for branding is deemed the most important for a Chinese company to expand into international market. The case of Lenovo’s adopting a separate management mode to manage IBM PC department team was different from those described in the literature. The acquiring company is the very one that encourages the acquired team to preserve and maintain its own management system and procedure. Among the reasons behind this move, the most curial factor affecting this decision is fixed length of time agreed by IBM to allow Lenovo to use the brand ThinkPad. With this fixed term of a five-year period posted to Lenovo has to make best effort to build up its own brand â€Å"Lenovo† within this period. Therefore, it is sensible for Lenovo to encourage IBM PC department to maintain its own system and focus on digging the target in time. The use of culture integration committee in the case study of Lenovo has been very useful and helpful for members to  understand and become more aware of the differences it may occur among them. The committee has set up several activities such as culture discovery newsletter and discussion forums to encourage communication between two teams. These arrangements have been well received by the employees with active participation and enthusiasm. Therefore, it is believed that this strategy may well be recommended for organisations to encourage communication between employees.

Nunal Sa Tubig Essay

1. Logline A story of a community living on Laguna de Bay where the main source of living is fishing and how the residents of this island is affected by progress, poverty, ignorance, neglect and the dark side of big businesses. 2. Protagonist One of the protagonists in the film is Mang Jacob. He was a war veteran who expresses grief over the changes in their island wherein the lake was getting polluted by nearby industries and many of the fish were dying. After looking back on how tranquil and serene their island was, he wishes that it could all come back. He condemns modern changes which cause more suffering than improvement in their island. 3. Obstacles The main struggle of the residents of the island is the fact that their livelihood was being highly affected by all the modern practices like the development of industries nearby. Though there were scenes that showed the island looking serene and static, behind that was the restlessness of the people and the contradictions of social realities that they were confronted with. The people in the island were struggling for a place and identity. 4. Theme The movie shows a contrasting theme of life and death, fertility and barrenness. It shows some ironies in life like the destruction of the environment being necessary to make way for progress or even contemporary changes resulting to more burden than improvement. 5. My take on the Film I personally can see the current state of our country with the situation of the people in the island in a sense that despite the efforts for improvement and modernization, a lot of things are taken for granted most especially our natural resources. Thus, making the movie socially relevant. On the technical side, the delivery of the film was interesting since the narrative was not told in a strictly linear way. Various scenes and occurrences were interspersed. Scenes of village life alternating with the events in the city made the film less boring and more attention-grabbing. Also, I like it that contrasts and ironies were frequently emphasize. Overall, the film was worth watching.

Validez en EE.UU. de matrimonio celebrado en otro país

Validez en EE.UU. de matrimonio celebrado en otro paà ­s Estados Unidos reconoce como vlidos los matrimonios celebrados en otros paà ­ses siempre y cuando cumplan todos los requisitos exigidos por la ley que aplica en el lugar de la boda. Esto aplica tanto a matrimonios entre una mujer y un varà ³n como a la unià ³n entre dos personas del mismo sexo. Como consecuencia de este reconocimiento de la validez del matrimonio celebrado fuera de EE.UU. se derivan dos efectos. En primer lugar, si una persona que se casà ³ en otro paà ­s desea contraer un nuevo matrimonio deber ser viuda, anular su divorcio o proceder a divorciarse, lo cual puede hacer aà ºn cuando no tenga nacionalidad estadounidense y matrimonio se hubiera celebrado en otro paà ­s. En segundo lugar, por matrimonio como ciudadano estadounidense o residente permanente legal es posible emigrar a los Estados Unidos sacando una tarjeta de residencia conocida como green card si cumple con todos los requisitos que exige la ley migratoria. Puntos clave: validez en EE.UU. de matrimonio celebrado en otro paà ­s Si el matrimonio es vlido segà ºn la ley del paà ­s en el que se celebra, es vlido en EE.UU.Los oficiales consulares de EE.UU. no celebran matrimonios.El matrimonio con ciudadano o residente, por sà ­ mismo, no da derecho a emigrar a EE.UU.Para emigrar a EE.UU. por matrimonio, el ciudadano o residente debe pedir a su cà ³nyuge Respeto por las leyes locales que regulan el matrimonio Para que Inmigracià ³n de Estados Unidos reconozca como vlido a un matrimonio celebrado en el extranjero, à ©ste debe ajustarse a la ley local del lugar en el que la pareja se casà ³. Hay que tener en cuenta que en algunos paà ­ses se exige a los dos novios tener la residencia allà ­ para poder casarse. Adems, si uno de los contrayentes es menor de edad se va a pedir algà ºn tipo de autorizacià ³n de los padres o tutores. Incluso en algunos paà ­ses se exigen determinados anlisis de sangre, requisito que hay que cumplir si es que asà ­ se pide legalmente. Ya que para que EE.UU. reconozca como matrimonio vlido que cumpla con las leyes locales, en el caso de parejas gays es imprescindible celebrar la boda en un estado o en un paà ­s donde es legal. Si no se hace asà ­, no tendr efectos migratorios. En otras palabras, el ciudadano o residente no podr pedir los papeles para su cà ³nyuge, porque EE.UU. considera que no estn casados legalmente. Problemas del matrimonio por poderes para Inmigracià ³n Si la intencià ³n es pedir la tarjeta de residencia permanente para el cà ³nyuge extranjero, se recomienda no casarse por poderes. Las leyes migratorias de EE.UU. exigen que el matrimonio se consume antes de aprobar cualquier peticià ³n por esta causa. Los matrimonios por poderes pueden crear la sospecha de que matrimonio no se ha consumado o que se trata de un matrimonio de conveniencia para sacar los papeles. Documentos  para casarse fuera de EE.UU. El ciudadano estadounidense que se casa en el extranjero deber probar quià ©n es mediante  una identificacià ³n con foto, generalmente el pasaporte americano vigente. Adems es normal que se pida documentacià ³n adicional, como copia de la partida o certificado de nacimiento. Si el contrayente ha estado casado previamente  deber presentar la sentencia del divorcio o la nulidad o el certificado de viudedad. Hay que tener en cuenta que posiblemente se pida que estos documentos sean traducidos al idioma del paà ­s en el que tendr lugar la ceremonia. Por otra parte una vez celebrado el matrimonio fuera de los Estados Unidos ser necesario traducir al inglà ©s el certificado de matrimonio para su uso migratorio. La  traduccià ³n puede hacerla cualquier persona con un conocimiento fluido del inglà ©s y del otro idioma y se necesita certificar la traduccià ³n, lo cual puede hacerse siguiendo un modelo de carta. Autentificacià ³n de documentos de matrimonios celebrados en el extranjero Dependiendo del uso que se quiera dar dentro de Estados Unidos al certificado de matrimonio de celebrado en otro paà ­s es posible que se necesite una autentificacià ³n, que puede ser de dos tipos. En primer lugar, un sello que se conoce como  apostilla de la Haya. La mayorà ­a de los paà ­ses de habla hispana forman parte del Convenio de la Haya y ese sello es el que se necesita para legalizar el certificado de matrimonio que se desea utilizar en Estados Unidos. En segundo lugar, para los paà ­ses que no forman parte de este convenio ser necesario obtener una certificacià ³n de legalidad. Cabe destacar que, para trmites con el Servicio de Inmigracià ³n y Ciudadanà ­a (USCIS, por sus siglas en inglà ©s), por regla general es suficiente una traduccià ³n certificada y no se exige la apostilla de la Haya.  ¿Bodas en embajadas y consulados  de EE.UU.? Ni los cà ³nsules ni ningà ºn oficial de las oficinas diplomticas de los Estados Unidos est autorizado para celebrar bodas en el extranjero. Por ello, sà ³lo en casos muy excepcionales es posible que un matrimonio tenga lugar en el edificio de una embajada o un consulado. Sin embargo, en algunos casos los consulados sà ­ que prestan un servicio necesario cuando algunos paà ­ses se exige por parte del contrayente extranjero una declaracià ³n jurada de que tiene la capacidad legal para contraer matrimonio. Este tipo de declaraciones se pueden prestar ante un oficial consular americano que tienen poder para actuar como notarios pà ºblicos en el extranjero. Traer al cà ³nyuge extranjero a vivir a Estados Unidos El matrimonio con un ciudadano americano o residente, por sà ­ solo, no da derecho a viajar a Estados Unidos ni a permanecer en el paà ­s para a vivir y trabajar. Si la intencià ³n del nuevo matrimonio es vivir en EE.UU, el cà ³nyuge estadounidense o el residente permanente debe pedir una tarjeta de residencia por matrimonio para su esposo o mujer y tambià ©n para los hijastros, si se cumplen condiciones estrictas de edad. Adems, los ciudadanos estadounidenses –pero no los residentes– tienen la opcià ³n de solicitar una visa K-3  para su cà ³nyuge y una K-4 hijos o hijastros en vez de seguir el proceso ordinario de peticià ³n de cà ³nyuge. En realidad estas son unas visas muy poco utilizadas y solo son convenientes cuando los plazos de tramitacià ³n de la peticià ³n ordinaria de la green card para cà ³nyuge de ciudadano son muy largos. En estos casos siempre es mejor estar aconsejado por un abogado migratorio. En los casos de cà ³nyuge extranjero fuera de EE.UU. y ciudadano o residente en los EE.UU. existe la tentacià ³n de que en vez de iniciar un proceso de peticià ³n de la green card el cà ³nyuge extranjero ingrese como turista a los Estados Unidos y luego solicitar un ajuste de estatus para obtener la green card. Esa opcià ³n no es la correcta desde el punto de vista migratorio y puede dar lugar a que no se le permita el ingreso al paà ­s y se le expulse en el puesto de control migratorio o, si consigue ingresar, no se le apruebe la peticià ³n de green card. Esto es asà ­ porque se puede considerar que ingresà ³ al paà ­s en fraude de ley al utilizar un estatus de turista cuando su intencià ³n era ingresar a EE.UU. para quedarse. En estos casos la intencià ³n es fundamental y es recomendable aconsejarse con un abogado para evitar problemas con el USCIS cuando se presente la solicitud de la green card. Finalmente, cabe destacar que en los casos en los que el  ciudadano  que desea traer a vivir a Estados Unidos a su esposo extranjero puede tener problemas muy particulares si el estadounidense siempre o en los à ºltimos aà ±os ha residido fuera de los Estados Unidos. El problema es que podrà ­a ser difà ­cil probar medios econà ³micos suficientes para patrocinar, tal y como lo pide la ley. Adems, para pedir los papeles se exige que el patrocinador resida o tenga como residencia principal los EE.UU. Condicionalidad de la green card En muchos casos, la green card que se obtiene por matrimonio con un ciudadano es condicional por dos aà ±os. Es lo que se conoce como CR-1. En estos casos se exige activamente levantar la condicionalidad.  Esto ocurre cuando la residencia se otorga antes de que la pareja lleve dos aà ±os de casados. Por el contrario, si el cà ³nyuge extranjero de un ciudadano obtiene su tarjeta de residencia despuà ©s de haber cumplido el segundo aniversario de casado su visa de inmigrante es una IR-1 y es definitiva, es decir, no necesita levantar ninguna condicionalidad. Matrimonios de conveniencia Las autoridades migratorias son conscientes de que a veces los matrimonios son una farsa y su à ºnico objetivo es obtener la green card. Cuando se llega a esa conclusià ³n puede haber consecuencias serias. Adems, durante la tramitacià ³n de los papeles puede suceder que se lleven a cabo investigaciones para intentar determinar si el matrimonio es real y siempre existe el riesgo de una denuncia anà ³nima sobre la finalidad del matrimonio. Test de respuestas mà ºltiples Para entender la green card, cà ³mo obtenerla, obligaciones, derechos, cà ³mo conservarla y cà ³mo es posible perderla por cancelacià ³n es importante tener los conocimientos bsicos.   Este test de respuestas mà ºltiples es muy aconsejable ya que el conocimiento evita meterse en problemas de los que luego es difà ­cil salir. Este es un artà ­culo informativo. No es asesorà ­a legal.

Terms You Might Not Know Are Considered Racist

Terms You Might Not Know Are Considered Racist Some racist terms have been included in the American vocabulary for so long that many who use them are often clueless about their origins. Boy In most situations, the word boy is not a problem. Used to describe an African American man, however, the word is troublesome. Thats because historically whites routinely described black men as boys to suggest African Americans werent on equal footing with them. Both during and after slavery, African Americans werent viewed as full-fledged people but as mentally, physically, and spiritually inferior beings to whites. Calling black men boys was one way to express the racist ideologies of yesteryear. Despite its widespread use as a racial putdown, in Ash v. Tyson Foods, the U.S. Court of Appeals  decided that boy cannot be considered a racial slur unless its prefaced with a racial marker such as black. This decision has sparked controversy, considering that whites typically didnt call African American black boys during Jim Crow, but simply boys. The good news, according to Prerna Lal of Change.org, is that the U.S. Supreme Court reversed the holding, ruling that the use of the word boy on its own is not enough evidence of racial animus, but that the word is also not benign. That means the court is willing to consider the context in which boy is used to determine if its being uttered as a racial epithet. Gypped Gypped  is arguably the most commonly used  racist term  in existence today. If someone buys a used car that turns out to be lemon, for instance, he may complain, â€Å"I got gypped.† So, why is the term offensive? Because it equates the Gypsy, or Roma peoples, with being thieves, cheats and con artists. When someone says that they â€Å"got gypped,† they are essentially saying that they were conned. Explained Jake Bowers, editor of the Gypsy, Roma and Traveller ezine  Travellers Times, to the British newspaper the  Telegraph: â€Å"Gypped is an offensive word, it is derived from Gypsy and it’s being used in the same context as a person might once have said they ‘jewed’ somebody if they did an underhand business transaction.† But don’t take Bowers’ word for it. If you’re still debating whether or not to use the verb â€Å"gypped,† consider that Philip Durkin, the principal etymologist at the  Oxford English Dictionary  told the  Telegraph  that there is a â€Å"scholarly consensus† that the word originated as a â€Å"racial slur.† No Can Do and Long Time No See These two phrases have probably rolled off the tongues of most Americans at some point in time. However, the sayings are only mocking the attempts of Chinese immigrants and Native Americans, for whom English was a second language. Uppity Most people have no idea that the term uppity has racist connotations when applied to black people in particular. Southerners used the term for black people who didnt know their place and that term was usually followed by another racial slur. Despite its negative history, the word is regularly used by various races. Websters dictionary defines uppity as putting on or marked by airs of superiority and likens the word to arrogant and presumptuous. In 2011, the word got some national coverage when Rush Limbaugh said that Michelle Obama showed uppity-ism. Considering the Shyster Many people have come to believe that shyster is an anti-Semitic, but the origins of the word are linked to a Manhattan newspaper editor in 1843–1844. According to an article on Law.com, at the time, there was a crusade against legal and political corruption in the city, and the editor derived the term shyster from the German word scheisse, which means excrement. There are several reasons for the anti-Semitic confusion including the closeness to Shakespeares Shylock, and belief that the term came from the proper name of Scheuster, who some think was a corrupt lawyer. The etymology of the word indicates it was never intended as a racial slur, and that it was applied derogatorily to lawyers in general, and not to any one ethnic group.

Introduction to psychology Essay Example | Topics and Well Written Essays - 2000 words

Introduction to psychology - Essay Example Families, friends and inner attitude of a person to learning are important. In such a way, people will feel more confident in their learning success and self-performance if their inner attitude to learning and surrounding atmosphere and people is favorable for them. On the example of involvement of external and internal rewards, social approval of surrounding people will be discussed further on. Such issues as family understanding, teachers’ and employers’ attentive and careful attitude etc. belong to external rewards, while such issues as motivational strategies, self-esteem development belong to internal rewards In order to create appropriate atmosphere for students, it is necessary to decrease a negative attitude of young people to learning, i.e. to involve external and internal rewards. The role of external rewards can’t be underestimated, because with regard to learning many people feel emotional oppression and social disapproval very often. Having overcome a psychological barrier (internal rewards’ involvement), having reached a strong desire to learning, students are able to concentrate, put them together and learn efficiently. Generally, motivational difficulties prevent students from the learning process. Teachers and psychologists have to put all their efforts in order to fulfill motivational gap, i.e. involve external rewards. It is possible to reach this goal in the following way: to work out interesting materials for learning process; to involve personal charisma of a teacher; to use examples from real life (Peer, 1998). In such a way, students will feel more confident in their learning success and feel a thirst for knowledge. The abovementioned strategy involved in the learning process is an example of external rewards used for students. For example, a practical decision on external rewards’ involvement can be the following: the teachers have to offer such kind of tasks, which may seem to be very easy. Nevertheless, it is a necessary