Advice on company law - Free Essay Example

Sample details Pages: 6 Words: 1887 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Advice Essay Did you like this example? Structure: Analysis, Legal rules and Application Introduction and General Analysis Peter, Alan, Sarah and Paul are the four directors and shareholders of East Ltd. The majority shareholder is John. Paul is both the companys managing director and chairman. Don’t waste time! Our writers will create an original "Advice on company law" essay for you Create order The companys articles of association are based on Table A. Paul was approached by West Ltd, which was interested in purchasing a piece of vacant land belonging to East. At a board meeting, Paul told the fellow directors that as the planning permission was unlikely to be granted whether East Limited was prepared to sell the land to West. The land was sold to West, for  £1.5 m. On completion of the sale, Paul received a bonus of  £50,000 from West, for which he informed Alan and Sarah. Last month, West asked Paul if he would like to purchase shares in West. As Wests share price had recently increased in value, Paul decided to invest  £15,000 of his money in West shares. John has discovered that (i) the land sold by East to West has been developed by West and sold for  £6m and (ii) Pauls shares in West have doubled in value. Advise John as to what action, if any, he can take on the companys behalf. The companys annual general meeting is due to be held n ext month 1. Was the behaviour of Paul prejudicial to other directors and shareholder? 2. Can Paul take the bonus which resulted out of the transaction? 3. Is the fiduciary duty of Paul as a director in conflict with his personal interest? 4. Does he need consent from the company to take the shares in West Ltd? 5. Secret profit by Paul and consequent accountability 6. Remedies available for majority shareholder Application Under the new proposals for à ¢Ã¢â€š ¬Ã…“Modernising Company Lawà ¢Ã¢â€š ¬Ã‚  white paper which contains important proposals with regard to a contract which a company itself is unable to accept due to the lack of resources for example, then a director may be able to take that contract personally for his own benefit. This allows directors to make full use of information, property etc which belong to the company for their own benefit without the consent of the shareholders and members provided that they obtain the authorisation from the Board of Directors to do so. The important difference here which must be noted is, in the case of private companies, the board of directors will have such powers as to authorise a director to exploit a corporate opportunity like that unless it has been expressly denied in the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s constitution. On the other hand, in the case of Public limited companies, the board of directors will not have such powers bestowed upon them as they need authorisation from the shareholders first unless a specific provision to authorise such transaction has been made in the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s constitution. In this scenario, Paul has notified the Board about East Limitedà ¢Ã¢â€š ¬Ã¢â€ž ¢s interest in buying the land and the Board, although based on his instructions regarding planning permission they have agreed to sell the land to West Limited. In à ¢Ã¢â€š ¬Ã…“CMS Dolphin Ltd v Simonet[1] it was held by Lawrence Collins J that a director was liable for breach of fidu ciary duty in diverting a business opportunity from his company although the director in question had left the company. However, even after leaving the company a directorà ¢Ã¢â€š ¬Ã¢â€ž ¢s fiduciary duties continue and therefore he may not divert business opportunities from the company or misuse information while he was acting as a director of his previous company. In this particular case the director took all the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s staff and its main clients with him and set up in business on his ownà ¢Ã¢â€š ¬Ã‚ . In Smith Stone and Knight Ltd (à ¢Ã¢â€š ¬Ã…“SSKà ¢Ã¢â€š ¬Ã‚ ) v Birmingham Corporationà ¢Ã¢â€š ¬Ã‚  (BCà ¢Ã¢â€š ¬Ã‚ )[2] a subsidiary owned by SSK carried out business activities from a piece of land owed by SSK. A compulsory purchase order was issued by BC. Compensation for loss of business was to be paid to the company and its owner. However, the subsidiary company did not own the land and so BC refused to pay any compensation. It was held that th e subsidiary company was an agent of SSK and therefore BC must pay compensation. Directorà ¢Ã¢â€š ¬Ã¢â€ž ¢s Fiduciary Duties A director has a duty towards a variety of people who are interested in the Company such as to the company itself, to its employees, to the shareholders and to its creditors. Under the Common law a director is expected to manage the company in accordance with the Companies Act and its constitution and to exercise reasonable skill and care. A director is also expected to act bona fide in the best interest of the company. This then follows that a director is expected to avoid conflict of interest with the company and must not make any secret profit by disclosing any interest in the contract company or whether he/she is likely to be involved and any profit or financial benefit he receives from it.[3] A director is also expected to use his powers for a proper purpose. Paul as a director of the company is in a fiduciary position and therefore must not mak e an undisclosed profit using his position as a director. He was only approached by East Limited because of his position as a director of the company. He must disclose this to the other directors, Peter, Alan, Sarah. The fact that West Limited was unable to purchase the land because Paul told the Board of Directors that the planning permission would not be granted and therefore could not obtain the benefit from developing that land, depends upon whether Paul had knowledge of East Limitedà ¢Ã¢â€š ¬Ã¢â€ž ¢s intentions to develop the land. It would have been better to obtain consent from the company in a General meeting to take that contract and keep the profits before actually taking the contract. It is a well established principle that there should not be a conflict between their fiduciary duties and their personal interest and they must not use the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s assets, opportunities or information without obtaining consent from the company based on full information . Furthermore, Paul would have to account for  £50,000 he received on completion of the sale of that land to the company. In Boston Deep Sea Fishing Co v Ansell[4] A was one of the directors of B Co and was paid a commission on the contract by the shipbuilders. A was also a shareholder of an Ice company who was supplying ice to the B Co. A received a bonus when he employed Ice Company in respect of B Coà ¢Ã¢â€š ¬Ã¢â€ž ¢s fishing smacks. It was held that A must account to B Co for the commission and the bonus he received although B Co could not have received any bonus from the Ice company as it was not a shareholder in that company. Generally if there is a conflict between a directorà ¢Ã¢â€š ¬Ã¢â€ž ¢s personal interest or his duty to another then the court will intervene to set aside the transaction without inquiring whether there was any breach of the directorà ¢Ã¢â€š ¬Ã¢â€ž ¢s duty to the company which is an over-riding principle of equity[5] Therefore, Alan and Sarah may prevent him from taking and keeping the  £50,000 he received as a bonus on completion of the sale of the land, stating that there is a conflict of interest[6] and that this must be recorded in the minutes in detail so that there is no suspicion of secret dealings. On the other hand, they could approve his bonus payment as well as his purchase of East Limitedà ¢Ã¢â€š ¬Ã¢â€ž ¢s shares when they contacted him as he is unlikely to be classed as just another investor, by East Limited in the Annual General Meeting. According to Profession Gower[7] when a director makes a contract with another business in his own personal capacity [8] he would have to account for the profit he makes out of any such contract. Paul was contacted by East due to his position as a director in West and therefore he was able to buy shares in East. It would be difficult for him to argue that he invested  £15,000 of his own money as a private investor mainly because East is not a PLC and therefore its shares are not available for the public and being a limited company its shares are only marketed privately. Therefore any profit he makes out of those shares he will have to account for it. Advice and Remedies i) It is possible to ratify unauthorised transaction by passing an ordinary resolution at a General Meeting and it cannot be just by the Board of Directors[9]. In order to avoid the injustice due to the absolutist nature of fiduciary duties Paul may seek relief from the court if the court believes that he had acted honestly and reasonably. With regards to his bonus of  £50,000 which he told two of the directors about, this establishes that he has acted honestly and reasonably however it would not be the case with regards to his purchase of shares in East. John as a majority shareholder can motion for the removal of Paul as a director of the Company. Any director can be removed from their office by an ordinary resolution of the members.[10] Theref ore, in order to remove Paul as a director of the company a resolution in general meeting with a simple majority is needed and this applies notwithstanding the contrary provisions in the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Articles. The procedure for removal of a director is set in section 303 of the Act, which provides for an ordinary resolution, that is, by majority of votes in the general meeting a director can be removed from his or her office. However, if the directors are the major shareholders then the minority shareholders have very limited rights to object the way the majority directors are running the affairs of the company. If the director is removed from the office it terminates any service contract it may have with the company. The amount of damages the director may be able to claim usually depends up on the remuneration package under his contract with the company. Bibliography and References 1. Business Law and Practice by Scott Slorach Jason Ellis published by Blackston e press. 2. Business Law by Stephen Judge, second edition published by Macmillan law masters. 3. Company Law, by Charles worth Morse 16th Edition published by Thomson, Sweet Maxwell. 4. Gower Daviesà ¢Ã¢â€š ¬Ã¢â€ž ¢ Principles of Modern Company Law 7th Edition, by Paul L Davies published by Thomson, Sweet Maxwell 5. www. Nortonrose.com/articles 6. Department of Trade Industry web site: Modernising Company law White paper 7. Company Law by Janet Dine, Macmillan Law Masters, and third edition 8. Lifting the Corporate Veil by Neil Chandler www.exchangechambers.co.uk 9. Penningtonà ¢Ã¢â€š ¬Ã¢â€ž ¢s Company Law, 8th edition published by Buttersworths 1 Footnotes [1] 2002 BCC 600; [2001] 2 B C L C 704 Ch D Gower and Daviesà ¢Ã¢â€š ¬Ã¢â€ž ¢ Principles of Modern Company Law, 7th Edition, page 422 [2] [1939] 4 All ER 116, Gower and Daviesà ¢Ã¢â€š ¬Ã¢â€ž ¢ Principles of Modern Company Law, 7th Edition, page 182 [3] Section 317, 320 and 330 of the Companies Act 1985. [4] 1888 ch D 339 CA, Company Law, by Charles worth Morse page 275-276 [5] Vinelott J, Movitex Ltd v Bulfield (1988) page 183 Company Law by Douglas smith. [6] Section 317 Companies Act 1985 [7] page 184 Company Law by Douglas smith [8] Aberdeen Railway co v Blaikie Bros (1874) Company Law by Douglas smith page 184 [9] Hogg v Cramphorn (1967) Company Law by Douglas smith page 187 [10] Section 303 Companies Act 1985:

Women s Role For Literature - 887 Words

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Business Innovation in Business Banking †MyAssignmenthelp.com

Question: Discuss about the Business Innovation in Business Banking. Answer: Introduction: Business model refers to the companys plan, employing which the companies generate revenues and make profits (DaSilva Trkman, 2014). It forecasts the expenses that the companies need to incur and descries the products or services that the business strives to manufacture and market. It also shows the marketing phenomenon of the companies so that through its operation in the market place, it is able to earn profits. The business model has various integrated parts that evaluate its business plan and helps it to function effectively in the market. Disruptive innovation in business refers to innovation that creates new market and value network through which it disrupts the existing market situation of the businesses. All disruption innovation however is not disruptive. Outside entrepreneurs generally produce them. The disruptive process is slow since not all the firms accept the innovation in the first instance. However, after being deployed in the market in a conventional way, it leads to a faster and higher impact on the established markets. An integration of disruptive innovation in the business models helps to facilitate greater productivity and efficiency in the industries. Considering the business model of Commonwealth bank, an analysis of the smart connected devices and its influence has been depicted in the assignment (DaSilva Trkman, 2014) The Business model of Commonwealth Bank that documents its existing business structure and process has been discussed below: The key partners of the bank are investment partners, financial market operators, financial consultancies, investors, and associates. Joint ventures, subsidiaries and members of Global Banking Alliance for Women also serve to be the partners of the bank. The chief activities of the bank are banking operations, treasury services, corporate and institutional banking, funds management, superannuation and building portfolio. The bank also provides investment and broking services, market researches, risk assessments and are equally engaged in advising and counseling to customers. The bank is a consumer bank engaged in online services as well. It is a wholesale bank that assists customers on personal grounds. It has automated system that makes it easy for customers to be used and also have users community at service for the customers. The bank acts as an intermediary in international transactions and manages account of the customers with consent. They are well pronounced for the efficient customer services gaining high customer satisfaction. The cost structure of the bank is enormous. It has insurance policies and staff compensation strategies. There is a high development of IT facilities with the prevalence of taxes and operational costs management. The bank is also subjected to legal costs and spends a good amount on its presence and the other branches. More than 87000 employees working in the bank act to be the key resource for the bank. It has about 1100 branches in more than 70 countries. The company has brand awareness and enjoys high reputation. It has qualified and trained staffs and a rapid networking. The massive financial strength of the bank also act as a resource for it. Most of the employees in the bank accounting to more than 90% are from Asia, Africa and Middle East. The revenue stream of the bank includes commissions, returns on portfolio investment, understanding fees, premium on insurance policies, spread of exchange rates, credit cards availability, mortgage loans and corporate and consumer banking. The various channels of the bank for its proper functioning are through the website, the multiple branches, and call centers. The corporate and regional offices with specialized officers also act as the channels for the bank. Mobile banking facility, social media and blogging also act as channels for the bank to be more emphasized in the market. Government segment, individuals, credited investors and corporate customers are the segmented customers of the bank. The various financial institutes, traders and wealthy investors also serve to be the major customers for the bank. The incorporation of the disruptive innovation that is the Internet of Things (IoT) Technology has been very beneficial to the Commonwealth Banks. It has enabled it to share information and get transactions done with the use of smart technology in no time (Hartmann Halecker, 2015). The Commonwealth bank has adopted the technology of Albert, a new and smart EFTPOS tablet (Commbank.com.au, 2018). This next generation portable payment terminal has made business more efficient and has been improving customers experience in banking. All the modes of payment can be securely done and the customers receipt can be mailed or printed. The new incorporation of the CommBank small business app has also proved to be a very effective tool made for payments with the next generation EFTPOS devices. Through these smart connected products, people and businesses engaged in banking with Commonwealth Bank can send invoices and manage payments from anywhere in real time. Through this new technological advancement, the bank can accept any card payments on spot. Thus, it does not require heading to the banks for every new transactions. The smart connected device has brought multiple opportunities for the Commonwealth bank that has led to its better growth and progress. The incorporation of the smart connected device that works on the new technology as is observed in the products of EFTPOS has been very effective in recent times that has smoothen transactions and resolved the various issues one faced in banking (Wortmann Flchter, 2015). Through the new incorporation by the Commonwealth Bank, online banking has become easy and convenient for the users. This has led to the growth of the bank as a whole. Opportunities such as the automated services will engage more number of people in the bank, thus, the bank has greater scopes to flourish. With the smart device, the bank can maintain and manage assets reducing risk exposures and thus, opt for more assets to be managed effectively (Wortmann Flchter, 2015). Since the cost of incorporation of the device is cheap, the bank can utilize the machine and increase its functions. The effective device stores and computes the data of the users. Thus, it is not very complicated for bankers to maintain the files. They can expand the market to a significant extent. The bank has the opportunity to improve customer experience and increase customer satisfaction through these incorporations. They have the potential to transform the financial services of the bank positively that would exchange and collect information from objects and render a smooth communication. Along with the opportunities, that smart device incurs certain threats as well. Some of them are the increased efficiency that encourages new industries and entrepreneurs to emerge, increasing the competitiveness in the sector. A dysfunction of the smart device can collapse and damage the repute of the bank since it deals with the money of people that is very crucial. Threats relating to security and privacy are also evident for the banks since an explosion of the device and sensors can lead to serious consequences (Harriet et al., 2017). Considering the two aspects of the business model of Commonwealth bank, namely value proposition and the profit formula the Commonwealth Bank can lead to greater expansion and progress with the smart device. It can add to its value propositions significantly rendering to the customers the need of adopting new technology and using the app that the Bank has adopted. This would enable them to make transactions and payments easily. It would add more value to the banking services and accelerate the good repute that the bank has in the global market. With the incorporation of smart connected devices, the Commonwealth bank can also increase its profits by increasing the customer segment, including the younger generation and women sections in the banking service. Since the technology relieves the customers from coming into the banks and transact sitting back at homes or any other place, it can provide its services to all kinds of people coming from all sections of the society who have enough money in the accounts. Thus, an expansion in the customer segment would enrich the economy of the bank making it even more successful. This ultimately would add to the profit formula of the bank increasing its profit margin largely. The incorporation of smart connected devices proves to be very effective for every industry that engages it in their functioning. The Commonwealth bank has been integrating various smart measures to render its services at large and increase its efficiency and banking services. The smart connected devices have enabled the bank to be operative throughout the year in all the 24 hours in a day. Thus, the transactions have significantly increased. It also allows the customers as well as the bankers to be informed about their transaction and get access to their account that makes the entire process transparent (Morey, Forbath Schoop, 2015). It has enabled the customers to do banking from anywhere and at any time without any obstructions. Thus, overall the impact of the new technology has a widespread significance on the bank that has proved to be profitable for them. It has not only enriched the customer experience but has also increased dimensions for the bank to adopt greater business o pportunities and proceed further with its services. From the analysis, it can be concluded that smart connected products are very effective for any industry to accelerate its production and efficiency to a significant extent. The products, if employed properly make business transactions easy and convenient and make the entire process transparent. In aspect to the Commonwealth bank; the smart connected service that the bank has adopted and aims to adopt in the future, increases opportunities for the bank to be progressive and more successful in the future. The use of the devices have certain threats, however, advancement in technology serves to be an important aspect that needs to be employed in the preset business situation. A proper initiative can bring the most out of the high potential that the disruptive innovation and its devices have that ensures a productive development of businesses in the long term. References: Commbank.com.au. (2018).Our innovation in Business banking - CommBank. [online] Available at: https://www.commbank.com.au/business/our-innovation.html [Accessed 6 Apr. 2018]. DaSilva, C. M., Trkman, P. (2014). Business model: What it is and what it is not.Long range planning,47(6), 379-389. Harriet, E. E. U., Oluseye, O. O., Omotayo, A., Augustina, D. (2017). Queuing Theory Perspective in e-Banking and Service Performance: A Conceptual Approach.Asian Journal of Information Technology,16(6), 364-373. Morey, T., Forbath, T., Schoop, A. (2015). Customer data: Designing for transparency and trust.Harvard Business Review,93(5), 96-105. Wortmann, F., Flchter, K. (2015). Internet of things.Business Information Systems Engineering,57(3), 221-224.

Represent a Democratic Revolt of the People free essay sample

In the Election of 1824, Jackson had the most popular and electoral votes, but did not win the election. Because the vote was split four Ways, he did not have the majority Of the Electoral College and John Quince Adam became president. Jackson supporters believed that voters were told to vote for Adams or Clay through secret political maneuvers. They accused them of making a corrupt bargain. Adams and Jackson both ran for president again in the Election of 1 828, which was also known as a revolution. Jackson and his followers had a new campaign tactic, which was accusing Adams wife of being born out of wedlock. Adams accused Jacksons wife of adultery. This election attracted a lot of interest and had three times as many voters as the Election of 1824. Jackson won and became president in 1829. During his presidency, Andrew Jackson gave all men the opportunity to hold government jobs. This is why this period is called the Age of the Common Man. Before Jackson became president, rich southern planters and northern merchants dominated the government. Now, under Jacksons rule, white males of the lower and middle classes began to vote in large numbers. There were new state suffrage laws, which enabled more citizens to vote, due to deter education, changes in political parties, and an increase in newspaper circulation. Western states also adopted these laws, which were called Universal male suffrage. All white males from one end of the country to the other were allowed to vote regardless of their religion or social class, and could hold government jobs, even if they were in the middle or lower classes. Also, voters and politicians now nominated candidates, rather than the political party leaders in Congress.This and other events led to a more democratic society. Jackson also gave government jobs to regular people. This was called the spoils system. He appointed people to federal jobs depending on whether they had campaigned for the Democratic Party. Anyone currently in office who was not a democratic was replaced with a democrat. This was called the spoils system because it promoted a corrupt government. He also believed in rotation in office. He wanted to make it possible for more democrats to have government jobs, so he limited a persons time in office to one term.The spoils system showed how one man was no better than another and helped build a strong two-party system. In the two-party system, supporters of Jackson were Democrats and supporters of his rival, Henry Clay, were the Whig. The Democratic Party resembled the old Republican party of Jefferson, while the Whig represented the Federalist party of Hamilton. Jackson was similar to Jefferson because he opposed increasing federal spending and the national bank. He vetoed 12 bills, which was more than the total of all 6 presidents before him.One of the things he vetoed was the use of federal money to make the Massively Road, because it was entirely in one state. It was also the home state of Henry Clay, Jacksons rival. Jackson also aided the common woman. Peggy ONeal Eaton, the wife of Jacksons secretary of war, was gossiped about by other cabinet wives. They didnt invite her to parties because they believed she was an adulteress. Most of the cabinet resigned when Jackson tried to force their wives to accept Peggy Eaton. Because of this controversy, Jacksons vice president, John C.Calhoun, resigned and Martin Van Burden was chosen to be the new vice president. Jackson disliked Native Americans and agreed with citizens who wanted to take over lands previously owned by them. Jackson decided to make the Indians leave their homelands and settle west of the Mississippi. In 1830, he signed the Indian Removal Act. This forced thousands of Native Americans to resettle. When Georgia passed laws that required the Cherokees to move to the west, they were challenged in the courts. The court cases were Cherokee Nation v. Georgia and Worcester v.Georgia. In 1838, after Jackson left office, the U. S. Army forced the Cherokees to leave Georgia. This was called the trail of tears. Jackson favored states rights if it didnt lead to disunion. In 1828, when South Carolina called the Tariff of Abominations unconstitutional, the nullification theory was created, in which each State could declare a federal away null and void. Not only did South Carolina nullify the tariff of 1 828, but it also nullified another tariff in 1832. The collection of tariffs within South Carolina was forbidden.Jackson told the secretary of war to prepare for military action and persuaded Congress to pass a Force bill giving the president the authority to take military action. In his Proclamation to the People of South Carolina, he stated that nullification and disunion were treason. Jackson gave the opportunity for a compromise by suggesting the lowering of the tariff. South Carolina postponed nullification and Jackson arced militant advocates of states rights to retreat. He also gained southern support because he shared their alarm of a growing antislavery movement in the North.Citizens of the South trusted that Jackson would not give the benefits of democracy to blacks. Another issue that Jackson dealt with during his presidency was the recharging of the Bank of the U. S. Jackson had the suspicion that Nicholas Fiddle, the banks president, abused the banks powers and served the interests of the wealthy. Jackson felt that it was unconstitutional. In 1832, Clay decided to challenge Jackson, by persuading Congress to pass bank-recharge bill. Jackson vetoed the bill because it helped the wealthy at the expense of the common people.

The Black Panther Party for Self Defense Huey P Essay Example For Students

The Black Panther Party for Self Defense: Huey P Essay . Newton an Bobby Seale8April03History 204In 1964, Dr. Martin Luther King Jr. was awarded the Nobel Peace Prizefor his nonviolent methods of attempting to attain change for americanBlacks through leadership. Nonviolence had achieved success with the CivilRights Act of 1964 and the Voting Rights Act of 1965. Segregation and thebarriers set up for american Blacks to keep them from voting were seeminglyeasier to overcome than were the issues of inferior public services such asschooling and prejudice. Many american Blacks decided by the middle of the1960s that the civil rights movement as headed by Dr. Martin Luther KingJr. had not altered their lives to the extent of acceptable living. Theyfelt that the focus should be placed more on their equality socially andeconomically than on their equality politically. As a result, americanBlacks began to gravitate towards a more direct form of action to receive amore direct form of change quicker than it had come about through Dr. We will write a custom essay on The Black Panther Party for Self Defense: Huey P specifically for you for only $16.38 $13.9/page Order now Martin Luther King Jr.s methods. Black militancy emerged in the middle and late 1960s. Black leaderslike Floyd McKissick. The national director of the Congress of RacialEquality (CORE) and Stokely Carmichael, the elected chairman of theSouthern Christian Leadership Conference (SNLC) were both leaders whopreached the doctrine of Black Power. Black Power was more than just a fad. It was an ideal that appealed to many American Blacks that were tired ofwaiting for the gradual effects of nonviolent practices to occur. Itencouraged american Blacks to build themselves up by establishing powerbases, solidifying Black communities into political blocs. This was anattempt to force improvement of the treatment of american Blacks. Thedoctrine required american Black leaders to unify and lead, in a sense,become directly responsible to their followers. A very important digressionfrom Dr. Martin Luther King Jr.s nonviolent teachings in the Black Powerdoctrine was the calling for american Blacks to meet offensive violencewith defensive violence. They believed that Americans wouldrespectamerican Blacks standing with guns in their hands to defend themselvesrather than kneeling passively as the oppressed. In October of 1966, The Black Panther Party for Self Defense wasfounded in Oakland, California by Huey P. Newton and Bobby Seale while theywere both student activists at Merritt Junior College. Under the influenceof Malcolm X, the nationalist struggles in theThirdWorld,andrevolutionaries such as Fidel Castro, and Mao Tse Tong, their major goal infounding The Black Panther Party for Self Defense was to protect theamerican Black community from the treatment by White police actions whichwere deemed brutal. The Black Panther Party for Self Defense differedfrom other groups with its message of revolutionary intercommunalism.This was essentially a socialist way of approaching issues within acommunity, where all shared in the responsibility ofbuildingthecommunity. During the mid 1960s, The Black Panther Party for Self Defense called for american Blacks to take control oftheirhighunemployment, bad housing, police brutality, poor health care, inferiorpublic schooling system and oppressive police forces. During the late1960s, The Black Panther Party for Self Defense replaced the BlackMuslims as the most feared and publicized american Black extremist group. They encouraged the use of weapons for both self defense and for self offense against people that were believed to be oppressing them. While manybelieved that The Black Panther Party for Self Defense instilled inamerican Blacks a sense of pride that was very much needed, the FederalBureau of Investigations (FBI) called them the most dangerous and violenceprone of all extremist groups after FBI chief J. Edgar Hoover assigned aspecial task force to monitor the partys actions after he determined theywere too radical. However, Seale says of The Black Panther Party for Self Defense: People still believe we are what the FBI tried to paint us as: ablack, militant hate group. The Black Panther Party for Self Defense wasa group that favored violent revolution, if necessary, to bring aboutchanges that they deemed mandatory to the equal treatment of americanBlacks. In time, The Black Panther Party for Self Defense dropped theSelf Defense label from its name and became known as simply The B lackPanther Party. The Ten-Point Program was drafted on October 15, 1966 by Huey P. Newton and Bobby Seale and formed the foundation of ideology for the BlackPanther Party. It became the list of demands of the party and the goals ofthe struggle to regain their american Black communities and demanded equalrights for the minorities in The United States. The Ten Point Programread as follows: We Want Freedom. We Want Power To Determine The DestinyOf Our Black Community. . We believe that Black people will not be freeuntil we are able to determine our destiny.. We Want Full Employment ForOur People. We believe that the federal government is responsible andobligated to give every man employment or a guaranteed income. We believethat if the White American businessmen will not give full employment, thenthe means of production should be taken from the businessmen and placed inthe community so that the people of the community can organize and employall of its people and give a high standard of living.. We Want An End ToThe Robbery By The Capitalists Of Our Black Community. W e believe that thisracist government has robbed us, and now we are demanding the overdue debtof forty acres and two mules. Forty acres and two mules were promised 100years ago as restitution for slave labor and mass murder of Black people. .ue572d5365a5009075efd203c13184e35 , .ue572d5365a5009075efd203c13184e35 .postImageUrl , .ue572d5365a5009075efd203c13184e35 .centered-text-area { min-height: 80px; position: relative; } .ue572d5365a5009075efd203c13184e35 , .ue572d5365a5009075efd203c13184e35:hover , .ue572d5365a5009075efd203c13184e35:visited , .ue572d5365a5009075efd203c13184e35:active { border:0!important; } .ue572d5365a5009075efd203c13184e35 .clearfix:after { content: ""; display: table; clear: both; } .ue572d5365a5009075efd203c13184e35 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ue572d5365a5009075efd203c13184e35:active , .ue572d5365a5009075efd203c13184e35:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ue572d5365a5009075efd203c13184e35 .centered-text-area { width: 100%; position: relative ; } .ue572d5365a5009075efd203c13184e35 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ue572d5365a5009075efd203c13184e35 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ue572d5365a5009075efd203c13184e35 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ue572d5365a5009075efd203c13184e35:hover .ctaButton { background-color: #34495E!important; } .ue572d5365a5009075efd203c13184e35 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ue572d5365a5009075efd203c13184e35 .ue572d5365a5009075efd203c13184e35-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ue572d5365a5009075efd203c13184e35:after { content: ""; display: block; clear: both; } READ: The motet EssayWe will accept the payment in currency which will be distributed to ourmany communities. The Germans are now aiding the Jews in Israel for thegenocide of the Jewish people. The Germans murdered six million Jews. TheAmerican racist has taken part in the slaughter of over fifty million Blackpeople; therefore, we feel that this is a modest demand that we make.. WeWant Decent Housing Fit For The Shelter Of Human Beings. We believe that ifthe White Landlords will not give decent housing to our Black community,then the housing and the land should be made into cooperatives so that ourcommunity, with government aid, can build and make decent housing for itspeople.. We Want Education For Our People That Exposes The True Nature OfThis Decadent American Society. We Want Education That Teaches Us Our TrueHistory And Our Role In The Present-Day Society. We believe in aneducational system that will give to our people a knowledge of self. If aman does not have knowledge of himself and his position in society and theworld, then he has little chance to relate to anything else.. We Want AllBlack Men To Be Exempt From Military Service. We believe that Black peopleshould not be forced to fight in the military service to defend a racistgovernment that does not protect us. We will not fight and kill otherpeople of color in the world who, like Black people, are being victimizedby the White racist government of America. We will protect ourselves fromthe force and violence of the racist police and the racist military, bywhatever means necessary.. We Want An Immediate End To Police Brutality AndMurder Of Black People. We believe we can end police brutality in o ur Blackcommunity by organizing Black self-defense groups that are dedicated todefending our Black community from racist police oppression and brutality. The Second Amendment to the Constitution of the United States gives a rightto bear arms. We therefore believe that all Black people should armthemselves for self- defense.. We Want Freedom For All Black Men Held InFederal, State, County And City Prisons And Jails. We believe that allBlack people should be released from the many jails and prisons becausethey have not received a fair and impartial trial.. We Want All BlackPeople When Brought To Trial To Be Tried In Court By A Jury Of Their PeerGroup Or People From Their Black Communities, AsDefinedByTheConstitution Of The United States. We believe that the courts should followthe United States Constitution so that Black people will receive fairtrials. The Fourteenth Amendment of the U.S. Constitution gives a man aright to be tried by his peer group. A peer is a person from a similareconomic, social, religious, geographical, environmental, historical andracial background. To do this the court will be forced to select a juryfrom the Blac k community from which the Black defendant came. We have been,and are being, tried by all-White juries that have no understanding of theaverage reasoning man of the Black community.. We Want Land, Bread,Housing, Education, Clothing, Justice And Peace. When in the course ofhuman events, it becomes necessary for one people to dissolve the politicalbands which have connected them with another, and to assume, among thepowers of the earth, the separate and equal station to which the laws ofnature and natures God entitle them, a decent respect to the opinions ofmankind requires that they should declare the causes which impel them tothe separation. We hold these truths to be self evident, that all men arecreated equal; that they are endowed by their Creator with certainunalienable rights; that among these are life, liberty, and the pursuit ofhappiness. That, to secure these rights, governments are instituted amongmen, deriving their just powers from the consent of the governed; that,whenev er any form of government becomes destructive of these ends, it isthe right of the people to alter or to abolish it, and to institute a newgovernment, laying its foundation on such principles, and organizing itspowers in such form, as to them shall seem most likely to effect theirsafety and happiness. Prudence, indeed, will dictate that governments longestablished should not be changed for light and transient causes; andaccordingly, all experience hath shown, that mankind are more disposed tosupper, while evils are sufferable, than to right themselves by abolishingthe forms to which they are accustomed. But, when a long train of abusesand usurpations, pursuing invariable the same object, evinces a design toreduce them under absolute despotism, it is their right, it is their duty,to throw off such government, and to provide new guards for their futuresecurity.The Black Panther Party worked to bring about the grievancesdiscussed in Newton and Seales Ten Point Program. Under the direct ion ofHuey P. Newton and Bobby Seale, every Black Panther Party chapter set upfree breakfast programs for young children. They are presently feedingsomewhere over 5,000 children per week. The food was pressured out ofbusinessmen raking the profits from the ghettoes and from contributions toThe Black Panther Party from residents and friends. Medical clinics werealso set up by every chapter. The clinics were viewed as a necessity inblack communities which are desperately in need of the most elemental care. .ub234ea779d6fb6ca6a1f767f8c384052 , .ub234ea779d6fb6ca6a1f767f8c384052 .postImageUrl , .ub234ea779d6fb6ca6a1f767f8c384052 .centered-text-area { min-height: 80px; position: relative; } .ub234ea779d6fb6ca6a1f767f8c384052 , .ub234ea779d6fb6ca6a1f767f8c384052:hover , .ub234ea779d6fb6ca6a1f767f8c384052:visited , .ub234ea779d6fb6ca6a1f767f8c384052:active { border:0!important; } .ub234ea779d6fb6ca6a1f767f8c384052 .clearfix:after { content: ""; display: table; clear: both; } .ub234ea779d6fb6ca6a1f767f8c384052 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ub234ea779d6fb6ca6a1f767f8c384052:active , .ub234ea779d6fb6ca6a1f767f8c384052:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ub234ea779d6fb6ca6a1f767f8c384052 .centered-text-area { width: 100%; position: relative ; } .ub234ea779d6fb6ca6a1f767f8c384052 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ub234ea779d6fb6ca6a1f767f8c384052 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ub234ea779d6fb6ca6a1f767f8c384052 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ub234ea779d6fb6ca6a1f767f8c384052:hover .ctaButton { background-color: #34495E!important; } .ub234ea779d6fb6ca6a1f767f8c384052 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ub234ea779d6fb6ca6a1f767f8c384052 .ub234ea779d6fb6ca6a1f767f8c384052-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ub234ea779d6fb6ca6a1f767f8c384052:after { content: ""; display: block; clear: both; } READ: Elderly Nutrition EssayFor children of all ages, liberation schools, as they were known by TheBlack Panther Party were established to counter-balance theracist,stultifying education that american Black children encountered everyday intheir public schools. Community control of the police was a major issue forThe Black Panther Party and in numerous cities, there was engagement inpetition drives seeking community, local control and decentralization ofthe police force. Free clothing drives were also enacted to distribute oldbut still good clothing to the neediest of american Black families. Armedself defense was a major policy wherein all members were taught the use andnecessi ty of armed self defense, not only of themselves but for the entireamerican Black community Thus, if a family was threatened, or young kid wasbeaten up, The Black Panther Party could be immediately called. A very important practice of The Black Panther Party was the sale anddistribution of the Panther Paper from which most of their revenue wasderived Seventy five thousand papers were distributed and the PantherPaper was viewed as a national American Black community newspaper. TheBlack Panther Party made significant contributions totheartofpropaganda. It was very adept at spreading its message and ideas throughits newspaper The Black Panther mass rallies, speaking tours, slogans,posters, leaflets, cartoons, buttons, symbols (such as the clenched fist),graffiti, political trials, and even funerals. The Black Panther Party alsospread its ideas through very skillful use of the television, radio, andprint media. In all their programs, The Black Panther Party stressed puttingsocialism into practice, meeting peoples real needs, and educating them tothe necessity and possibility of revolution.As a response to themilitancy of The Black Panther Party, the FBI formed a team under thesupervision called COINTELPRO to prevent them from uniting and growing inpower. Black Panther Party local chapters were infiltrated by informantsand their offices were raided on many occasions. The Black Panthers and thepolice force were often involved in many shoot outs against each other. Shoot outs occurred in California, New York and Chicago. On one occasion,Black Panther Party member and Illinois state leader, Fred Hampton and MarkClark were killed by police during a raid, and in 1967, Black Panther Partyfounder and Minister of Defense, Huey Newton was sent to prison formanslaughter after an Oakland shoot out between The Black Panther Partyand the police left an officer dead. A Free Huey movement was born and in1971, a California Court of Appeals reversed his conviction twenty twomonths later. After he was released, he attempted to keep The Black PantherParty from involving themselves in police conflicts and tried to put morefocus on the aforementioned community programs so that there would be anincrease in support for The Black Panther Party. Bobby Seale was accusedof inciting riots during the 1969 Democratic Party National Convention. Heserved four years in prison. Despite The Black Panther Party originally denouncing electoralpolitics, it reversed its standpoint and provided the leadership forseveral voter registration drives in the Oakland and Alameda County areabetween 1972 and 1977. In 1973, Bobby Seale ran for the office of Mayor ofOakland. Although he did not win, he not only received forty -three percentof the vote but he also forced the white Republican incumbent into a runoff. His bid for mayor sparked an increase in voter registration andelectoral involvement by american Blacks nationwide.These drives werevery important factors in the elections of Alameda Countys first blacksupervisor, John George, in 1976, and Oaklands first black mayor, LionelWilson, in 1977. The Black Panther Party experienced a drop in its membership numbersafter the arrests of its founders. Although both Newton and Seale tried tounify the party after their respective releases, their attempts to workcooperatively with political and social reformists resulted in the movementbecoming too diverse. In 1974, Bobby Seale resigned as chairman of TheBlack Panther Party and started an organization called Youth EmpowermentStrategies. The Black Panthers disbanded by the early 1980s and in 1989,Huey Newton was killed by a drug dealer in Oakland, California where theentire movement was born. Works CitedAbron, J. The Legacy of the Black Panther PartyThe Black Scholar. November/December 1986: 33-36. Seale, Bobby. Seize the Time: The Story of the Black Panther Party andHuey P. Newton. Black Classic Press: 1997. Newton, Huey. In Defense of Self Defense. The Black Panther.6 Nov. 1968: 12. Carmichael, Stokely Charles V. Hamilton. Black Power: The Politics ofLiberation in America. Vintage Books: 1992.

Rio Grande Essays

Rio Grande Essays Rio Grande Essay Rio Grande Essay The chief of operations-Henry Dearer- fired a worker who had hacked into co-workers emails. There was a right for Henry to fire the employee but it seems that a consideration of her previous work performance was not included in his decision. There seems to be a lack of flexibility not to mention the hypocrisy about the decision as well. There seems to be many elements that show that there Is a disturbance In the corporate culture. Jasper saw an Importance In how each person respected their fellow workers which suggests that there Is an Involvement culture, though the employee that covertly spied Into anothers emails suggest suspicion In the culture. The act of spying can be seen as being aggressive, which Is one of the traits In a competitive culture. The lack of leadership In the Involvement culture may allow the corporate culture to lean towards the competitive type of culture. The values of integrity and honesty are judgment values and what they mean can change from person to person. They should be reworded so there is no misunderstanding to what is meant. For example, honesty should be changed to l ill always tell the truth. These values were not implemented by the management team and are evident by the way Henry misused the internet resource. There is a lack of transparency (corruption) as the employees know Henry breaks the rules and yet gets away with it but the employee gets fired when she breaks the rules. Management sets the rules but it is seen by employees that they can do and get away with anything. The employees see an inequality and it breeds distrust and resistance especially when working towards the corporate goals. The dishonesty that Dearer displayed has created a conflict of values. The employees see a double standard and this will create distrust, in turn this could increase staff turnover. This will result in highly trained personnel leaving the company, taking with them the expertise that the company relies on. The staff that chooses to remain will have a lower morale and will be disengaged from the company goals and values. In a situation that shows conflicting values, the values that the company wants to exhibit just come first. The company mission statement and vision should represent the values that are wanted. These values should promote positive outcomes for the company. Values that promote weak communication and hidden agendas give rise to chaos as compared to values that promote Indiscrimination and transparency give rise to harmony. ROI Grander By snobbier There seems to be many elements that show that there is a disturbance in the corporate culture. Jasper saw an importance in how each person respected their allow workers which suggests that there is an involvement culture, though the employee that covertly spied into anothers emails suggest suspicion in the culture. The act of spying can be seen as being aggressive, which is one of the traits in a competitive culture. The lack of leadership in the involvement culture may allow the corporate culture to lean towards the competitive type of culture.

Nursing scope of practice Assignment Example | Topics and Well Written Essays - 250 words

Nursing scope of practice - Assignment Example First, it will be necessary to collect all the information concerning the procedure, its origin and how it has been used. This will guide the decision as to whether the practice is evidence-based and applicable in our situation (Schluter, Seaton, & Chaboyer, 2011). Next, we will compare the outcomes of the procedure with those of existing alternatives and decide if the new procedure adds to the quality of nursing care. Ideally, any procedure should be in line with the ethical requirements of the profession. Therefore, the investigation should look into how the new procedure aligns with the ethical values of respect to patients’ rights, non-maleficence, benevolence, fidelity, and others. Further, the investigation should look into how the practice contributes to the body of knowledge of the nursing profession and how the practice is applicable in the current situation. This will lead to a decision whether to introduce a procedure to the hospital. Once a decision is made, it will be necessary to plan for educative forums to discuss the need for change. In these forums, a comparison of the current and the proposed will be done, and advantages of the new over the current brought forward. The process will them move to the last phase which will involve pilot testing the procedure on a single ward and actively comparing the outcome. This will be done by all professional in the hospital and will lead to the ultimate adoption of the procedure. Schluter, J., Seaton, P., & Chaboyer, W. (2011). Understanding nursing scope of practice: A qualitative study. International Journal of Nursing Studies, 48, 1211–1222.

Journal Assignment Example | Topics and Well Written Essays - 1000 words

Journal - Assignment Example All that one needs to have are a computer, good internet connectivity and a microphone. The use of podcasts makes possible to share content via the internet to a large number of mp3 players. I have listened to an audio podcast of lady Antebellum album of â€Å"Own The Night† and it is a nice audio album it keeps you really captivated and its very interesting to listen to. Have as well watched Earth breath and it explains how this takes place, and the use of video just fits perfectly for this topic. The difference between podcast for instance broadcast media is that with podcast, there is a variety to listen to and watch, unlike in broadcast radio there is the issues of monotony as the same songs are being repeated over and over again. Another difference is that when one is using podcasts, one does not require waiting till they hear something that they want to here because the user is provided with the option of choosing what exactly to listen to. This is not the case with Broa dcast radio since one listens to what is currently playing and they do not have the option to choose what to listen to, they have to wait till something they are interested in being played. Podcasts are quite easy to create, and most people can create one and use it to share content, music and videos with the world. Podcasts allow for many formats and subjects as the podcasters are not limited by the traditional broadcast formats as well as broadcast regulations. Podcast subjects can range from politics, science, technology, movies, music and many other different subjects. The content in podcasts is very original and new and is created by innovative people who want to share with the world. Podcasts are downloaded automatically into your laptop or computer and synced automatically to your mp3 player. This makes it convenient hence very popular. A podcast aggregator is a software program used when one is subscribing to a podcast and when one wants to receive podcasts. Podcasts keep yo u in control in that you can actually delete a podcast when you want, you can pause it, you can rewind it, you can replay it as much as you like and you can store it wherever you feel like. Once also has the option of listening the podcast on their laptops or personal computers, they can also burn the podcast in compact discs as well as move it to once mp3 player. One can download as many podcasts as they like there is no limitation and it is not limited to specific media players its compatible. Listening to a radio for instance is not interesting as the relevant corporations control what to listen to and at what time. With streaming content, one is tied to their pc, and it has to have good internet connection. The advantage with a podcast is that you can carry it wherever you are going. With the podcasts that I have watched and listened to i have discovered that it is advisable to use videos for giving directions or instructions on how to go about something. The audio podcasts are suited better for communicating important or useful ideas as well as concepts to a persons’ audience. RSS Feeds Ways to add an RSS Feed was that one can type the RSS feed URL in the field provide don their browser then click on the "Add" button. One can also subscribe to the RSS Feed which will enable them to get automatic updates on the information in the sites they are following. RSS refers to

PsychologyTransacial Adoption Essay Example | Topics and Well Written Essays - 2750 words

PsychologyTransacial Adoption - Essay Example These figures have grown substantially since those days and are likely to increase in the future. Evidently, such major sociological phenomenon could not but attract the attention of scholarly community. Research has covered the issues of ethnocentric bias, adjustment of adopted children, appearance discomfort, but largely focused on the problem of racial and cultural identity formation. The debate revolving around the question of whether White American parents should adopt children of different racial background was fueled by a position paper issued by the National Association of Black Social Workers (NABSW). Simon and Alstein (1977) clearly expressed the negative attitude of the Association toward the problem of transracial adoption labeling the placement of African American children - the most widespread group of children waiting for adoption in the U.S. - with the Caucasian families as 'cultural genocide' (p. 202). The NABSW's attitude toward transracial adoption was brilliantly illustrated by the following statement: " Black children should be placed only with Black familie s for adoption. Black children belong, physically, psychologically and culturally in Black families in order they receive the total sense of themselves and develop a sound protection of their future The socialization process for every child begins at birth. Included in the socialization process is the child's cultural heritage which is an important segment of the total process. This must begin at the earliest moment; otherwise [Black] children will not have the background and knowledge which is necessary to survive in a racist society. This is impossible if the child is placed with White parents in a White environment" (Simon & Alstein, 1977: 50) Although the NABSW position expressed three decades ago was made in a seriously different environment characterized by higher degree of interracial tensions some of the key arguments on which it relied did not become outdated. Thus, several relatively recent studies have demonstrated that African American families are likely to have difficulties preparing their children to succeed in the U.S. society characterized by the residuals of racist attitudes toward representatives of the minorities. Racial messages from the authorities, lower expectations at school, and prejudiced attitude from the low-enforcement officers are often listed among the most essential factors of influence in this regard (Bradley, 1998; Robinson & Ginter, 1999; Tatum, 1997). Presently, the views expressed by the scholars and child support organizations regarding the issue of transracial adoption gradually shift toward a more positive stance. Thus, the North American Council on Adoptable Children (NACAC) that includes more than 400 Canadian and American child advocacy organizations believes that racial background and ethnicity do play an essential role in socialization of a child: a family of the same racial or ethnic background is preferable for a child in terms of developing a set of effective strategies to cope with the racist attitudes still adopted by many American citizens. However, the NACAC also believes that

Resource Planning At Hershey Foods Corporation

Resource Planning At Hershey Foods Corporation Enterprise resource planning (ERP) encompasses virtually every facet of information technology (IT); therefore, its implementation is vital to the overall effectiveness of an organizations IT processes. In 2008, the Hershey Foods Corporation was the focus of a study conducted from 1997-2002 during which time Hersheys attempt to implement ERP was a failure. In 1996, Hersheys moved to modernize its hardware and software from legacy systems to a client/server environment by April 1999. The software module implementation was to be outsourced to three software vendors (SAP, Manugistics, and Siebel); however complications delayed the projected switch to July 1999. To bypass the complications, Hershey chose Big Bang ERP implementation but that choice proved fruitless as retailers experienced problems with order fulfillment, processing and shipping. Hersheys warehouse contained sufficient inventory but retailers still received shipments late. During the third quarter of 1999, Hersheys revenu es dropped by 12%. The purpose of this study is to examine the past failure of Hersheys ERP implementation, while reviewing current information and data to determine the effectiveness of Hersheys efforts since 2002. Studying the circumstances that led to Hersheys ERP implementation failure will aid in illustrating the process of ERP implementation in large organizations with focus on the role management plays in ERP success or failure and how these factors can be avoided in the future. Contents Executive Summary 2 Contents 3 Terms of Reference 4 Literature Review 6 Evaluation of Alternatives 10 Recommendations 13 References 15 Terms of Reference Background In 1894, the Hershey Foods Corporation (Hershey) was founded by Milton Hershey as the Hershey Chocolate Company. Hersheys corporate headquarters is located in Hershey, Pennsylvania. Since its founding, Hershey has grown from a one-product company to a multi-billion dollar corporation with sales exceeding $1.41 billion during the first quarter of 2010 (Wahba 2010). After a tumultuous entry into the twenty-first century, Hershey is finally overcoming some of the obstacles that led to a significant decline in sales. Advertising spending was raised significantly during the first quarter of 2010 with plans to increase advertising spending up to 40% throughout the year. The company was one of many that experienced a decline during the global economic crisis but Hersheys strong leadership and conscious efforts to revamp its image has proven effective in boosting sales. Primary focus during 2010 has been on boosting sales for Hersheys Kisses, Kit at, and Twizzlers brands. Increased advertisi ng is predicted to put these products well above the 25-30% range previously forecast (Wahba 2010). Currently, about 85% of Hersheys sales are generated in the U.S., but it has failed to meet the desired outcome in international markets, putting Hershey behind its major competitor, Nestle. When Nestle began sales in emerging markets its sales rose by more than 10% (Wahba 2010). Problem Hershey has a long history of success and failure, mixed with both effective and poor leadership at the top management level. However, one of the companys most memorable failures is its initial attempt to implement ERP. At present, sales are rising amid a rocky economy but Hershey is still rebounding from the stigma of the failed ERP implementation. Reported sales are lowest among its competitors, indicating Hersheys need for improving its production strategies is of the utmost importance. Effective ERP implementation coupled with a strong top management team is one method of improving productivity and increasing sales -both domestic and abroad. Scope of Study By analyzing the past ERP implementation efforts, this study will illustrate how Hersheys production will benefit from an effective ERP solution. Information reviewed during the course of this study includes, but is not limited to, academic journals, corporate reports, past case studies pertaining to the Hershey Corporation, government resources, and print and online library sources. The information obtained during the course of this study aid in fostering an understanding of the relationship between the information system and the external environment, strategy, business processes, structure and culture, and information technology infrastructure of an organization. The outcome of the references reviewed will provide sufficient data to conduct an evaluation of the potential impact implementing ERP has on Hershey. Following the submission of this report, the reader will understand the importance of implementing ERP as a vital component of an organizations IT system, particularly for He rshey and its expanding needs amid the global marketplace. Literature Review When Hershey began planning to implement an enterprise resource planning (ERP) system, the companys top management was unaware of the potential pitfalls it would encounter. ERP systems are management information systems that incorporate and automate many of the practices linked to general operations and production of a company, including manufacturing, logistics, distribution, inventory, shipping, invoicing and accounting. An ERP system is integrated with a relational database system that, when implemented effectively, can improve the efficiency of the organizations business processes. However, the process involves extensive employee training and retraining and the development of modified or new work procedures. Due to the cross-functional and extensive nature of the ERP system, all functional departments must be involved in operations and productions. The benefit of an ERP system for Hershey is the systems effectiveness in improving and automating much of the processes linked to the supply chain while improving timelines for shipments. Hershey opted to implement SAP because of its reputation as a leader among IT solutions in the early 1990s. Hersheys initial attempt to implement SAP spanned over three years and was conducted during the companys peak periods. The implementation process was to be completed over a period of time to allow the company to continue production and sales; however, the complications that Hershey faced hindered its productivity and sales. The impact of such a drastic change during the peak sales period created a major setback resulting in a significant loss in profits and sales (Analyzing n.d.). The company maintained full compliance with the vendor during the implementation process. However, the problem stemmed from timing issues. Hersheys choice to implement the change during its peak period provided detrimental to production and sales and put the overall organization at risk. In retrospect, the companys primary errors were related to the timing of the planned implementation and the implications regarding workloads. Based on the companys sales history, Hersheys top management should have been aware of the risks implementing a major solution would have on the organizations processes. The impact was felt at all levels, particular during periods when confectionary products are in highest demand. The companys order processing systems were impacted the most. Retailers complained that orders were not received, were delayed or that the wrong products were received (Stedman 1999). The relationship between Hershey and its customers were bruised and trust was dwindling. The fiasco opened the door for competitors to step in and take up the slack Hershey left in the marketplace. As a result, Hersheys annual sales plummeted and the competitors annual sales soared. When implementing an ERP solution, the initial planning process is most important. Hersheys top management was aware of peak sales periods; therefore, the authorization to proceed with a drastic organization-wide change was the first error. The initial proposal for implementation should have raised red flags among the companys executives, but the plans moved forward and the result was devastating for the company, its customers and employees. The use of IT should yield results opposite of what was achieved at Hersheys. IT, particularly ERP systems, are designed to create barriers to competition, lower the costs of market entry, shorten timelines, speed cash flow, cut out intermediaries, build bridges, and keep the organization better informed than its competitors (Benson and Standing 2002). Technology, in the context of organizations similar to Hershey, can change production, business processes and organizations, including the potential to change and maximize the potential of social structures and interactions (Benson and Standing 2002). When contemplating IT changes the organizations management must pay close attention to the areas of the business that may be impacted by the change. Despite the belief that success in one area of business usually comes at the cost of another, this does not have to be true (Benson and Standing 2002). Understanding the organizations strengths and weaknesses aids in the planning process. Management will then be able to plan for potential obstacles and implement an alternative before complications put the organization at risk. Under the same premise, Hersheys decision to implement SAP was not the problem, poor management and ineffective planning was the companys major problem. Hersheys error was linked to ineffective restructuring of its business processes and the amendments needed to accommodate the companys production during the ERP implementation period. Furthermore, the company pushed to implement a process in 30 months when the typical implementation process averages about four year s. The rapid implementation attempt disrupted the companys normal functioning and created mass confusion and conflict at both an internal and external level. Since [Hersheys] attention was wholly diverted to ERP, it was not possible to rectify the uncertainties that emerged in the business as a result of ERP (Analyzing n.d.). The companys efforts, although limited, were unbalanced. Hershey found it difficult to focus on both the regular processes of conducting business and the ERP implementation. The result was a reduction in sales, irate customers, conflict among employees, and a growing reputation as a vendor that could not be trusted. The situation was worsened at the end of the 30 month period when Hershey realized the implementation was not effective because the ERP systems were not working in full capacity due to some final touches which were not done (Analyzing n.d.). The optimal solution for ERP implementation is to plan the process around an organizations peak periods. If Hershey had begun the implementation process during slow periods, the outcome would have been different. However, the impact of missing final touches would still be an issue. Again, the fault falls to the companys management team, who is ultimately responsible for ensuring that such major changes begin only when the company is least vulnerable. Implementing during slow market periods gives the company the time needed to make the change, to prepare its departments and respective employees for the change, and emerge stronger than before the change was made. Evaluation of Alternatives ERP is a complex process that requires stringent maneuvering and processing within the organization. Prior to beginning the ERP implementation, Hershey should have put more effort into ensuring the success of the process. Hershey should proceed with the process only after researching and planning to ensure that ample time and efforts needed to achieve successful change was possible. Instead, Hershey chose to proceed during a time when its sales were highest and risks were compounded. Most disturbing is that the company was no stranger to implementing IT processes. In the past, Hershey had implemented a CRM solution, so it should have been aware of the complications that can arise. The company simply chose the wrong time to implement the ERP solution, and timing is everything. In the contemporary business world, particular amid a time of rapidly advancing technology, Hersheys main focus should be on maintaining productivity. However, the use of ERP solutions is a must to meet the growing demands of the consumer. Customers want easy ordering options, fast order processing, and rapid order receipt. The ERP system is designed to improve these functions in businesses but for an effective implementation process that will yield the desired results, the company must carefully choose the time for the implementation process -even if that means dividing the process into stages. By segmenting the implementation process, Hershey would meet its objectives of a streamlined IT process while maintaining productive operations and retain satisfied customers. An ERP system can help increase a businesses efficiency, which increases customer satisfaction. Instead of focusing on independent departments for processing and meeting objectives, the ERP system streamlines the process from production to shipping and beyond. Prior to beginning the ERP implementation Hershey should have met with department heads who, in turn, would explain the upcoming processes including how the implementation process would impact production within the company. From there the employees would be knowledgeable in how to handle issues that could arise (e.g. order fulfillment issues, shipping, et al). Overall, the bottom line is to plan accordingly so that the ERP implementation process can be effectively achieved while the organizations regular processes are not negatively affected. Inadequate training is a common factor in ERP implementation failure. Hershey failed to train its employees on how to handle potential changes that would occur during the implementation process, while also preparing for training for the new system. All the way around, management failed. While pre-implementation research and planning is one alternative to effective implementation, the companys management team should have been more diligent in handling its responsibilities for the organization. Therefore, the company should have taken a closer look at its management team to determine where the error originated. The complications originated at the management level creating a domino effect where the companys individual departments were impacted and the customer was left in the cold. In a customer-driven market it is not the product or service that matters most; instead the greatest value rests in how the customer perceives their overall relationship with the company. It is the value factor. The management team should have been aware of the customers view; then it should have approached the implementation process accordingly to ensure the customers needs were not ignored. In retrospective, Hersheys management team should have known, prior to the ERP implementation, how the company would maintain customer satisfaction during the process. Both internal and external factors should have been better analyzed. Hershey failed to analyze the very components that achieve customer satisfaction. Management should have focused its change in a way that would not jeopardize its relationship with current customers, their use of the companys products, and their impression of Hersheys service. The information obtained during the pre-planning phase is more important than the overa ll projected change since this information is a guiding point for successful ERP implementation. Recommendations When Hershey decided to implement an ERP system, it failed to analyze the companys history of peak sales periods and plan the implementation process around the most productive periods. Instead, the company began implementation during its peak period which resulted in overload among its workforce nd complications within production and shipping that led to a significant loss of sales, a tarnished reputation, and a loss of trust among its customers. The decision to implement an ERP system was a good idea but the timing was wrong. Timing is everything, especially when the risks involve not only the organization and its employees but retaining customers. Furthermore, Hersheys management team failed to consider its supply chain management functions and the outcome was chaos within the internal and external processes associated with production, order fulfillment, and shipping. The onset of pre-planning begins with reviewing the companys current balance (Caruso 2007). When management has a v iew of what it takes to keep the organization productive, then the planning phase can begin. When accurate planning is achieved the risks to the organization are minimized. Studies reveal that one of the most common reasons the implementation of change results in failure is linked to unplanned or under planned phases of implementation. Planning is crucial for effective implementation of an ERP system. However, there is no universal single point of failure linked to unsuccessful ERP implementations. In the case of Hershey, however, the causes are directly linked to efforts that are easily remedied: inadequate training, corporate culture, timeline flexibility, and unrealistic expectations. Hershey has since worked hard to ensure the same mistakes are not repeated. Its current management team is more in tune to the needs of all the organizations stakeholders. Adequate training within Hershey has become paramount to all other functions. The companys management team realizes that inadequate training, particularly at the management level, is a leading cause of organizational failure. Now, the company focuses on how to do business differently, rather than training on new computer software. While training for the ERP system was a focus, it was not the predominant focus. Hershey learned the hard way that change had to be made internally before an ERP solution could be effective in streamlining its internal and external processes. Many ERP projects are bound to fail because employees are not trained to handle the factors that come with change. Timeline flexibility is imperative to success, as well. In its subsequent attempts to streamline operations, Hershey worked to ensure t hat the system was fully tested and ready for implementation to avoid negative consequences similar to those the company experienced in 2002.

Cyber Addicts :: essays papers

Cyber Addicts The Longest River: Denial A hallmark of someone who is engaging in this addiction pattern, but who has not accepted that their behavior is out of their control, is denial. Denial is a psychological defense mechanism that enables a person to continue to engage in a behavior in spite of relatively obvious negative consequences on their life. It’s a way to protect ourselves from seeing or feeling things that are unpleasant. In the case of the gambling addict, there may be repeated warnings from his or her spouse that they will not tolerate continued spending of household savings, job loss, and constant harassment by creditors. In light of this, the gambling addict will still deny that they have a problem with gambling and will believe that they have complete control over their actions. Denial permits one to distort reality, a very powerful psychological defense; it can have devastating consequences on our life, and the ability to disregard such negative consequences while continuing the behavior is a hallmark of denial. Denial is present, to some extent or another, in all addictions. It’s necessary, in the development of an addictive process, to experience a sense of denial while the addiction is beginning to take hold. Otherwise we would not continue with the addictive behaviors. Because of denial, the impact of our negative behavior is never fully appreciated until the consequences become so overwhelming that they can no longer be ignored. This is sometimes referred to as "hitting bottom." People may continue their behavior indefinitely, with no recognition of the negative consequences of their actions, in spite of numerous personal disasters. Often an individual will not seek help for a specific problem, unless they’ve recognized that they are no longer in control of the situation and need help. This usually happens at a point when the negative impact of their addiction has become grossly obvious and their denial is broken. It is a process that cannot be rushed . Each person has to discover their own time frame for how and when to deal with their addiction. This, of course, can be very frustrating for family and friends of the addict, who often notice the problem long before the addict does. Negative consequences of Internet use vary considerably. I have been consulted on Internet cases where employees have been caught using their work computer for personal Internet access (in some cases wasting considerable company time and/or downloading sexually related material onto their computer).

Indiana Jones the Movie, Analysis of Hinduism

rough copy : indiana jones temple of doom movie review in relation to hinduism. what it got right, wrong and why Dr. Henry â€Å"Indiana† Jones, is known as a famous character protagonist of his own movie, television, and comic book franchise: known for his love of adventure and signature crack of his whip makes for a good time at the cinema, and does well at the box office. In his first ever on screen full feature movie adventure â€Å"Indiana Jones: The temple of doom† directed by Steven Spielberg, and produced by George Lucas â€Å"Indie† travels to the great vastness known as Asia, specifically the nation of India, or what’s depicted as India anyways.Within the first 10 minutes the vague credibility of the film goes downhill and go for the worst. In most cases to the untrained eye, the story line still looks accurate, but with any, even basic prior knowledge the errors are easily apparent. While many parts of the movie are relatively close to real Hind u life in India, like: the presence of a Thugee Cult, the government in India at which the time in the movie takes place (set in 1935), and the religious and political structure of India. Besides these components most other depictions involving India or Hinduism, provide false facts.In my opinion three of the most significant wrong-doings in the film are: the falsified history of Kali, the inappropriate religious/divine being shrines and temples, and most of all the location of the film that creates the religious basis for the entire movie. The question to be asked in this instance is did the producer, George Lucas make these religious aspect errors by lack of research and investment, or intentionally? The stereotyping of Hinduism in this movie is inaccurate and offensive to Hindu culture. This movie, though action packed and entertaining, has many easily visible faults.The first, which you notice within the first scenes is the false location of the movie. Even though the location i s not directly in violation of Hinduism, and doesn’t affect the ability to create realism within the film, it dies set the bases of all the Hindu practices, and is the cause of most other wrong-doings in the movie. Before the movie even began shooting, it, even though uncommonly known to the public, had the script run by the Indian government (the most Hindu rich nation in the world, and the basis of the movie) and had it’s filming abilities in the country suspended, and ltimately got the producer and film team banned from the country. Therefore the actual filming of the movie took place in Sri Lanka and Brazil. The film was banned on grounds of injustice of the culture, the script depicting all of the Hindu nature as a demon-like paralleled to the Thugee cult, which is greatly untrue. Thus making the location the basis for the injustice of the film. The second most significant error made in the film of my opinion is the story/ history of Kali.Kali, better known as the goddess Parvati, the mother goddess of Hinduism and leader of the shakti energy path and consort of Shiva. One of her many forms is Kali, along with Durga and many others. Kali is the fierce destroyer of evil, and the center item of worship in the Thugee cult. The errors involving Kali include instances like: in the scene after the battle of Indiana Jones and the Thugee cult leader on the destroyed bridge over the chasm, Indie states (right before sending his opponent to his death) â€Å"You can burn with Kali in hell†.This statement raises two problems; the first being the concept of hell, and Hindu no matter which yoga path, theistic or non-theistic, does not believe in the concept of hell or place of eternal evil damnation, but only in reincarnation and achieving moksha. The second being that if there was a hell or place of evil, the fact that Kali belongs there or that Kali is viewed as â€Å"bad†. Kali is the fierce destroyer of evil, and protector of the good, d eserving great appreciation. (Even if she doesn’t look so good with her mask of ugliness, you shouldn’t judge a book by it’s cover)The last, and one of the most blatantly ridiculous mistakes made within the movie is the false/wrongly used religious and divine shrines and statues. Hindu’s use deity statues and shrines to give thanks or â€Å"puja† to the deities. These statues can range from depictions of Shiva to Ganesha or any of the other three million deities. The mistakes made under this category vary, but the most common are the use of statuettes from other religions, fake/ made up gods, or use of statues that are not gods.Examples of this are in the scenes in the Thugee cults â€Å"lair† or temple, where they actually use Mayan deity sculptures in place of Kali sculptures, most likely to depicted as a more ferocious character. This affects the whole layout of the temple, and the Thugee ceremony no longer has any remote resemblance to t hat of a genuine Thugee ceremony. Thus adding to the horrifying action but tremendous inaccuracy of the movie. And unfortunately this only begins the immense amount of inaccuracies within the film. The extent of the true accuracy in the movie is quite small to what someone would expect.So little is accurate you have to search for factual information, and give pity for the producer, almost like saying â€Å"at least you tried†, and instead of giving him a gold star he gets a sort of cheesy smiley face sticker that no one really wants as a reward. The three most significant true to life facts, I scraped together from the film are as follows: the basis of the Thugee cult, India’s depicted government at the time (1935), and the religious and political structure in the movie (federal, and municipal).The main type pf Hinduism displayed in the movie was that of a cult in asia from the early 1400’s to the late 1830’s called the thugees. This cult was never recogn ized as an actual part of the Hindu religion, and was suppressed by the British government because of malpractice. This cult would practice in secret, in informal places of worship (like one of the cult members homes), the basis of the belief and the practiced ceremonies were to please the goddess embodiment of Parvati named Kali.To show their devotion to her, they would offer human sacrifices as a form of Puja. They would do this by kidnapping random travelers in India (to not raise an suspicion) and would sacrifice them in front of a Kali sculpture by strangulation and suffixation. This practice is what the ceremonial sacrificing in the movie remotely resembles, and most likely where Mr. Lucas got the idea. The next accuracy is the government in the movie, and its true reality to life at the time.This is significant to the religious standings in the movie because in 1935, Britain had claimed India as a colony, and therefore disrupted many of their religious practice and replace th em with their own. This caused tension between the British and Indian governments, and was visible during the dinner scene at Bangkok palace between the British ambassador and the Indian royal regent to the child king. Lastly The municipal and federal government structures, are relatively true to even modern day culture. In majorly religious cultures, like that of India religious hierarchy’s and political governments are combined and intertwined.Meaning many religious figures, like priests and guru’s also hold political power, which truly keeps religious qualities in mind while created laws to benefit people in reality and spiritually. This is scene in the movie in two cases; one, when the child king is also a major component of the thugee ceremony and it vital to its practices, and two, in the town where the children were stolen from the priest and community leader (like a mayor) are equals in the society. Unfortunately this is really all the movie got right, but it d id make for a good action flick, and Harrison Ford was pretty easy on the eyes.Indiana Jones and the temple of doom was an action movie of its time, earning great reviews from everybody everywhere in America. Western culture ate up the story line, the action of the fighting scenes, the compassion for the kidnapped children, and the cute romance between Indie and a strange club singer. Western culture truly have no clue about other religions besides there own. The Hindu culture is nothing like that portrayed in this film, but would anybody enjoy the movie if everyone got along and shared the prasad of the puja like one big happy family?No. Movie goers want to see action, they want to see the weird stuff other people do (even if it’s fake), and they want to see one of their own people defeat the evil doers of others, it brings a sense of pride. I believe Mr Lucas intentionally made these mistakes to play to the viewers needs to make a successful movie. Mr Lucas achieved his goa l but paid the price with realism, and the fact he can never go to India on vacation which would make a really cool holiday.