Tuesday, November 26, 2019

MEM Case Study Questions (Harvard Business School)

MEM Case Study Questions (Harvard Business School) INTRODUCTIONMEM Company, Inc., started up in 1883 by Mark Edward Mayer, produces an extensive range of colognes and toiletries. Sales had decreased over the year and MEM is now looking into several options to improve growth. After much extensive analysis, our team had decided to drop the option of launching Cambridge due to the stiff competition from Shulton's Blue Stratos which has a $12 million marketing budget with a fresh slogan, 'Unleash the Spirit', which we believe will differentiate Blue Stratos from the competition. Without the financial muscle and distinct product differentiation, Cambridge would languish in the shadow of Blue Stratos. Therefore, our team suggests that MEM should concentrate on repositioning itself in the market to retain and attract customers.PRODUCTBased on the data given, we found out that there are multiple products that are targeted at the same group of consumers. We found that this problem might have been caused by the process in choosing fragrance fr om the manufacturer.Mem à » Zà ®nIt is stated that most of the time, the research results turn out to be inconclusive. We feel that it is important to have a wider test market that does not belong to the employees of the company and that a clear guideline is given to them to ensure that they know what is the process about.Another suggestion we have is to remove Lime from the product line as it targets at the same consumers as Musk. Furthermore, Lime only makes up for a 2.3% of total sales and most of it is from the sale of the gift sets. By eliminating Lime, there will be more shelf space freed to display other products. The withdraw production of product Lime will provide more cash available for advertising budget. Production efficiency can also be improved. It is...

Saturday, November 23, 2019

The Negro Motorist Green Book Aided Black Travelers During Segregation

The Negro Motorist Green Book Aided Black Travelers During Segregation The Negro Motorist Green Book was a paperback guide published for black motorists traveling in the United States  in an era when they might be denied service or even find themselves threatened  in many locations. The creator of the guide, Harlem resident Victor H.  Green, began producing the book in the 1930s as a part-time project, but growing demand for its information made it an enduring business. By the 1940s the Green Book, as it was known by its loyal readers, was being sold at newsstands, at  Esso gas stations, and also by mail order. Publication of the Green Book continued into the 1960s, when it was hoped legislation prompted by the Civil Rights Movement would finally make it unnecessary. Copies of the original books are  valuable collectors items today, and facsimile editions are sold via the internet. A number of editions have been digitized and placed online as libraries and museums have come to appreciate them as noteworthy artifacts of Americas past. Origin of the Green Book According to 1956 edition of the Green Book, which contained a brief essay on the publications history, the idea first came to Victor H. Green sometime in 1932. Green, from his own experience and those of friends, knew of painful embarrassments suffered which ruined a vacation or business trip. That was a genteel way of expressing the obvious. Driving while black in 1930s America could be worse than uncomfortable; it could be dangerous. In the Jim Crow era, many restaurants would not allow black patrons. The same was true of hotels, and non-white travelers might be forced to sleep by the side of the road. Even filling stations might discriminate, so black travelers could find themselves running out of fuel while on a trip. In some parts of the country, the phenomenon of sundown towns, localities where black travelers were warned not to spend the night, persisted well into the 20th century. Even in places that did not blatantly proclaim bigoted attitudes, black motorists could be intimidated by locals  or harassed  by the police. Green, whose day job was working for the Post Office in Harlem, decided to compile a reliable listing of establishments African American motorists could stop and not be treated as second-class citizens. He began collecting information, and in 1936 he published the first edition of what he titled The Negro Motorist Green Book. The first edition of The Negro Motorist Green Book sold for 25 cents and was intended for a local audience. It featured advertisements for establishments that welcomed African American patrons and were within a days drive of New York City. The introduction to each annual edition of the Green Book requested that readers write in with ideas and suggestions. That request drew responses, and alerted Green to the idea that his book would be useful far beyond New York City. At the time of the first wave of the Great Migration, black Americans might be traveling to visit relatives in distant states. In time the Green Book began covering more territory, and eventually the listings included much of the country. Victor H. Greens company eventually sold about 20,000 copies of the book each year. What the Reader Saw The books were utilitarian, resembling  a small phone book that could be kept handy in an automobiles glove compartment. By the 1950s dozens of pages of listings were organized by state and then by town. The tone of the books tended to be  upbeat and cheerful, giving an optimistic look at what black travelers may encounter on the open road. The  intended audience, of course, would be all too familiar with discrimination or dangers they might encounter and did not need to have it stated explicitly. In a typical example, the book would  have listed one or two hotels (or tourist homes) that accepted black travelers, and perhaps a restaurant that did not discriminate. The sparse listings might appear unimpressive to a reader today. But to someone traveling through an unfamiliar part of the country and seeking accommodations, that basic information could be extraordinarily useful. In the 1948 edition the editors expressed their wish that the Green Book would one day be obsolete: There will be a day sometime in the near future when this guide will not have to be published. That when we as a race will have equal opportunities and privileges in the United States. It will be a great day for us to suspend this publication for then we can go wherever we please, and without embarrassment. But until that time comes we shall continue to publish this information for your convenience each year. The books continued to add more listings with each edition, and beginning in 1952 the title was changed to The Negro Travelers Green Book. The last edition was published in 1967. Legacy of the Green Book The Green Book was a valuable coping mechanism. It made life easier, it may have even saved lives,  and theres no doubt it was deeply appreciated by many travelers over many years. Yet, as a simple paperback book, it tended not to attract attention. Its importance was overlooked for many years. That has changed.   In recent years researchers have sought out the locations mentioned in the Green Books listings. Elderly people who recall their families using the books have provided accounts of its usefulness. A playwright, Calvin Alexander Ramsey, plans to release a documentary film on the Green Book. In 2011 Ramsey published a childrens book, Ruth and the Green Book, which tells the story of an African American family driving from Chicago to visit relatives in Alabama. After being refused the keys to the restroom of a gas station, the mother of the family explains the unjust laws to her young daughter, Ruth. The family encounters an attendant at an Esso station who sells them a copy of the Green Book, and using the book makes their journey much more pleasant. (Standard Oils gas stations, known as Esso, were known for not discriminating and helped promote the Green Book.) The New York Public Library has a collection of scanned Green Books which can be read online. As the books eventually went out of date and would be  discarded, original editions tend to be rare. In 2015, a copy of the 1941 edition of the  Green Book was placed for sale at Swann Auction Galleries and sold for $22,500. According to an article in the New York Times, the buyer was the Smithsonians National Museum of African American History and Culture.

Thursday, November 21, 2019

ASSESSMENT 2 Essay Example | Topics and Well Written Essays - 2500 words

ASSESSMENT 2 - Essay Example This demonstrates the interdependence that exists between the managerial decisions made by the two firms and this affects the pricing and output in the market. Monopolistic market structure is characterized by the presence of multiple of firms that sell similar but non-identical products to equally informed consumers. Consumers are thus presented with an opportunity of picking either product from any of the consumers, as they are substitutes of each other and thus serve the same purpose. Edward Chamberlin and Joan Robinson first described the monopolistic market structures in the 1930s and generated the characteristics of such a market. Duopoly and monopolistic market structures differ significantly in the number of producers, type of goods and the government influence that is exerted in each situation. This paper seeks to highlight the differences between the two market structures and this affects the performances of the firms involved. The paper also seeks to provide a case study of firms in the united states that operate under the two different market structures and how their success and failure has been influenced by this market struct ure (Weron and Weron, 438). The first obvious characteristic of duopoly market is the presence of only two firms, sellers or produces whose actions or lack of it affects the managerial decisions of the other. For long, a number of firms in the United States have operated under a duopoly market structure but has since changed due innovation and technological advancement. Pepsi and Coca-Cola are the major soft drink manufacturers in the United States and they literally control the market and its dynamics. Visa and MasterCard have also remained as the major plastic money providers not just in the United States but also in major economies around the world (Weron and Weron, 439). In a duopoly market structure, the decisions made by one of

Tuesday, November 19, 2019

Flexibility and the Contract of Employment Essay

Flexibility and the Contract of Employment - Essay Example 74). Most of the institution traditionally hire workers and require them to perform their duties during fixed time which are normally eight continuous working hours a day and in a specific places. In the modern society most of the employees and employers are shifting away from this tradition and are focusing on a variable working agreements to enable workers perform their duties according to their wishes. This has enabled workers to have time with their families and also be able to utilize their working time effectively since they only work when they are ready to work (Berndt & Hartmut 2005, p.191). This has result to gains from both parties in terms of productivity and convenience of discharge of the obligations. 1. Different Recruitment Techniques Every organization aims at acquiring the most efficient and effective workforce who are capable of improving organization’s performance and make it competent (Berndt & Hartmut 2005, p.198). Though there are many qualified job seeke rs who are ready and willing to work for such organizations, sometimes it is not easy for organizations to hire the most qualified workforce as they would wish (Lipsey & Mucchielli 2002, P.76). The approach taken by the human resource managers during recruitment and hiring of workers will determine the quality of their workforce hence the overall performance of the organization. Approaches for recruiting qualified workers Through recruiting agencies: there are numerous agencies who hire workers on behalf of the organizations (Lipsey & Mucchielli 2002, P.83). Those agencies are ran by qualified hiring personnel who have potential to establish what the organization requires in terms of manpower and look for job applicants with those particular requirements. The advantage of using agency is that agencies normally have time to scrutinize the potential workers unlike organizations which may rely on experience of busy managers with limited resources for recruiting workers. Also, agencies rarely engage in canvassing with job applicants hence there is possibility for getting the best candidates (Berndt & Hartmut 2005, p. 202). Agencies also maintain records of all job applicants hence they can easily trace the most qualified workers whenever they are required to do so hence providing a quick solution to the organizations’ needs of personnel. Also some trade associations encourage their member organizations to advertise their jobs through their websites. Therefore, job seekers can easily access the vacancies in various organizations and apply for them hence giving organizations an opportunity to select the best candidates from the list of applicants (Berndt & Hartmut 2005, p.217). The advantage of this approach is that it offers cheap method for the organization to acquire workforce since most of those association do not charge their members anything. Internal recruitment where organization selects existing workers to fill higher positions left vacant in the org anization (Lipsey & Mucchielli 2002, P.90). This approach is efficient because it enables organization to maintain its loyal workers. This instils trust and loyalty among workers because they have confidence that once chance occurs within the organization the existing employees have equal opportunity of being upgraded. This method further enables organization to save its expense they would otherwise incur in hiring workers from outside the organization. Another approach is use of eternal recruitment of employees approach to acquire workers for their organizations. This approach involves inviting job applicants from outside the

Sunday, November 17, 2019

Brain Structures and Functions Worksheet Essay Example for Free

Brain Structures and Functions Worksheet Essay Provide a brief description for each of the following functions: 1. Basal ganglia The basal ganglia is part of the corpus striatum and is in the cerebral hemispheres. It is made up of the substantia nigra and subthalamic nucleas and controls cognition, movement coordination and voluntary movement. 2. Corpus collosum The corpus collosum is made up of nerve fibers and separates the cerebrum into a right hemisphere and a left hemisphere. This part of the brain connects the right and left sides and also controls the communication between the two sides. It controls eye movement, tactile localization and keeps a balance between arousal and attention. 3. Temporal lobe The temporal lobe is part of the cerebral cortex. It controls how we perceive and understand sounds as well as our memory, speech and our emotional responses. 4. Occipital lobe The occipital lobe is part of the cerebral cortex. It controls how we perceive what we see and how we recognize colors. 5. Frontal lobe The frontal lobe is part of the cerebral cortex. It’s the part of the brain that we use for problem-solving, decision-making, and planning. 6. Cerebrum The cerebrum is the largest part of the brain and it’s the most developed area in the brain. This part of the brain controls body functions, which includes muscle movement, sensory impulses and touch sensation. The cerebrum also controls organization, planning, intelligence level, personality as well as the way we think, process and understand language. 7. Spinal cord The spinal cord is made up of nerve fibers and runs from the brain to the spine. The spinal cord sends the signals that go to and from the brain and the rest of the body. 8. Cerebellum The cerebellum is made up of both white matter and of thin gray matter that is folded and layered on the outside of the cerebellum. It includes neurons that we use to process data and controls our coordination, balance, and equilibrium. 9. Medulla The medulla is part of the hindbrain. Its functions are that it controls the functions of our nervous system such as digestion, breathing, sneezing and swallowing. The medulla also sends the nerve signals between the spinal cord and the brain. 10. Pons The pons is the part of the hindbrain that connects the cerebral cortex and the medulla oblongata. This is the part of the brain that controls arousal, sleep, and our nervous system functions. It also sends the sensory signals to and from the cerebellum and cerebrum. 11. Hippocampus The hippocampus is part of the limbic system. It is shaped like a horseshoe and controls our navigation and our body orientation, our emotional responses and how we process new memories. It is also where our memories are stored. 12. Amygdala The Amygdala is a composed of nuclei and is located in the temporal lobe. The amygdala controls memory, arousal, emotional responses, hormonal secretions, and how our nervous system responds to fear. 13. Pituitary gland The pituitary gland is divided into three sections: a posterior lobe, an intermediate lobe, and an anterior lobe. The pituitary gland produces growth hormones. It regulates endocrine function and hormone production and stores the hormones made by the hypothalamus. 14. Hypothalamus The hypothalamus is part of the limbic system. It controls our autonomic, endocrine and motor functions. It also controls homeostasis, regulates our intake of food and water and regulates our sleep-wake cycle. 15. Thalamus The thalamus is located underneath the cerebral cortex. The thalamus controls our motor movements and our sleep and wake states. It also sends sensory signals to the cerebral cortex and receives all of the visual, somatosensory, and auditory sensory signals.

Thursday, November 14, 2019

The Notebook critique Essay -- essays research papers

The Notebook By Nicholas Sparks â€Å"I am nothing special, of this I am sure. I am a common man with common thoughts and I've led a common life... but I've loved another with all my heart and soul, and to me, this has always been enough. -Noah Calhoun   Ã‚  Ã‚  Ã‚  Ã‚  When we were assinged to do a book critique, I knew right away I was going to do a Nicholas Sparks novel. I have read all of his books, cried many tears and felt many emotions as I pictured the people falling in love, people doing heroic events and people living their normal life. I wasn’t sure which one I wanted to do, but I had to go with the book that affected me the most, The Notebook. The Notebook was the first novel written by Sparks and personally it is my favorite. He is a wonderful author who possesses the ability to have that deep heart felt emotion and love that many women search for in life. He wrote the book in such a way, that I as a female related to. I have felt the emotions Allie felt, I have been through the heart break, so relating and picturing events from The Notebook was never an issue for me, or maybe any other woman either.   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  The Notebook is a book written about a forbidden love from the south in the 1940's. The main characters, Noah Calhoun and Allie Hamilton come from two very different backgrounds. Noah is a poor boy who works hard for everything he has, and Allie is a rich girl who is determined to go to a great co...

Tuesday, November 12, 2019

Pennsylvania Sovereign Immunity Statute Essay

Rooted in the history of common law in England was the immunity of the sovereign from the processes of the law (Christie and Meeks, 1990). However, this idea of some man or body of men above the law was said to be objectionable to the English concept of justice (Christie and Meeks, 1990). â€Å"The King can do no wrong† was often the explanation for the said immunity but denoted more the lack of adequate redress at law than absence of capacity to violate the law (Christie and Meeks, 1990). Thus, the agitation for the availability of tort remedy against the sovereign, or the state to any considerable degree led to the mature development of the law (Christie and Meeks 1990, page 1202). Because of the increase in the scope of governmental activities and the expanding activities of the Federal Government which touch upon the life of every citizen in such an intimate manner, pressures to either abolish the state’s immunity from suit or to have a waiver of the sovereign immunity in limited situations, increased (Christie and Meeks, 1990). The Pennsylvania Sovereign Immunity Statute has been one of those which hoped to address the increasing dissatisfaction with the concept of sovereign immunity from suit (Christie and Meeks, 1990). This paper hopes to explain the Pennsylvania Sovereign Immunity Statute and the exceptions provided for under the said statute. The paper would also present the particular Constitutional provision which provides support for the exception to the Sovereign Immunity. Finally, the paper hopes to present case laws, the venue, process and limitations, in order to explain further the exception to the said immunity statute. Pennsylvania Sovereign Immunity Statute Over three-fourths of the states in the United States of America have either totally abolished the doctrine of sovereign immunity or substantially modified it (Christie and Meeks, 1990). One such example is Pennsylvania which provides for exceptions to the doctrine of sovereign immunity. 42 Pa. C. S.  §Ã‚ § 8521-8528 provides for the Sovereign Immunity in general, the exceptions and the limitations on damages. 42 Pa. C. S.  § 8522 (b) provide for acts which may impose liability which include: Vehicle Liability or the operation of any motor vehicle in the possession or control of a Commonwealth party; Medical-professional liability or acts of health care employees of Commonwealth agency medical facilities or institutions or by a Commonwealth party who is a doctor, dentist, nurse or related health care personnel; Care, custody or control of personal property in the possession or control of Commonwealth parties, including Commonwealth-owned personal property and property of persons held by a Commonwealth agency; A dangerous condition of Commonwealth agency real estate and sidewalks, including Commonwealth-owned real property, leaseholds in the possession of a Commonwealth agency and Commonwealth-owned real property leased by a Commonwealth agency to private persons, and highways under the jurisdiction of a Commonwealth agency; Potholes and other dangerous conditions of highways under the jurisdiction of a Commonwealth agency created by potholes or sinkholes or other similar conditions created by natural elements; The care, custody or control of animals in the possession or control of a Commonwealth party, including but not limited to police dogs and horses and animals incarcerated in Commonwealth agency laboratories; the sale of liquor at Pennsylvania liquor stores by employees of the Pennsylvania Liquor Control Board created by and operating under the Liquor Code, if such sale is made to any minor, or to any person visibly intoxicated, or to any insane person, or to any person known as an habitual drunkard, or of known intemperate habit; National Guard activities or acts of a member of the Pennsylvania military forces; and finally, the administration, manufacture and use of a toxoid or vaccine not manufactured in the Commonwealth under conditions specified by the statute (42 Pa. C. S.  §Ã‚ § 8522 (b)). Under the Pennsylvania Constitution, all courts shall be open and every man for an injury done him in his lands, goods, person or reputation shall have remedy by due course of law, without sale, denial or delay, and suits may be brought against the Commonwealth in such manner, in such courts and in such cases as the Legislature may by law direct (Pa. Const. Art. I,  § 11). Hence, under this provision the general assembly waives sovereign immunity which is a bar to an action against commonwealth parties where damages would be recoverable under the common law or statute creating a cause of action if the injury were caused by a person to whom the defense of sovereign immunity is not available (Westlaw, n. d. ). Exceptions to the Sovereign Immunity The first exception to sovereign immunity is the vehicle liability or the operation of any motor vehicle liability in the possession or control of a Commonwealth party (42 Pa. C. S.  §Ã‚ § 8522 (b)). Motor vehicle means any vehicle which is self-propelled and any attachment thereto, including vehicles operated by rail, through water or in the air (42 Pa. C. S.  § 8522 (b)). In Harding v. City of Philadelphia, 777 A. 2d 1249 (Pa. Cmwlth. 2001), the Court held that bicycles are not motor vehicles (Governor’s Center for Local Government Services, 2003). In determining whether the vehicle is in operation, the Supreme Court held that the dispatcher’s directions do not constitute operation under the vehicle exception (Regester v. Longwood Ambulance Company, Inc. , 797 A. 2d 898 (Pa. Cmwlth. 2002)). In another case, the Court held that city’s negligent maintenance and repair of fire department’s rescue van was â€Å"operation of motor vehicle† within meaning of motor vehicle exception to governmental immunity (Mickle v.  City of Philadelphia 550 Pa. 539, 707 A. 2d 1124 (1998)). The Court further explains in the case of Vogel v. Langer, 569 A. 2d 1047 (Pa. Cmwlth. 1990), that â€Å"operation† necessarily entails momentary stops due to traffic and communication with other drivers, or such acts which are an integral part of the operation itself (Vogel v. Langer, 569 A. 2d 1047 (Pa. Cmwlth. 1990)). The second exception provides for the medical-professional liability or acts of health care employees of Commonwealth agency medical facilities or institutions or by a Commonwealth party who is a doctor, dentist, nurse or related health care personnel (42 Pa. C. S.  §Ã‚ § 8522 (b)). In Williams v. Syed, No. 431 C. D. 2001, the Court held that Dr. Syed has no privilege to claim sovereign immunity as a defense because as Chief Medical Director of State Correctional Institute at Pittsburgh, he falls within the medical professional liability (Williams v. Syed, No. 431 C. D. 2001). In the case of Stack v. Wapner, 368 A. 2d 292 (Pa. Super. 1976), patients successfully sued physicians for their negligent failure to monitor the patients after administering certain drugs (Stack v. Wapner, 368 A. 2d 292 (Pa. Super. 1976)). The third provides for the personal property exception, which is under the possession or control of the Commonwealth. The Court held that personal property must directly cause plaintiff’s injury not just facilitate it (Dept. of Environmental Resources v. Myers, 581 A. 2d 696 Pa. Cmwlth. (1990)). In this case, a helicopter pilot brought an action for injuries incurred when, under contract with the Department of Environmental Resources (DER), his helicopter ran into power lines while spraying for gypsy moths (Dept. of Environmental Resources v. Myers, 581 A. 2d 696 Pa. Cmwlth. (1990)). The pilot alleged that DER negligently placed the balloons marking the boundaries of the area to be sprayed as well as negligently providing him with a typographical map that failed to show the power lines (Dept. of Environmental Resources v. Myers, 581 A. 2d 696 Pa.  Cmwlth. (1990)). Because of the negligent placement of the balloons and the incorrectly marked map, the pilot contended those items of the Commonwealth’s personal property directly caused his injuries (Dept. of Environmental Resources v. Myers, 581 A. 2d 696 Pa. Cmwlth. (1990)). Rejecting that argument, the Court held that the placement of the balloons did not cause the injury, but merely facilitated another kind of negligence which is professional incompetence (Dept. of Environmental Resources v. Myers, 581 A. 2d 696 Pa. Cmwlth. (1990)). The fourth provides for the real property exception which is under the care, custody or control of the agency. The Court in a case held that the scroll saw was realty, taking into account the nature of the saw, the status of it with respect to the realty, the manner of annexation, and the use for which the scroll saw was installed (Cureton ex. rel. Cannon v. Philadelphia School District, 798 A. 2d 279 Pa. Cmwlth. 2002). In Collins v. City of Philadelphia 227 Pa. 121, 75 A. 1028, Pa. 1910, the Court held that the hole, six inches square, near the middle of a narrow sidewalk and in the direct line of ordinary travel, was more or less dangerous to all persons passing, whether walking or on skates (Collins v. City of Philadelphia 227 Pa. 121, 75 A. 1028, Pa. 1910). Thus, the girl whose foot went into the opening which resulted in permanent injuries, is within the exception provided by the statute (Collins v. City of Philadelphia 227 Pa. 121, 75 A. 1028, Pa. 910). The fifth exception provides that a dangerous condition of highways under the jurisdiction of a Commonwealth agency created by potholes or sinkholes or other similar conditions created by natural elements, shall be an exception to the sovereign immunity but the claimant must establish that the dangerous condition created a reasonably foreseeable risk of the kind of injury and that the Commonwealth agency had actual written notice of the dangerous condition of the highway a sufficient time prior to the event to have taken measures to protect against the dangerous condition (42 Pa. C. S.  §Ã‚ § 8522 (b)). In Litchfield, 22 D. & C. 4th 123 (C. P.  Clinton 1994) in that the Pennsylvania Department of Transportation has the responsibility to make a highway under its jurisdiction safe before it can transfer that jurisdiction, and that whether the highway was safe at the time of transfer is a factual issue for the jury (Litchfield, 22 D. & C. 4th 123 (C. P. Clinton 1994)). The sixth exception provides for the care, custody or control of animals in the possession or control of animals in the possession or control of a Commonwealth party to which the Commonwealth may be held liable (condition (42 Pa. C. S.  §Ã‚ § 8522 (b)). In a case, the Court held that the City of Philadelphia was not in control of a stray dog that attacked the plaintiff under the exception because a stray dog was not within the possession and control of the City (Jenkins v. Kelly, 498 A. 2d 487 (Pa. Cmwlth. 1985). Furthermore, the Court also held in another case that the fact that a township had investigated prior attacks by a dog, owned by a private citizen, and had even temporarily quarantined the dog on one of the occasions, did not create â€Å"possession or control† of the dog, when, at its owner’s premises, the dog attacked her guests (Lerro ex rel. Lerro v. Upper Darby Tp. , 798 A. 2d 817 (Pa. Cmwlth. 2002). The seventh exception provides that liquor store sales at Pennsylvania liquor stores by employees of the Pennsylvania Liquor Control Board if such sale is made to any minor, or to any person visibly intoxicated or to any insane person, or to any person known to any person known as a habitual drunkard or of a known intemperate habit then, Commonwealth cannot use as a defense, sovereign immunity (42 Pa. C. S.  §Ã‚ § 8522 (b)). Acts of members of the military forces are also included in the exception from the sovereign immunity statute (42 Pa. C. S.  §Ã‚ § 8522 (b)). In a case, the Court held that the proposition that the Supreme Court held that the supremacy clause of the United States Constitution prevents a state from immunizing state acts from liability imposed under federal holding that because the Pennsylvania Sovereign Immunity Act does not immunize the unnamed defendants from a cause of action created under federal law, the action cannot be foreclosed merely because the conduct of the defendants does not fall within any of the exceptions to immunity (Heinly v. Commonwealth, 153 Pa. Cmwlth. 599, 621 A. 2d 1212, 1215, 1216 (1993)). Finally, the last exception provides that the liability may be imposed on the Commonwealth for a toxoid or vaccine not manufactured in Pennsylvania and Pennsylvania must take responsibility for it (42 Pa. C. S.  §Ã‚ § 8522 (b)). The statute provides for the following additional guidelines, that the toxoid or vaccine is manufactured in, and available only from, an agency of another state; the agency of the other state will not make the toxoid or vaccine available to private persons or corporations, but will only permit its sale to another state or state agency; the agency of the other state will make the toxoid or vaccine available to the Commonwealth only if the Commonwealth agrees to indemnify, defend and save harmless that agency from any and all claims and losses which may arise against it from the administration, manufacture or use of the toxoid or vaccine; a determination has been made by the appropriate Commonwealth agency, approved by the Governor and published in the Pennsylvania Bulletin, that the toxoid or vaccine is necessary to safeguard and protect the health of the citizens or animals of this Commonwealth; the toxoid or vaccine is distributed by a Commonwealth agency to qualified persons for ul timate use. Hence, the Court held that to apply this exception, there must be a strict interpretation based on the legislature’s intent (Jones v. Southeastern Pennsylvania Transportation Authority 565 Pa. 211, 772 A. 2d 435 (2001)). Venue, Process and Limitations As provided in 42 Pa. C. S.  § 8523, actions for claims against a Commonwealth party may be brought in and only in a county in which the principal or local office of the Commonwealth party is located or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose (42 Pa. C. S.  § 8523). The statute adds that if venue is obtained in the Twelfth Judicial District (Dauphin County) solely because the principal office of the Commonwealth party is located within it, any judge of the Court of Common Pleas of Dauphin County shall have the power to transfer the action to any appropriate county where venue would otherwise lie (42 Pa. C. S.  § 8523). The service of process in the case of an action against the Commonwealth shall be made at the principal or local office of the Commonwealth agency that is being sued and at the office of the Attorney General lie (42 Pa. C. S.  § 8523). Limitations on damages is also stated in 42 Pa. C. S.  § 8528 wherein damages arising from the same cause of action or transaction or occurrence or series of causes of action or transactions or occurrences shall not exceed $250,000, in favor of any plaintiff or $1,000,000 in the aggregate (42 Pa. C. S.  § 8528). Furthermore the types of damages recoverable are those damages recoverable only for: Past and future loss of earnings and earning capacity; Pain and suffering; Medical and dental expenses including the reasonable value of reasonable and necessary medical and dental services, prosthetic devices and necessary ambulance, hospital, professional nursing, and physical therapy expenses accrued and anticipated in the diagnosis, care and recovery of the claimant; Loss of consortium; Property losses, except that property losses shall not be recoverable in claims brought pursuant to section 8522(b)(5) which relates to potholes and other dangerous conditions (42 Pa. C. S.  § 8528). In all these, suits against an agency of Pennsylvania may prosper once the plaintiff provides that his claim is under one of the exceptions provided for under the statute. The sovereign immunity therefore under the Pennsylvania Sovereign Immunity Statute is not at all absolute and persons may file suits if their cla ims fall under one of the exceptions provided.

Saturday, November 9, 2019

Corning Glass Work Case Study Essay

1. Enumerate the conditions why Corning had to undergo the series of structural changes. Following the international growth and expansion of Corning, the following problems were being faced in the organization’s structure and management processes: i) With the international expansion of CGW, the company was becoming too big and complex to be managed by its current structure. Hence a need was felt to create the international arm as a separate legal entity and hence Corning International Corporation (CIC) was born. ii) CIC was created as a subsidiary to CGW to emphasize the growing importance of Corning’s overseas business. The management felt that the creation of CIC as a separate unit was important to upgrade the role of international managers and help them feel more accepted within Corning. iii) Before the international strategy shift of the mid 1960s, CGW did not meddle much into the affairs of its foreign affiliates. The foreign affiliates maintained their own individual reporting and control systems. However, following the strategic shift to gain majority in these foreign subsidiaries, the management system and processes began changing, such as integration of subsidiaries’ accounting systems into the parent company. This caused problems as most of the subsidiaries were European non-English speaking countries and didn’t follow American standards. Hence a need was felt to integrate these foreign subsidiaries with the parent company so as to maintain uniform standards and processes. iv) The acquisition of majority shareholdings in foreign subsidiaries also encouraged management to begin to coordinate and integrate its foreign operations. The task of unifying, coordinating and integrating the European operations specially was a difficult one. There was a long list of independent companies that needed to be brought under control and a lot of these companies were old rivals. Hence lack of coordination and cooperation existed at every level. Furthermore, each of the European companies had export customers and offices in several other European countries. This caused lot of chaos and confusion when it came to bringing order into CGW’s European operations. Also, the European country affiliates were well established and extremely knowledgeable about their local environment. It was difficult for the newly appointed area managers who did not have the same level of market and product expertise to challenge these country affiliates and convince them in favour of consolidation of manufacturing operations. v) The structure within CIC was organized on geographical dimensions. The top management had a tendency to take major decisions based on their local interests and hence promoted their local projects. As a result, conflicts started arising between geographical entities. Such conflicts could only be resolved at the desk of Forrest Behm, President of CIC, who was the only one with sufficient power and connections at the corporate level to communicate plans to and from top leadership of CGW. As the international operations expanded, Behm turned out to be the only one in a position to take a global perspective of the various international businesses and this in turn increasingly burdened him with more conflict-resolution issues. He felt that a structural change within the organization was required to bring in a global perspective amongst its people. vi) Another challenge that Corning was facing was the transfer of technological knowledge from parent company to its foreign operations. Before major international expansion, this transfer was maintained through informal channels between technical experts in the parents company and the foreign plants. As the foreign operations expanded and technological innovations grew in size, the old model of knowledge sharing turned out to be insufficient to handle the growing demands. Hence foreign subsidiaries had to rely on the formal channels within the international organizational. This led to escalating frustrations on both the sides. vii) Furthermore, the capital allocation process also changed following the majority shareholding in foreign subsidiaries. Before the consolidation, the decision process for capital allocation was done primarily by the local managers of the foreign affiliate, who would then go out and raise the capital on their own. However, after these subsidiaries were acquired by Corning, they were required to submit a formal capital appropriation request prepared in English. The subsidiary general manager then had to chase it to the end through a series of corporate decision making filters. This allocation system had other major implications on the relationship between the technical personnel on each side. Whereas before, the technical managers from the parent company provided assistance to subsidiaries on projects, the former now became a part of the judge and jury system to decide on the capital allocation to these subsidiaries. As a result, the technical managers tended to become more conservative with their advice and assistance to the subsidiaries. viii) Due to the incoherency of its area based organization structure, CIC found itself grappling with the global marketing coordination necessary for some businesses. There was no one who was responsible for coordinating between different foreign subsidiaries on global actions like price, product, sourcing etc. The needs of global product development were not being communicated to the R&D group. This meant that the international product development needs were being largely ignored. In order to address the above mentioned problems, Forrest Behm, decided to restructure the organization by appointing three international business managers. The primary motive behind the appointment of these business managers was to supplement the organization with a global business perspective. 2. Identify the problems with the organization structure (until 1972; business manager concept) that led to the formation of World Boards. i) Corning International Corporation (CIC) since its inception was not truly integrated with its parent organization Corning Glass Works (CGW). The creation of CIC as a separate company was insufficient from the onset. The relationship between senior managers in the parent company CGW and in CIC remained unchanged. The vice-presidents in CIC never really achieved the status and importance of vice presidents in CGW. As a result when the three international business managers were appointed by Behm with the status equivalent to Vice-Presidents, they faced difficulty liaising with vice-presidents and other senior managers in the domestic organization (CGW). They were simply viewed as lacking power, status and credibility to get things done. ii) There was some hostility prevalent between the domestic and foreign arm of the organization. The domestic division managers felt that if they had to provide the foreign operations with so much support, they might as well run the foreign operations themselves. This contributed towards making the job of international business managers in acting as a liaison even more difficult. iii) The role of the International Business Managers was not clearly defined since its inception. They were given very vague general mandates like â€Å"to straighten things out in consumer products in International† or â€Å"to put together a world strategy for products in Science and Medical†. As a result nobody understood what they were really there for and hence people could not establish a connection or relation with them. This contributed to some area managers feeling that they were wasting their time and energy in entertaining these international business managers and meeting their demands of time and information. iv) There was lack of communication between Behm and foreign subsidiary country managers who felt that they were not informed of such a role being introduced in the organization hierarchy. As a result, employees in the foreign subsidiaries had no clarity who they were supposed to report to after the organizational changes. This contributed to a creation of general sense of defensiveness in the subsidiary employees from the outset. So the business managers were largely viewed by foreign subsidiaries as more of an interference and less of a coordination help. v) The three business managers did not have the right skills to act as liaisons. Their inability to establish strong links between the foreign subsidiaries and the domestic products divisions was partly due to the attitude with which some of them had taken up these roles. For example, the international business manager for the Consumer Products Division came across as interfering and authoritative. This was not helpful in yielding the desired results. 3. Examine whether their current structure (world boards) is appropriate to the business environment. Provide suggestions to Behm on the proposed reorganization. The current structure of world board is strong and is capable of bringing in order to the organization provided some changes are made to it. The world boards were not created to control or manage the foreign subsidiaries but rather to act as a channel to facilitate coordination, communication and cooperation between the parent company and its foreign subsidiaries. The members of the world boards must keep this vision in mind during their meetings and interactions. We propose the following changes to the world board in order to make them more effective: i) Behm should first start with putting a limit on the maximum number of people on the world boards to 6-7. This will avoid the problem of world boards becoming too big and chaotic to manage. The world boards should include at max 2-3 people from US product division, 2-3 people from subsidiary units and 1 international business manager. ii) The Optical Products World Board was able to achieve results by successfully resolving their conflicts before the board meetings. All other world boards should follow their model and try to adapt it to as much extent as possible. iii) The domestic division managers need to understand that the company as a whole can only be unified through corporate culture, shared vision and values, and management style rather than through formal structures and systems. Hence they should avoid trying to control the subsidiaries’ business the way they have been doing so far. The domestic division managers should be encouraged to develop a networking and inter-dependent relationship with the subsidiaries. Internal attitude change within Corning’s domestic managers is critical to encourage coordination, participation and involvement of the subsidiaries. While being a part of Corning, the subsidiaries need some autonomy for themselves to develop an ability to make impactful contributions to the organization as a whole. iv) Behm should ensure that the world boards meet regularly and achieve fruitful results. If left to themselves, things may go back to how they were. Hence a more direct involvement on part of Behm is required (at least in the boards that still have major difference of opinions) to facilitate communication and resolve difference of opinions. v) Corning should slowly and gradually adopt the transnational model to promote worldwide integration and knowledge sharing to exploit both global and local advantages. The top leadership needs to see the organization as a network and should refrain from shaping it as a centralized hub. Interdependence between units should be promoted amongst product, functional and geographic units. vi) Cross-subsidiary teams should be developed in the long run to compel different subsidiaries to work together for their own good as well as the overall good of the organization.

Thursday, November 7, 2019

individual assignment 9 Essay

individual assignment 9 Essay individual assignment 9 Essay Part 1 A status report helps to efficiently communicate the progress of a project at regular intervals to project stakeholders. This report documents where the project is at a given time. It lets the concerned individuals know how successful the project has been so far in terms of meeting the project’s scope, time and cost requirements. By reviewing a status report, all the concerned individuals can be informed about how the project has been shaping up. A status report helps to prevent unexpected surprises to sponsors and stakeholders. Status reports are usually distributed in a weekly or bi-weekly basis. A weekly status report appears to be the most preferred frequency. Although the requirements and the frequency of status reports can vary from one project to another, it is usually advisable to not have a gap of more than two weeks between status reports. For a status report to be effective and to stay on top of all the project tasks, important updates should be made in a timely manner. These reports can be sent electronically or through hard copies. After receiving updates from the project team members, a status report is prepared and distributed by the project manager. A project manager can send a status report to specific teams or committees within a project or only to the project sponsors. It is a good idea to distribute the status report to everyone involved in the project after the report has been reviewed by the sponsors. A status report may contain the following sections: General project information Project status summary Project milestone status Planned accomplishments Applicable project issues or risks Project metrics Applicable Additional comments Part 2 In this scenario, the Project Manager should call for a meeting to discuss the issues with the technical team. This might be the best solution. This meeting will allow the project manager to communicate the concerns of the business users in the most effective manner; also the technical team will be able to share their perspectives right away. The use of other communication tools such as emails or instant messaging might lengthen and complicate the resolutions. I would let the technical team know that a meeting will be taking place to address some concerns that the business users have. It is important to convey the message in a non-confrontational and non-accusatory manner that the difference in the arrival time between the two teams is decreasing the business team’s productivity and impacting the overall project. I will ask them to participate in the meeting and welcome their suggestion and ask if they have a solution in mind and start the resolution process. In this scenario, the best way to make the announcement would be to make hard copies of the announcement and distribute them to the large group of people. Each recipient would receive 2 copies of the document so that each recipient keep one copy and return the 2nd copy after signing the document stating that they reviewed it. It appears the method used to send status reports to the

Tuesday, November 5, 2019

Mexico and United States Foreign Policy Relations

Mexico and United States Foreign Policy Relations Mexico was originally the site of various Amerindian civilizations such as the Mayas and the Aztecs. The country was later invaded by Spain in 1519 which led to a prolonged colonial period that would last until the 19th century when the country finally gained its independence at the end of the war of independence. Mexican-American War The conflict was sparked when the U.S. annexed Texas and the Mexican government refused to recognize the secession of Texas which was the precursor to the annexation. The war, which began in 1846 and lasted for 2 years, was settled via the Treaty of Guadalupe Hidalgo which led to Mexico giving up even more of its land to the US, including California. Mexico further transferred some of its territories (southern Arizona and New Mexico) to the U.S. via the Gadsden Purchase in 1854. 1910 Revolution Lasting for 7 years, the 1910 revolution ended the rule of the dictator president Porfirio Diaz. The war was sparked when the U.S.-supported Diaz was proclaimed the winner of the 1910 elections despite mass popular support for his rival in the election Francisco Madero. After the war, the various groups that made up the revolutionary forces splintered as they lost the unifying goal of unseating Diaz - leading to a civil war. The U.S. intervened in the conflict including the involvement of the U.S. ambassador in the plotting of the 1913 coup dà ©tat which overthrew Madero. Immigration A major issue of contention between both countries is that of immigration from Mexico to the U.S. The September 11th attacks increased the fear of terrorists crossing over from Mexico leading to a tightening of immigration restrictions including a U.S. Senate bill, heavily criticized in Mexico, supporting the construction of a fence along the Mexican-American border. North American Free Trade Agreement (NAFTA) NAFTA led to the elimination of tariffs and other trade barriers between Mexico and the U.S. and serves as a multilateral platform for cooperation between both countries. The agreement increased trade volume and cooperation in both countries. NAFTA has come under attack from Mexican and American farmers and the political left claiming that it hurts the interest of local small farmers in both the U.S. and Mexico. Balance In Latin American politics, Mexico has acted as a counterweight to the policies of the new populist left characterized by Venezuela and Bolivia. This led to charges from some in Latin America that Mexico is blindly following U.S. commands. The biggest disagreements between the left and current Mexican leadership is whether to enlarge American-led trade regimes, which has been Mexicos traditional approach, versus a more regional approach favoring Latin American cooperation and empowerment.

Sunday, November 3, 2019

---------Organism evolve in the Paleozoic era Research Paper

---------Organism evolve in the Paleozoic era - Research Paper Example With the end of Paleozoic era came about the mass extinction of marine species, The Permian/Triassic extinction (Paleozoic era paleobiology). One of the organisms that evolved in Paleozoic era and managed to survive the vast and diverse geological and geographical changes spanning more than 300 years is Spider. Their global presence even today cannot be denied. In the current paper is discussed the unique characteristics of this organism that contributed to its evolutionary success and present a brief description of its journey over the years. Spiders belong to the order Araneae. They are among the most abundant species superseded only by the class Insecta, and comprises of approximately 42000 existing species belonging to 109 families (Platnick). The oldest fossils of true spiders have been reported to be from the carboniferous era (312 million years old), but their evolution can be traced to the Devonian. They are in fact among the first organisms to have inhabited land (Penney & Selden, 8). The unique morphological and behavioral characteristics of spiders continue to amaze researchers and are responsible for the survival and almost ubiquitous presence of spiders. Some of these characteristics are: Silk is the biggest tool and weapon of spider. It is used for shelter, movement, communication, and dispersal of spiderlings. Web making spiders are capable of staying motionless and concealed for long span of time and are mobilized by such stimulus as prey, mate or predator. Further they have adaptations such as median tarsal claws to enable them to walk on silk (Herberstein & Wignall, 8). During movement it leaves a dragline silk formed by the anterior spinnerets which acts as a safety line of communication for mate. Depending on the environment they inhabit, they have developed organs for locomotion such as claw tufts for land and hydrophobic exoskeletons for water. The sense