Saturday, April 11, 2020
Unme Jeans Essay Example
Unme Jeans Essay Which, if any, of the three social media plans should Foley pursue? Why? Among the three marketing communications plans, Zwinktopia, Facebook and YouTube, I suggest that Margret Foley pursue the Zwinktopia option. The suggestion is based on the consideration of (1) how efficient the marketing vehicle reaches the target consumer; (2) how well the plan delivers the brand image of UnMe and (3) whether it fits into UnMeââ¬â¢s marketing budget. (1) How efficient the marketing vehicle reaches the target consumer UnMe jeans targeted at teen girls who have their own unique taste in fashion. They are social and are trend leaders in their communities. The target group has grown up with the development of Web 2. 0 as well as with the downturn of traditional media. Compare to YouTube and Facebook, which have an audience of all ages, Zwinktopiaââ¬â¢s audience fits right into the target group of UnMe jeans. Zwinktopia is designed for the girls who are from 13 to 24 years old and focuses on the contents of fashion and music. The ultimate goal of marketing is to boost sales. As one of the largest virtual world, Second Life can tell certain trend in regards to marketing and sales. We will write a custom essay sample on Unme Jeans specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Unme Jeans specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Unme Jeans specifically for you FOR ONLY $16.38 $13.9/page Hire Writer According to 2007ââ¬â¢s Virtual Product Sales on Slexchange, the largest sales generated from apparel. Also, the article addressed the audience is shifting from Second Life to other virtual world such as Zwinktopia. And by the end of 2011, it is estimated that 80% of the online users will have an appearance in the virtual world. It is reasonable to believe marketing on Zwinktopia will not only increase brand awareness but also boost sales in real world. (2) How well the plan delivers the brand image of UnMe Zwinktopia is the most straightforward media vehicle to deliver UnMeââ¬â¢s brand image among all three options. On Zwinktopia, UnMe will have its virtual retail store to announce any products simultaneously when a new edition of jeans is release in the real world. It encourages the Zwinkies to design their own outfits based on their unique taste. Additionally, Zwinktopia is easy to be linked to Facebook or MySpace. The campaign strategy well delivers UnMeââ¬â¢s brand image of individuality appreciation and encouraging teenager girls to stand out and to speak against conformity and peer pressure. The ideas of sharing the experience of wearing UnMe jeans and virtual jeans design competition on Zwinktopia are consistent with the culture of Web 2. social media. The marketing plan would empower potential consumers to get involved in, to co-create, and to share in their own way rather than pure delivering the message. Zwinktopia is most likely to be successful when compared to the widget on Facebook and the in-video ads on YouTube. (3) Whether it fits into UnMeââ¬â¢s marketing budget Last but not least, Zwinktopiaââ¬â¢s marketing plan is the most economical one among all social medias. Ms. Foleyââ¬â¢s marketing budget has a highest CPM of $29. 95 in the existing market plans. The cost of using Zwinktopia is $300,000 annually while $500,000 for Facebook and $600,000 for YouTube at a CPM of $40. Ms. Foley is seeking an experimental Web 2. 0 marketing plan so as to that the cost is definitely a constraint. In sum, using Zwinktopia as the marketing vehicle in the Web 2. 0 world would directly reach out the target teen girls, have them better understand UnMeââ¬â¢s concept, get engaged in the business and experience a relatively lowest financial risk compared to Facebook and YouTubeââ¬â¢s high CPM. Thus, Zwinktopia is most likely to be successful when UnMe wishes to have a taste of Web 2. marketing. 2. What benefits would Foley gain from each of the three social media plans? What risks does each entail? How can Foley better reap the benefits and mitigate the risks of each of the programs? Zwinktopia-Benefits â⬠¢The marketing plan of using Zwinktopia as a media vehicle would help UnMe to be engaged in a virtual market where the target demographics are concentrated. â⬠¢Zwinktopia has the right content, fashion, for UnMe. Launching the virtual retail store in Zwinktopia would inform the audience about new products in real world and stimulate in-world purchasing of UnMe jeans. The jeans design competition in Zwinktopia would provide a platform for UnMe to learn about what the target audience wants and needs. The interaction with the potential consumers would increase the brand awareness and educate the target audience with UnMeââ¬â¢s concept and core knowledge. â⬠¢Zwinktopia allows video uploads and is easy to be linked to other social networks such as Facebook and MySpace. Cooperating with Zwinktopia would be benefit for future advertising in the horizontal social networks. â⬠¢Zwinktopia option has the lowest initial investment operation cost and among all three marketing plans. Zwinktopia-Risks â⬠¢The UnMe Company has never involved in any social media marketing. The marketing plan on paper sounds attractive and feasible but uncertainties and high learning curves might appear when the company takes action. â⬠¢It lacks knowledge of Zwinkies. Just like Ms. Foleyââ¬â¢s concern, the marketers cannot predict or control the avatarââ¬â¢s behavior. The virtual retail store might have normal customers and experience with virtual insanity. Some real life ethics and moral rules do not apply in the virtual life. â⬠¢The marketing plan also drags UnMe into virtual competition. Apparel is the best sell in the virtual world but there are thousands of virtual retail stores selling hundreds of different brands. Also it is hard to choose the metrics or to measure the return on the advertising. â⬠¢The amount of users on Zwinktopia is smaller than other social media. Facebook-Benefits â⬠¢Facebook is one of the fastest growing social media. Its users spent the longest time on the website and it has the highest click through rate. â⬠¢Itââ¬â¢s very easy for UnMe to set up an account and once an individual befriended with UnMe jeans, UnMe would share her/his entire social community. UnMeââ¬â¢s friend on Facebook is UnMeââ¬â¢s ambassador. She would carry UnMeââ¬â¢s profile on her homepage and to her community. If UnMe had any updates and promotions, the message would appear on the ââ¬Å"news feedâ⬠in the entire friendââ¬â¢s circle. Thus, Facebook profile picture increase the visibility of UnMe jeans. â⬠¢Facebook provides an intera ctive environment that UnMe can directly speak to itââ¬â¢s friends/ customers. It would make the audience feel much closer to UnMe and build up a relationship with the company. â⬠¢UnMe can use the photo and video uploading functions on Facebook in order to promote new lines and advertisements. Facebook- Risks â⬠¢Commercial profiles are not new to Facebook users. The audience already learned how to ignore the advertisements on Facebook or just clicked on the profile and never checked it again. â⬠¢As discussed in the case, the recall of any specific one is nearly equal to 0 when consumers view hundreds of ads on TV. Advertising on Facebook has the same clutter problem. â⬠¢It would be hard for Ms. Foley to measure how much return from the advertising on Facebook. YouTube-Benefits â⬠¢YouTube is world leading web 2. 0 social media and has the biggest amount of audience in the United States. The in-video advertising allows the audience to participate into the promotion strategy. YouTube users can interacted with each other by conducting comments, forwarding to a friend or uploading a new video regarding to the ad. â⬠¢UnMe might learn some business experiences from other brands such as Axe and Toyota, which have already used YouTube channels for marketing succ essfully. YouTube- Risks â⬠¢A successful YouTube in-video advertising depends on inserting in the right channel and the video itself. All highly viewed commercial videos are unique, creative and entertaining. These videos are distinctive in a good way that the YouTube audience felt like watching it and recommending it to anther friend. Therefore, if the assumption of an entertaining video failed, then there is no way to gain the high click rate or to achieve any of the marketing goals. â⬠¢The cost of the YouTube marketing plan is the highest of all options. As an experimental social media plan, Ms. Foley would take too much financial risk as choosing the YouTube plan. â⬠¢The UnMe Company has no control over the audience who watch the video. Whether they are the target consumers is remained unknown. And the interaction is between audience, not between UnMe and the consumers. UnMe cannot directly talk with the customer. In order to utilize each marketing plan, Ms. Foley has the following key points to be taken care of in order to enjoy the benefits and avoid potential risks; For establishing the UnMe virtual retail store in Zwinktopia, if Ms. Foley can hire some marketer who has experience dealing with virtual selling would be a plus to implement the marketing plan. The experienced employee might offset the high learning curve. For Facebook marketing, the most useful tool is the widget based on otherââ¬â¢s successful story. How to design the widget decides how many people would add it to the homepage and use it. As proposed in the case, the key point for a popular widget is either it is very functional or it has a strong entertaining purpose. As to the in-video advertising on YouTube, the video should catch the eyes of teen girls and make them feel it is interesting and adding value. The marketing plan mentioned that the four-minute video would be selected by the uploads from teen girls who ââ¬Å"forged their own identitiesâ⬠(Steenburch, 2008). It could go further into the audience such as selecting the ââ¬Å"Miss UnMeâ⬠based on how popular the video clip is. Creating the buzz is the most difficult and valuable phase in this marketing plan. Also, hiring a professional team to create the four-minute video ad is critical. It must be professional, not just a simple put-everything-together clip. Like the ââ¬Å"Bom chika Wah Wahâ⬠video, it is funny, distinctive and delivers a strong theme.
Tuesday, March 10, 2020
Irish Patriotism in Eater 1916 and an Irish Airman Foresees His Death Essay Example
Irish Patriotism in Eater 1916 and an Irish Airman Foresees His Death Essay Example Irish Patriotism in Eater 1916 and an Irish Airman Foresees His Death Paper Irish Patriotism in Eater 1916 and an Irish Airman Foresees His Death Paper ââ¬ËEaster 1916ââ¬â¢ and ââ¬ËAn Irish Airman Foresees his Deathââ¬â¢ comment on Irish patriotism and their ways discuss. ââ¬ËEaster 1916ââ¬â¢ and ââ¬ËAn Irish Airman Foresees his Deathââ¬â¢ were both written about the same contextual issues at around the same time. It was after Easter 1916, when the revolution of Irish nationalist rebels was at its highest. The poem discusses the role of Irish soldiers fighting for Great Britain during a time when they were trying to establish independence for Ireland, though they were denied it during the war. Both poems show the theme of Irish patriotism however in some ways they both oppose it. Both poems underline Yeatsââ¬â¢ uncertainty towards although his compassion for its victims is strongly highlighted. The aviator in An Irish Airman, of whom Yeats writes as in the first person, is convinced that the flight he is about to take will be his last, ââ¬Å"I know that I shall meet my fateâ⬠though he undertakes in the battle regardless of this. This could be seen as a strong example of Irish patriotism if it werenââ¬â¢t for one bizarre line ââ¬Å"lonely impulse of delightâ⬠. David A. Ross sees the airman as fighting not for his country nor politics, nor law but rather his own love of flying, some inexpressible freedom, his ââ¬Å"lonely impulse of delightâ⬠. The line ââ¬Å"Those I guard I do not loveâ⬠poses a rhetorical question of why the pilot is not fighting out of love for his country and could be used by Yeats as a subtle political reference to the Easter uprising and Irelandââ¬â¢s relations with England at that time. The tone of Easter 1916 is sometimes difficult to follow, in the way that it is often not established and unrecognisable. The tone changes immensely throughout, making it complicated to know what Yeatsââ¬â¢ view on the uprising was. The poem begins by paying tribute to the Irish people for leaving behind their previously mundane lives to dedicate themselves to the fight for independence. He then goes on to talk about all those who were killed or imprisoned for standing up for their rights during the uprising in an honourable tone. He goes on with the lines ââ¬Å"Enchanted to a stone To trouble the living streamâ⬠. This is a metaphor for their determination and strong will during times hard times of uncertainty. Yet later in the poem Yeats asks the rhetorical question ââ¬Å"Was it needless death after allâ⬠this is questioning whether the deaths were, in fact unnecessary. This is an example of Yeatsââ¬â¢ view and belief that the politics that lead to the uprising were ambivalent.
Sunday, February 23, 2020
Political Conflict between Iran and Israel Research Proposal
Political Conflict between Iran and Israel - Research Proposal Example The Israeli government has presented considerable argument regarding Iranââ¬â¢s development of nuclear technology along with their funding and support for a number of terrorist organizations in the Middle East, and Israelââ¬â¢s response towards these circumstances may have been arousing opposition and suspicion among international governments, agencies, and military leaders (Perkowich, 2005). Their attack on Iran may yield devastating consequences on human life as well provoke political hostility and military violence as these war preparations have been considered as one of the largest threats to political stability and international peace. Moreover, Iran-Israel war can bring about adverse effects on the economic conditions of both countries as well as other affected nations. The nuclear program of Iraq has become one of the most important issues for the global community over the past years. Initially, in 1968, Iran signed the Nuclear Nonproliferation Treaty as they frequently claimed that their nuclear activities are intended for peaceful and productive outcomes. However, in 2003 to 2005, it was reported by an Iranian opposition group that the implementation of nuclear program violated the signed agreement; consequently, the International Atomic Energy Agency (IAEA) carried out several rigorous inspections, revealing that Iran has been involved in a number of implicit nuclear activities such as the enrichment of uranium and plutonium separation efforts over the past two decades. As Iranââ¬â¢s case was reported to the United Nations Council in 2006, it was formally demanded that the nuclear program drop its reprocessing and enrichment activities (Kemp, 2003). However, contrary to legal decisions, Iran did not suspend such processes. There has been an agreement in the global community, particularly among the United States, Russia, and Europe, that nuclear weapons should not be obtained by Iran. If this is to happen, other Middle East countries such as S yria, Saudi Arabia, or Egypt, may be encouraged to make use of nuclear weapons, hence further weakening an unstable region (Tarock, 1999). Policies in Iran, along with aggressive statements presented by President Mahmoud Ahmadinejad and other authorities in the country, have put forth the notion that nuclear weapons in Iran will pose considerable threats particularly to Israel. On the longer run, nuclear threats also await the United States, Russia, and Europe if Iran is to acquire long-range ballistic missiles and other nuclear weapons and resources. The current study, therefore, intends to examine the issue between Iran and Israel, particularly the impact of the formerââ¬â¢s nuclear policies and program on the latter. It also aims to look into the consequences of Israel-Iran conflict on the economic performance of the Middle East and other affected nations.
Thursday, February 6, 2020
Google vs. Yahoo Web Browsers Essay Example | Topics and Well Written Essays - 1000 words
Google vs. Yahoo Web Browsers - Essay Example Both these web browsers have an enormous portfolio for their users. Lets compare some of the services offered by both these web giants. (Luke, 2005)Yahoo groups are are more popular when compared to google groups mainly because yahoo has been in the market for a longer time. The groups are easily formed and mails are sent either as a digest or individually.Google revolutionized the mailing procedures by introducing huge inbox size which is now upto more that 6 GBs. Yahoo offers a lower limit however news is circulating that an unlimited inbox size for the users is in the works.As mentioned above, Google's point of differentiation is the complex algorithims used in their search engines for local searches, image searches and web searches. Yahoo doesn't have that much fire-power yet it still is a popular choice for some.Yahoo provides street maps and driving directions for US cities only. The Google maps are extremely diverse as they are capable of providing business locations, contact information, and driving directions for big cities of the world.Google's social networking site, Orkut is a popular choice for many Asians and users in Southern America. This popularity has been recently crushed by the vastness of Facebook which has conquered most of the continents. Yahoo's 360* was never popular and it still hasn't caught on as Orkut had. Others There is a list of other services such as online shopping, news, alerts, answers etc. that are available with both Google and Yahoo and not much differences are there in these services. Interface, Design, and Layout When comparing two important website browsers, it is important to compare their interface, design and layout from the evaluation point of view as well as user friendliness point of view. A good website must contain useful content that is simple to comprehend, flexible for use of multiple technologies and consistent with easy navigating capability. (Collins, 2006) Google has a very neat and simple user interface with the front page only containing the search bar and links on the top. On the other hand Yahoo!'s page is jumbled with information, links and lacks focus. Users generally like simple and easy to understand sites and Google's simplified interface means that people of any age and skill will be able to access their site. Advertisements Advertising is necessary for websites especially for websites like Google and Yahoo! that offer free services to their users. This is their main source of revenue. When the website opens up, Google presents only the services without any advertisements. Yahoo lines up its advertisements on the front page which is a nuisance value for the users. As such, it is important to avoid advertisements as much as possible. Advertisements are extremely unpopular with the users as they are completely useless for most people. Even though both Google and Yahoo! are text-based sites, Yahoo's advertisements are a source of user irritation. Consistency Another characteristic of a good web browser website is the consistency in the design. As mentioned above, there are a lot of similar services offered by both Yahoo! and Google. However the design of the services is remarkably different. Like the front page, Google is consistent with the minimum text on the page with just enough to help the user understand and comprehend it. This has the effect of uniformity and consistency, whereas Yahoo! keeps different layouts for each of its services page. Even though each service has a link
Tuesday, January 28, 2020
Wild Horse Round-Up in Nevada Essay Example for Free
Wild Horse Round-Up in Nevada Essay The rounding up wild horses and leading them to their new destination, howbeit, for the slaughter or sales, has created a rift of an US (i.e. particularly; citizens of Nevada) and THEM (i.e. Federal Government, BLM) mentality. The animal activist is citing cruelty to animals and stifling the ââ¬Å"First Amendment, Freedom of the Pressâ⬠, on the part of BLM. The following article was quoted from USA Today: [A federal roundup of wild horses in Nevada was scheduled to resume Thursday and to continue through this weekend despite nearly two dozen animal deaths since it began. The Bureau of Land Management (BLM) says three of the deaths were due to injury and 18 due to severe dehydration following a drought. Horse activist Laura Leigh, whose lawsuit put a temporary halt to the roundup July 14, blames the deaths on the BLM, which she says allowed the horses to become dehydrated and held the roundup during the hottest season of the year. This is foaling season, it could have been done earlier, it could have been done last fall, Leigh says. This is not following the mandate to manage and protect our horses. Its just wrong. She and other activists also complain that the BLM has blocked them from observing the roundups to control the flow of images and public opinion. The BLM will escort up to 20 members of the media and the public to observe roundup operation today and Saturday for the first time since the roundup began July 10. The BLM says the roundup of wild horses is a necessity because the mustang population is growing so fast that horses are running out of food and harming the native land and wildlife. Agency estimates show 38,000 mustangs and burros roam 10 Western states; half are in Nevada. Leigh and other activists say the agency is moving the animals to clear the way for livestock grazing and energy interests. Elliot Katz, founder of In Defense of Animals, which filed a separate lawsuit, says wild horses are a low priority nationally because they dont produce a profit. Theyre just in the way of corporations who have cattle interests or want to do mining, Katz says. Theres been a gradual continuing effort to get rid of them.] (Dorell, 7/29) BLMââ¬â¢s stands its ground by stating they are ââ¬Å"required by law to balance the needs of multiple interests on public lands, including wild horses, wildlife, mining and livestock. Wild horses, which have few predators and double their population every four years, can damage habitat shared by endangered and threatened species such as the pygmy rabbit and the lahontan cutthroat trout, says Heather Emmons, a spokeswoman for the BLM in Nevada.â⬠(Dorell, 7/29) One of the many law suits that have been filed comes out of New Mexico and has gone to the Supreme Court. KLEPPE v. NEW MEXICO, 426 U.S. 529 (1976)à 426 U.S. 529 KLEPPE, SECRETARY OF THE INTERIOR v. NEW MEXICO ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO No. 74-1488. Argued March 23, 1976 Decided June 17, 1976 The Wild Free-roaming Horses and Burros Act (Act) was enacted to protect all unbranded and unclaimed horses and burros on public lands of the United States from capture, branding, harassment, or death, to accomplish which they are to be considered in the area where presently found, as an integral part of the natural system of the public lands. The Act provides that all such animals on the public lands administered by the Secretary of the Interior through the Bureau of Land Management (BLM) or by the Secretary of Agriculture through the Forest Service are committed to the jurisdiction of the respective Secretaries, who are directed to protect and manage [the animals] as components of the public lands . . . in a manner that is designed to achieve and maintain a thriving natural ecological balance on the public lands, and if the animals stray from those lands onto privately owned land, the private landowners may inform federal officials, who shall arrange to have the animals removed. Appellees, the State of New Mexico, its Livestock Board and director, and the purchaser of three unbranded burros seized by the Board (pursuant to the New Mexico Estray Law) on federal lands and sold at public auction, and whose return to public lands had beenà demanded by the BLM, brought this suit for injunctive relief and for a declaratory judgment that the Act is unconstitutional. A three-judge District Court held the Act unconstitutional and enjoined its enforcement. Held: As applied to this case, the Act is a constitutional exercise of congressional power under the Property Clause of the Constitution, which provides that Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States. Art. IV, 3, cl. 2. Pp. 535-547. (FindLaw, June) (a) The Clause, in broad terms, empowers Congress to determine what are needful rules respecting the public lands, and there is no merit to appellees narrow reading that the provision [426 U.S. 529, 530] grants Congress power only to dispose of, to make incidental rules regarding the use of, and to protect federal property. Pp. 536-541. (FindLaw, June) (b) In arguing that the Act encroaches upon state sovereignty and that Congress can obtain exclusive legislative jurisdiction over the public lands in a State only by state consent (absent which it may not act contrary to state law), appellees have confused Congress derivative legislative power from a State pursuant to Art. I, 8, cl. 17, with Congress powers under the Property Clause. Pp. 541-546. (FindLaw, June) (c) The question of the Acts permissible reach under the Property Clause over private lands to protect wild free-roaming horses and burros that have strayed from public land need not be, and is not, decided in the context of this case. Pp. 546-547. (FindLaw, June) A law suit filed and made it to the U.S. Courts of Appeals, Federal Circuit was initiated from a rancher family of Fallini who states in the following law suit the cost of the wild horses to them personally: FALLINI v. UNITED STATES Susan L. FALLINI, and Joseph B. Fallini, Jr., in each of the following capacities: ââ¬â°as an individual person and successor to the interest of Helen Fallini as sole heir of Helene Fallini, deceased, executor of the last will of Helene Fallini, and Trustee of the Helene Fallini Living Trust and theà Helene Fallini Living Trust as the sole distributee of the last Will of Helene Fallini, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee. No.ââ¬â94-5110. June 08, 1995 Before MICHEL, LOURIE and BRYSON, Circuit Judges. William F. Schroeder, Vale, OR, argued for plaintiffs-appellants. ââ¬â With him on the brief was William A. Schroeder, of Boise, ID.Peter A. Appel, Attorney, Environment and Natural Resources Div., Dept. of Justice, Washington, DC, argued for defendant-appellee. ââ¬â With him on the brief were Lois J. Schiffer, Asst. Atty. Gen., John A. Bryson and Dorothy R. Burakreis, Attorneys. ââ¬â Of counsel was Laura B. Brown, Office of the Sol., Dept. of the Interior, Washington, DC. James L. Huffman, Dean and Professor of Law Director, Natural Resources Law Institute, Northwestern School of Law, Lewis and Clark College, of Portland, OR, was on the brief for amicus curiae, Water for Life, Inc. (FindLaw, June) In this Fifth Amendment ââ¬Å"takingsâ⬠case, the Fallinis, who are engaged in cattle ranching in Nevada, argue that the federal government has taken personal property from them without compensation. ââ¬â The Fallinis contend that the government affected a ââ¬Å"taki ngâ⬠by requiring them to provide water to wild horses living in the area in which the Fallinis conducted their ranching activities. The Court of Federal Claims ruled against the Fallinis, concluding on motion for summary judgment that they had no property right that was taken by governmental action. ââ¬âFallini v. United States, 31 Fed.Cl. 53 (1994). ââ¬â We conclude that their complaint was not filed within the applicable statute of limitations period and that the complaint should be dismissed on that ground. (FindLaw, June) The suit alleges the wild horses are costing their family approximately $1 million between 1971 and 1991 for the watering of the animals which they have not been allowed by the BLM to fence off the watering areas in such a way to grant cattle access by deny horses from accessing the water supply. In conclusion of the law suit filed by the Fallinis family states as follows: What the Fallinis may challenge under the Fourth Amendment is what the government has done, not what the horses have done. The only governmental action that could constitute a compensableà taking in this case is the governments directive forbidding the Fallinis from shooing the horses away from the water that the Fallinis have produced at their developed water sources. ââ¬â That governmental action cannot be regarded as recurring with every new drink taken by every wild horse, even though the consumption of water by the wild horses imposes a continuing economic burden on the Fallinis. See Delaware State College v. Ricks, 449 U.S. 250, 258, 101 S.Ct. 498, 504, 66 L.Ed.2d 431 (1980) (proper focus, for statute of limitations purposes, ââ¬Å"is upon the time of the [defendants] acts, not upon the time at which the consequences of the acts became most painfulâ⬠). ââ¬â Because the Fallinis identify the enactment of the Wild Free-Roaming Horses and Burros Act as the governmental action that prevented them from fencing the horses away from their water sources, and because they admit that they suffered injury from the date of enactment, their claim must be regarded as accruing long before they filed their present suit. (FindLaw, June) III Based on our analysis of the Fallinis takings claim, we conclude that their claim was time-barred. ââ¬â We therefore vacate the judgment and remand this case to the Court of Federal Claims with instructions to dismiss the complaint as untimely. (FindLaw, June) Each party shall bear its own costs. VACATED AND REMANDED WITH INSTRUCTIONS BRYSON, Circuit Judge. (FindLaw, June) The round-up of the wild horses is complex with legitimate issues on all sides. I see four distinct (legitimate) sides in this fight. They is the BLM, the animal activist, the media, and the cattle ranchers. The BLM cites it has a legal responsibility to round them up for control of population and preservation of public lands, including wild horses, wildlife, mining and livestock. The animal activists cite cruelty on the method used by the BLM with the time of year the round-ups are conducted to how they are treated while in captivity. The Public News Media cites they are being denied the first amendment right to the ââ¬Å"Freedom of the Pressâ⬠by being restricted access during the round-ups. Lastly, there is the cattle rancher that is citing a Fourth Amendment violation by the seizure of the water without their permission. Somehow there needs to be a balance of the issue. In myà opinion, the Public News Media doesnââ¬â¢t have a say in the matter because they twist any issue for the selling of their news and that is why they are in the fight. The animal activist have no place in this matter either because they are not any different than the News Media. I see two main players that have a stake in the holdings. The BLM and the cattle ranchers. Those are the two entities that are directly affected by this ordeal. The BLM has to strike a delicate balance of their responsibilities to Federal and State Law and to accomplish this with disturbing anybodyââ¬â¢s ZEN. The cattle ranchers are trying to make a living in an economy that is seeing less and less profit. References Dorell, O. (7/29/2010). Federal roundup of wild horses resumes in Nevada. Retrieved from http://http://www.usatoday.com/news/nation/2010-07-22-wild-horses_N.htm FindLaw. (June 08, 1995). United States Court of Appeals,Federal Circuit, FALLINI v. UNITED STATES. Retrieved from http://caselaw.findlaw.com/us-federal-circuit/1336480.html FindLaw. (June 17, 1976 Decided). U.S. Supreme Court, KLEPPE v. NEW MEXICO, 426 U.S. 529 (1976). Retrieved from http://caselaw.lp.findlaw.com/cgi-bin-getcase.pl?court=usvol=426invol=529
Monday, January 20, 2020
Sexual Harassment in the Workplace Essay -- Sex Discrimination
TABLE OF CONTENTS TYPES OF DISCRIMINATION . . . . . . . . . . . . . . . . . . 1 SEXUAL HARASSMENT IS DISCRIMINATION . . . . . . . . .. . . . . . .1 Laws That Govern Sexual Harassment . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 How It Affects The Workplace . . . . . . . . . . . . . . . . . . 4 TYPES OF SEX DISCRIMINATION . . . . . . . . . . . . . . . . . .4 Basic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Quid Pro Quo . . . . . . . . . . . . . . . . . . . . . . . . .5 Hostile Work Environment . . . . . . . . . . . . . . . . . . . . . 6 THE HIGH COST OF LITIGATION FOR EMPLOYERS . . . . . . . . . . . . . 7 TYPES OF SEXUAL HARASSMENT . . . . . . . . . . . . . . . . . . . . ..8 EMPLOYER?S RESPONSIBILITY . . . . . . . . . . . . . . . . . . . . . 9 Training . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 10 Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 VII. CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . 12 BIBLIOGRAPHY . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 CASES CITED . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 I. TYPES OF DISCRIMINATION There are many forms of discrimination, especially in the workplace. Before we get into the different types of discrimination, we need to define the word discriminate which is, "to make a distinction in favor of or against a person or thing on the basis of the group, class, or category to which the person or thing belongs, rather than according to actual merit." Taken from the Unabridged Edition of the Random House Dictionary of the English Language. Like many people I was under the belief that to discriminate simply meant that y... ...ts Acts of 1964 (Internet) http://www.eeoc.gov/laws/vii.html Whitehead, Roy Jr.; Spikes, Pam; Yelvington, Brenda. "Sexual Harassment In The Office." CPA Journal. Vol. 66 No. 2: pp.42-45, February 1996. Note: All periodicals were found through the Nexis/Lexis system in the Library. CASES CITED Ellison v. Brady, (1991) 924 F.2d 842 Equal Employment Opportunity Commission v. Domino?s Pizza, Inc., 909 F.Supp. 1529 (M.D.Fla. 1995) Harris v. Forklift Systems, Inc., 114 S.Ct. 367 (1993) Matthews v. Superior Court (Regents of University of California), (1995) 34 Cal.App.4th 598. Mogilefski v. Superior Court (Silver Pictures), (1993) 20 Cal.App.4th 1409. Neal v. Director, District of Columbia Department of Corrections, U.S.Dist. LEXIS, 11461, 11469, 11515 (D.D.C. 1995) Note: Cases cited were researched through the law library.
Sunday, January 12, 2020
Business Law Enron/WorldCom Essay
1. Introduction The goal of a large number of criminal acts is to obtain as much as profit for the individual or group that carries out the act. Just like bribery or robbery, accounting scandals that shock telecommunications industry within the past two years, also have similar intention that is to make money to benefit a person or a group of people through illegal acts while disguising their illegal origin. Concerning the accounting scandals in Enron, in this paper, we will elaborate the story of Enron and World Com scandals discussing how the companyââ¬â¢s situation relates to bankruptcy, insurance, and/or employment law. 2. Accounting Scandals Enron, Global-Crossing, and WorldCom recent cases have become a history in finance and telecommunication areas. The history tells us how fragile the monitoring process of the companyââ¬â¢s financial system is. The situation leads to accountancy scandals that hurt investors, employees, and the industries. In many reports on Houston Chronicle, we can conclude that the case of Enron emerged as the company and its auditor cooked up the books to show bogus profits. This is done so to attract the public so that they are interested to invest their money during the companyââ¬â¢s initial public offering (IPO). à Previously, the company has already performed manipulation of commodity prices in order to obtain huge profits due to unregulated energy derivative market. Moreover, the bankers also join this bogey as they have been giving loans and would like to reduce their risk hoping that Enron would obtain much money from IPO so that Enron can fulfill their obligation to the bank. Therefore, in this accountancy scandals there are at least three actors: the first is Enron, the company that has a pile of debt that was off balance sheet. The second actors are auditors; they acted as consultants that helped the Enron to write a fake figure of the companyââ¬â¢s profit in the book. The third actors are bankers that issued good analyst reports for Enron financial performance and acted as underwriter. By doing so, Enron can raise much money to pay their loans to banks and back to the evil business when Enron run out of money again. Amazingly, within three years, the fake report gives Enron over $10 billion of investorsââ¬â¢ money. The illegal action like cases of MicroStrategy and Xerox has caused the declining public trust on stock markets and auditors (AFL-CIO, 2007; Turner, 2002). 3. Bankruptcy and Insurance The case of Enron, WorldCom and other accounting scandals still leave public with many questions regarding the way the companies try to recover from the scandals especially when it comes to fair treatment for the hurt employees. The term ââ¬Å"fairâ⬠refers to equal treatment for CEO and their workers. Remember the shocking Enron case a few months ago that many of people fail to recognize what went wrong at Enron, an energy-trading giant and once the seventh-largest company in U.S. The lawsuits and official investigations on Enron show that the bankruptcy has sent more than 6,100 of Enron employees into unemployment. In addition, it also causes serious fault at workersââ¬â¢ health care and retirement savingsââ¬âfor many, their life savingsââ¬âbecause worker 401(k) plans were halted while the company stock price tumbled (AFL-CIO, 2007). Although the companyââ¬â¢s performance went bankrupt, however, the Enronââ¬â¢s executive still obtain bonus checks for more than $55 million, in addition to $50 million in bonuses just weeks earlier. The Enronââ¬â¢s case is one example of increasing ââ¬Å"pay gapâ⬠between CEOs and workers (AFL-CIO, 2007). Moreover, she also points out that the Project 911 turned out to give many benefits for Enronââ¬â¢s management instead of giving benefits for workers. In the Project 911, Enron was to pay the companyââ¬â¢s executives $105 million worth of bonuses prior to the companyââ¬â¢s bankruptcy filing in December 2001 (Steffy, 2005). However, according to the new bankruptcy law, which President Bush signed in April, a company might give their executives excessive compensation in the form of retention bonuses only if they have another job offer. It means that under new law, executives will not be paid to stay until they show proof they intend to leave (Steffy, 2005) The new law had driven the bankruptcy court to approve $38.2 million in additional retention bonuses in 2002 and another $29 million in 2003. The situation soon raises critics since the come with an inherent paradox. At the management level, the company took questioned decision to reward the very few people who drove the company into collapse. In other words, Enron was enticing a failed management to stay (Steffy, 2005). This situation refers to moral crisis since the company was paying attention to bonuses for the companyââ¬â¢s executives instead of taking care of their employees. Although the case of Enron has become symbol of wrong model of corporate America, few observers expect it to become a lasting symbol (Ivanovich, 2002). In short, the first thing American companies should do is providing variable compensation scheme in which employeesââ¬â¢ benefits will increase as the companiesââ¬â¢ benefits increase as well. Therefore, employees will fee fairly treated and in turn increase their motivation. 4. Employment Law The cases on Enron and WorldCom present new atmosphere regarding the employment law since it involves whistle blower, a person who disclose the scandals. Since whistle blowing leads to negative impact for the blower, it is imperative that any person that intends to whistle blowing to do it effectively. Sherron Watkins, the person who discloses the scandals at Enron, is one example of whistle blower. In addition, whistle- blowing also greatly affects the executives of a company who are given information from an employee. In order to protect the whistle blower, Sarbanes-Oxley Act rule out there should be no discrimination against employees who disclose the wrongdoing in a company (Hails, n.d.). Amidst the fierce situation at Enron, Congress is still busy passing new laws in response to the latest news about corporate misdeeds. In fact, this is really not the best solution to the problem of corporate fraud at Enron. à Considering that whistle blowing leads to negative impact for the blower as it happens at Enron case, it is imperative that any person that intends to whistle blowing to do it effectively. Below is guideline that helps an employee to determine whether a situation merits whistle blowing: a) Magnitude of consequences A person intends to conduct whistle blowing consider the impact of a action that he consider as wrongdoing. If only one person will be harmed by an action, it does not call for any whistle blowing action (England, 2007) b) Probability of effect The person must be sure that a wrongdoing happens or will happen that requires for whistle blowing. If he is not sure about the situation, he had better not perform whistle blowing (England, 2007) c) Temporal immediacy The person must think the urgency to whistle blowing. If he considers it is urgent to prevent greater losses, he can conduct whistle blowing immediately (England, 2007) In addition, lots of accounting scandals incidences have driven NYSE to issue new guidelines intended to enhance the accountability and integrity and of NYSE-listed companies by strengthening the corporate governance and disclosure practices of those companies. Harvey Pitt, SEC chairperson, the person behind the birth of the guidelines, asks NYSE to review its corporate governance listing standards. Based on the facts, since most scandals involve insider, therefore senior managers should personally liable for criminal charges and damages. Concerning this issue, congress also has passed the Sarbanes Corporate Accountability Bill that one of its main provisions includes the fact that the chief executive officer and chief financial officer now have to sign off on a companyââ¬â¢s financial records and may assume criminal liability if they are wrong. Under such circumstances, in the event that such scandals exist, investors and employees should not bear the responsibility for their own actions. This is because in this developed economy, people from all over the world have been willing to invest in ââ¬Ëpieces of paperââ¬â¢ because of a basic trust that there are systems in place to make the ââ¬Ëpieces of paperââ¬â¢ valuable. Therefore, it is the governmentââ¬â¢s responsibility to maintain people trust to invest in a piece of paper by providing an oversight system that works to protect the investor. Learning from these events, it is governmentââ¬â¢s responsibility to improve standards, controls and accountabilities. While companies should improve their employees moral in order to prevent any financial scandals in the future. This is imperative since most business schools lack of morality in their curriculum.
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