Anti-trust Legislation believe that anti-trust legislation should be reformed. The main reasons for it are that the 19th century antitrust laws, i.e. Sherman Act, 1890 and Clayton Act, 1914, currently cannot be applied successfully in 21st century computer and telecommunications marketplace (Glanz, 33). This became evident in the case between Microsoft and the Justice Department. The biggest problem was that the Justice Department was applying 19th century law on the computer business, without heeding the fact that the nature of technology is different from that of the traditional goods. For example, Microsoft currently licenses its Windows operating system to PC makers on condition that they must also use its Internet browser Explorer. However, according to the Justice Department it was a monopoly, a clear case of antitrust legislation, even though it was evident that an integrated suit of technology makes economic as well as common sense. The other reason for…… [Read More]
Additionally, he argued that the best interest of the consumers, as promoted by Gate's organization, was in fact not the core element of new endeavors, as the company had argued, but that whenever a new product or service was being projected, this would be done in order to serve the financial interests of the organization rather than increase customer utility (Kegel, 2006).
In order to better understand why the above mentioned actions were ethical or unethical, it is best to assess them in light of three ethical perspectives. From the standpoint of the utilitarian perspective, the company is able to seek out those actions which maximize its gains, but in doing this, it must remain aware of the needs of others. More specifically, they can work towards their goals as long as these do not impede with the goals of others (Leiss, 1988). From this standpoint, the behavior of Microsoft…… [Read More]
Of course, in recent years, this power has been diluted somewhat thanks to the rise of collective bargaining. Nonetheless, the fact that for so many years baseball has been characterized as a game rather than interstate commerce worked to the benefit of the industry as a whole.
If the exemption were repealed, apparently only possible through act of Congress, players and teams could sue the league if their movements were restricted and limitations placed on their ability to conduct business for themselves (Rovell). MLB could still manage how teams and players moved, but the repeal of the exemption would eliminate their absolute control over these movements. Obviously, this would have a significant impact on the baseball industry, but would not be necessarily devastating. Other sports have persisted despite not having antitrust exemptions, so there is little reason to expect that baseball couldn't adapt as well.
Belth, Alex. "Ending…… [Read More]
separation of powers and federalism. How do these central architectural features of American government seek to support Thomas Jefferson's perspectives; "That government is best which governs least." Why from the view of many business executives is government "gridlock" good?
Separation of powers is that element of the American government designed to protect the nation from tyranny and to, as far as possible, keep the power of the nation decentralized. Federalism, while certainly not designed to promote tyranny, is designed to strengthen the power of the government to act and govern the nation, centralizing power into a strong formal national government. Each of these aspects of modern American government have different implications for business.
According to Thomas Jefferson, "That government is best which governs least." The separation of powers helps to assure that the different branches of the government balance each other sufficiently that no single branch can govern so much…… [Read More]
There are a number of different laws that govern fair, balanced and competitive practices. One major category is the antitrust laws. Antitrust laws seeks to create a competitive environment by preventing companies from obtaining the ability to abuse their market positions. Ensuring that each industry and market has a healthy amount of competition has been the work of a series of acts that govern antitrust practices.
The most significant piece of antitrust legislation is the Sherman Act, which was passed in 1890 in order to define antitrust activities. The act was passed in response to monopoly abuses on the part of a number of companies, and the recognition that a successful capitalist economy required at least enough market intervention on the part of government to prevent the formation of unnatural monopolies (FTC, 2014).
There have been subsequent laws that have enhanced the Sherman Act, and refined it, largely…… [Read More]
A favorite target for conspiracists today as well as in the past, a group of European intellectuals created the Order of the Illuminati in May 1776, in Bavaria, Germany, under the leadership of Adam Weishaupt (Atkins, 2002). In this regard, Stewart (2002) reports that, "The 'great' conspiracy organized in the last half of the eighteenth century through the efforts of a number of secret societies that were striving for a 'new order' of civilization to be governed by a small group of 'all-powerful rulers.' The most important of these societies, and the one to which all subsequent conspiracies could be traced, is the Illuminati founded in Bavaria on May 1, 1776 by Adam Weishaupt" (p. 424). According to Atkins, it was Weishaupt's fundamental and overriding goal to form a secret organization of elite members of Europe's leading citizens who could then strive to achieve the Enlightenment version of revolutionary social…… [Read More]
, 93 F. 3d 1358 (CA7 1996) for its statement that "monopsony pricing is analytically the same as monopoly...pricing and is so treated by the law." ased on this determination that the two concepts are analytically similar, the Court thus concludes that therefore "similar legal standards should apply to claims of monopolization and to claims of monopsonization." Reasoning that predatory-pricing is fundamentally an act of monopolization and that predatory-bidding is fundamentally an act of monopsonization, and that both claims involve the deliberate use of unilateral pricing measures for anticompetitive purposes, the Court finds that the logically same legal standard should therefore govern actions brought on both.
ased on this reasoning, the Court concludes that "the general theoretical similarities of monopoly and monopsony combined with the theoretical and practical similarities of predatory pricing and predatory bidding convince us that our two-pronged rooke Group test should apply to predatory-bidding claims." Accordingly, under…… [Read More]
Primary Source Analysis
The document and work under review within this section is a chapter that is titled Wealth Against the Commonwealth. It was authored by Henry Damarest Lloyd and it came out in 1894. The work was published in New York. The opening salvo from the work is that nature is wealthy but that man is poor. What is meant by this is that not everyone is fed when it comes to the men and women of the people and it is asserted that this is true since time began, to use the words of the author himself. A perfect example of this is say when Lloyd says "the majority have never been able to buy enough of anything, but this minority have too much of everything to sell" (Lloyd, 1894). Lloyd then talks about a major dichotomy that exists when it comes to liberty. Lloyd talks about how…… [Read More]
It is important that we be allowed to pursue our business interests with a minimum of government interference. Given that the FTC and DoJ already enforce antitrust legislation, it seems unethical that the FCC also enforce such codes, specifically focused on our particular business.
I believe DI should support the proposed changes. The company would benefit from the opportunity to expand our media properties both horizontally and vertically. It would also give us greater opportunity to exit the business should we so desire in future. Ethical concerns about media consolidation are largely unfounded, especially in light of the way that the Internet provides a low-cost voice for alternative media outlets. The Telecommunications Act of 1996 has significantly reduced barriers to entry in the television business, so the free market can dictate which outlets will have an audience and which will not. Moreover, the FCC's Fairness Doctrine, upheld by the Supreme…… [Read More]
American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), a federation of autonomous labor unions in the United States, Canada, Mexico, Panama, and U.S. dependencies, was formed in 1955 by the merger of the American Federation of Labor (AFL) and the Congress of Industrial Organizations (CIO). Heavily involved in politics, the AFL-CIO's primary function is to lobby on behalf of organized labor and mediate disputes between its member unions. In 1999 the AFL-CIO included 68 national and international unions that had a U.S. membership of over 13 million people. Individual workers were not members of the AFL but only of the affiliated local or national union. Opposed to the idea of a labor party, the AFL was a relatively conservative political force within the labor movement of the late 19th and early 20th cent. (Gompers, 1967)
The CIO's Political Action Committee, headed by Sidney Hillman of the Amalgamated Clothing…… [Read More]
Further diversification is also recommended. Given the pace of change in the industry, the reliance on PC operating platforms and office software packages must be reduced. The risk of an entirely new technological paradigm emerging is high, so Microsoft must therefore diversify its revenue streams in order to defend against this threat. Overall, Microsoft's strategic thrust is strong and its operating results fantastic. The company must guard against major non-strategic threats such as technological change or acute damage from financial scandal. If Microsoft deals with these two issues effectively, the will remain in good position to continue to build their revenues in the coming years.
Financial and operating unit information from Reuters. Retrieved December 8, 2008 at http://www.reuters.com/finance/stocks/companyProfile?symbol=MSFT.O
No author. (2004) Microsoft Corporation. Funding Universe Retrieved December 8, 2008 at http://www.fundinguniverse.com/company-histories/Microsoft-Corporation-Company-History.html
Microsoft 2008 Annual Report. (2008). Microsoft. Retrieved December 8, 2008 at http://www.microsoft.com/msft/reports/ar08/index.html
No author. (2006). Microsoft's Multiple…… [Read More]
al-Mart is a price maker, as any monopoly would be. The company is famous for dictating prices to its suppliers. However, with regards to buyers, al-Mart is not a price maker. It is reasonable to assume that the company can raise some prices somewhat without losing market share; it is not true that they can raise all prices near indefinitely without losing market share. al-Mart has a captive audience, so they could raise their prices without significantly compromising their business, but other competitors would be able to exploit those increases and customers would be able to take their business elsewhere.
The demand curve for a true monopoly is negatively sloped, as is al-Marts, but al-Mart would lose all of its customers if it raised its price high enough, whereas a true monopoly would not. Indeed, a true monopoly seeks to maximize profit by finding the position on the demand curve…… [Read More]
Monopolies and Trusts:
Appropriate Areas for Government Intervention?
Capitalism is the economic system that has dominated the United States virtually since the day of its independence. A social and economic system based on the recognition of individual rights; capitalism demands that owners' rights to control, enjoy, and dispose of their own property must be respected. In a capitalist system, the purpose of government is to protect individual economic rights, and to make sure that no one individual, or group may employ physical or coercive force upon any other group or individual. The success of capitalism is well evident. The surpluses that this system produces have enabled individuals to experiment; to create new products, and market new ideas. These private surpluses are traded in a free market in direct competition with other buyers and sellers. Such competition is best represented by the efforts of two or more parties acting independently to…… [Read More]
Finance-dominated proponents also maintain that boom economic periods generate a more varied divergence of valuations that fuel merger activity (Medlen 2007). In this regard, Medlen concludes that, "Taken collectively, these understandings may explain some of the merger activity in booms, but they involve certain asymmetries that undercut their explanatory power. High stock valuations allow stock to be utilized as currency and collateral for takeovers; yet stock booms also make targets expensive" (p. 202). Moreover, despite the commonly held perception that mergers are a "quick and dirty" way to grow a business and achieve organizational goals, there remains a lack of convincing empirical evidence in support of this perception (Medlen 2007). As Medlen points out, an "anomalous fact about mergers concerns the lack of evidence that mergers are profitable. This fact begs the question: why then are mergers carried out with such frequency and with such large levels of capitalization?" (p.…… [Read More]
alt Disney Company Scenario
Scene: Fiscal Karat (FK), host of TV's Let's Talk Money, is seated at the center of an oak conference table. Let's Talk Money is a weekly PBS talk show that interviews business leaders and often finds government officials to debate certain ideas and programs. Tonight's episode features Mr. Michael McDuck (MM), CEO of alt Disney Company and Mr. Rigid B. Crat (RC), Senior Administrator for the U.S. Treasury's Anti-trust Division.
FK: Good evening and welcome to Let's Talk Money, your weekly adventure into provocative and interesting monetary topics ranging from mild to wild. Tonight, a special treat for the kid in us all -- Michael McDuck, CEO of alt Disney goes head to head with the Administration's Senior Anti-Trust Maven, Rigid B. Crat. elcome gentlemen!
First though, let's take a moment to establish a bit of background. The alt Disney Company is a multinational mass media…… [Read More]
According to the Organization for Economic Cooperation and Development (OECD) defines economic regulations (industrial regulations) as "intervening directly in market decisions such as pricing, competition, market entry, or exit ("Economic regulations," 2002). The main reason for economic regulation is because it is permits the straightforward businessman to succeed in the economy and decrease business relations within the economy from being broken by the illegal activity that takes place (Black, 2010). However, within the economy the market has four different structures that industries are classified under that the government uses to help control the advantages and limitations of supply and demand. The goal of the four structures is to look at how it "affects the outcomes in the market with impacts on the motivations, opportunities, and decisions of economic buyers and sellers through their behaviors within market competition" states Fischer (n.d.). The OECD defines social regulations as an impact…… [Read More]
During the consumer movement of the 1960s and 1970s, Congress enacted a substantial amount of legislation to protect "the good of the people." There is only one problem with consumer protection laws -- they are slow to react and even harder to enforce. As a result of this situation, corporations are allowed to profit at the expense of consumers' health. The resistance comes in a number of stages. The first is denial of the problem, wherein the corporations argue that there is not enough evidence to link their products with the negative outcomes that are being reported. Then there is the lobbying that causes politicians to defer action until a later date, or ignore the call to action altogether. Too often, when statutes are enacted, corporations fight them to the end, resulting in flawed legislation that either has loopholes, require interpretation from the judicial branch or is difficult…… [Read More]
They are striving to be the best of both worlds. In their heavily regulated industry, there is a relatively high degree of commoditization between different health care plan offerings. There is high intensity of rivalry in the industry as well. This intensity of rivalry pushes down costs, but the cost structure of the industry is fairly rigid, such that it is difficult for a health care plan provider to fully engage a cost leadership strategy. Consumers are demanding both low costs and superior product offerings. ellPoint is attempting to meet these conflicting demands to their best of their abilities.
This strategy stems in part from ellPoint's position within the industry. The industry itself is relatively fragmented, despite significant barriers to entry. ellPoint is the #2 player in the industry, behind the United Health Group. ellPoint holds at 9.75% market share. Other competitors are Aetna, Humana, Kaiser, and many smaller firms.…… [Read More]
It is surely an understatement to observe: "Competitors who rely on the same setup as Youube," said Heberger, "where it's all user-generated content, they might be in trouble facing a Google-Youube team." (Mills & Sandoval, 2006)
he impact of the federal government upon economic behavior in this instance is clear -- there may have been grounds to contest the merger of Google and Youube, especially as Google has its own video service already. he government's action or inaction has changed the future of the Internet. Moreover, although the market structure of providers is relatively concentrated, the social diversity of the users of the services of Google and Youube is unprecedented. Every person's lives are affected, provided they use the Internet
What is the downside for Google? On one hand, people could begin to lose interest in posting on Youube, as Youube is not a strictly essential service, like a business'…… [Read More]
Industries that face stiff competition may favor and encourage an aggressive approach from employees that produces rapid results, rather than thoughtful, strategic action. When the gains cannot be realized in the desired time frame, there is a temptation to implement short cuts; resulting in fraud." (Price; Norris, 2009) That however is not a justification, although it prompts some regulations on the way industries operate.
The Law Catches Up
Today the criminal justice system responds to corporate crime much better than before. This is because earlier the scams were an unknown commodity in Australia and it was a U.S. phenomenon. Globalization changed that and now, according to the National Crime Prevention office in Australia the fraudster type of activities in firms were classified as fake billing and invoicing, investments and money chain scams, advance fee frauds, borrowing from the public as in ponzi type scams, the pyramid and money chain, insolvency…… [Read More]
" (Information Society and Media, 2005) f. The eContent Programme and the eTen Programme
The 100 million dollar eContent Programme (2001-2005) focuses on encouraging growth and development of tie European digital content industry. This programme funds projects with short time-to-market and as well experiments with new models in business and partnerships through use of technology that is presently available. The programme's stated 'main thrust' is to;
Improve access to an expand the use of public sector information,
Enhance consent production in a multilingual and multicultural environment,
Increase the dynamism of the digital content market by making it easier to access capital and by developing a consistent European approach to digital rights trading." (Information Society and Media, 2005)
The programme will address "organizational barriers and promote take up of leading-edge technical solution to improve accessibility and usability of digital material in a multilingual environment." (Information Society and Media, 2005)Market areas are…… [Read More]
Five Forces & Value Chain
NxStage is a medical equipment manufacturer specializing in hemodialysis products for use in the home. Their main flagship, NxStage SystemOne, constitute two-thirds of the company's revenues. The product has been on the market for several years, but NxStage has never been able to turn a profit, nor has it been able to develop a viable second major product. This has created a strategic dilemma for the company as to how best to enhance shareholder value going forward.
The external environment is generally challenging, especially in light of regulatory changes that aim to drive down the cost of medical care, not necessarily good for a company like NxStage that has a differentiated product. There is some demand for the product, but also substitution from dialysis clinics, which can be offered at a lower total…… [Read More]
Role of Labor Unions in Industrial Relations
In their definition, labor unions have always been known as organizations that have always aimed at getting their members both financial and non-financial benefits. The role of labor unions is however bigger than that and they have been known to aid in helping employers improve the productivity and discipline of their workers. Labor unions respond to issues differently. This is explained by the differences in industrial relations contexts and also policies of different states as well as strategies of the various employers around the country.
Employees come together to form a labor union to achieve a common goal. Labor unions have several goals. Some of the goals include agitating for higher retirement benefits as well as other benefits for its members. They also seek to increase the number of workers assigned for specific job tasks. They ensure that employees work under good and…… [Read More]
There have been several arguments with reference to the social impact of the Intellectual Property, and it has been observed that the Intellectual property law has been responsible for the promotion of the competitive forces in such a manner that 'antitrust law does not address, and may do so based on evidence that would be insufficient in an antitrust context' (Brinson, 1994). It is indeed a difficult practice related to the 'forced sharing to attain optimal competition' (Brinson, 1994), and it appear to be unwarranted 'in most antitrust contexts, and it is clear indication of the absent clear proof of market harm' (Thomas, 2006), although it is expected to 'constitute improved and comprehensive Intellectual Property policy, even in the presence of ambiguous evidence' (Brinson, 1994). The anti-trust law and the intellectual property law is expected to minimize the cost of three different things, which include, false positives, as per which…… [Read More]
Long-Term amifications of the Ma Bell Breakup
The old Ma Bell was far from perfect, but she deserved her good name. -- Tom Nolle, 2003
Given its prospects, the new Ma Bell looks an awful lot like the old Ma Bell. And that's not a good thing. -- Shannon M. Heim, 2005
The dichotomy of views exemplified by the epigraph above is reflective of the love-hate relationship that Americans have always had with their telephone service provider. Following the breakup of AT&T, or "Ma Bell" in 1982, one of the few legal monopolies in the United States, seven so-called smaller regional "Baby Bells" long-distance providers were created, four of which remain in operation today. After almost a century in operation, the breakup of Ma Bell was followed by a wave of deregulation and competition that profoundly affected the telecommunications industry in both short- as well as long-term ways. To determine…… [Read More]
Industrialization After the Civil War
Industrialization was, in all aspects, a game changer in the U.S. because it brought about a complete transformation in people's ways of life. It changed how businesses were run, transformed how people earned money, made transportation easier, and caused a social and economic revolution.
Within four decades (1865-1920), the U.S. had "transformed from a predominantly rural agrarian society to an industrial economy centered in large metropolitan cities" (Hirschman & Mogford, 2009). In addition to the unity that had been created by the uniting states, three other factors played a crucial role in the rapid diffusion of technology during this period. These are;
Legislative representation - the pieces of legislation that furthered the efforts of reconstruction and promoted civil rights for the marginalized. For instance, the 13th, 14th and 15th econstruction Amendments which illegalized slavery, awarded citizenship to all people naturalized or born in the U.S.,…… [Read More]
During the turn of the century, maverick muckraking journalists dug up dirt on unfair labor practices including the use of child labor. Muckrakers also drew attention to unsanitary working conditions and the lack of systematic health regulations in meat and food production. President oosevelt responded by initiating a series of labor-related legislation including the Pure Food and Drug Act in 1906. However, oosevelt at the same time publicly denounced muckrakers and lent them their derogatory name. oosevelt's passion for environmental conservation reflected his personal interests and beliefs more than it did the results of investigative journalism. Environmental conservation emerged as of the main issues that distinguished the progressivism of oosevelt and that of Wilson.
Presidents oosevelt and Wilson transformed the role of the federal government in the United States. Both wielded their executive powers to protect the rights of the poor and working class, to abolish some of the powers…… [Read More]
Visa: ecommendations in the wake of recent anti-trust legislation
Visa, MasterCard, and American Express currently dominate the U.S. credit card market. This is partially due to the fact that customers know most establishments accept these major credit cards. However, due to a 2010 settlement with the Justice Department, Visa's monopoly on the market may soon end. Credit cards with lower fee scales may begin to make encroachment upon the market given that Visa and MasterCard now must allow store owners to "reveal processing fees to customers and offer discounts to those [customers] using cards that carry lower fees. Until now, shops and restaurants had been forbidden to tell customers about the fees -- or to offer discounts or rebates to people paying with cards carrying lower merchant fees" (ubin 2010).
In the antitrust suit, merchants successfully argued that Visa and the other major credit card companies put a…… [Read More]
David E. Sorkin, Technical and Legal Approaches to Unsolicited Electronic Mail, 35 U.S.F.L. Rev. 325 (2001).
Google and other search engines:
Encarta Encyclopedia online. 2006
Articles collected for Review so far (just a sampling of articles on SPAM laws) www.spamlaws.comSpam Laws: Articles
David E. Sorkin, www.jcil.orgSpam Legislation in the United States, 22 J. Marshall J. Computer & Info. L. 3 (2003).
David E. Sorkin, www.spamlaws.comTechnical and Legal Approaches to Unsolicited Electronic Mail, 35 U.S.F.L. Rev. 325 (2001).
David E. Sorkin, www.spamlaws.comUnsolicited Commercial E-Mail and the Telephone Consumer Protection Act of 1991, 45 Buffalo L. Rev. 1001 (1997).
David E. Sorkin, Revocation of an Internet Domain Name for Violations of "Netiquette": Contractual and Constitutional Implications, 15 J. Marshall J. Computer & Info. L. 587 (1997).
Dominique-Chantale Alepin, Note, "Opting-Out": A Technical, Legal and Practical Look at the CAN-SPAM Act of 2003, 28 Colum. J.L.…… [Read More]
Fault: An Alternative to the Current Tort-Based System in England and Wales
The United Kingdom
statistics regarding claims
THE NATIONAL HEALTH SYSTEM
OBSTACLES TO DUE PROCESS
THE CASE FOR REFORM
THE REGULATORY ENVIRONMENT
THE RISING COST OF LITIGATION
LORD WOOLF'S REFORMS
MORE COST CONTROLS
THE UNITED STATES
THE INSURANCE INDUSTRY
TORT REFORM IN AMERICA
STATISTICS FOR ERROR, INJURY AND DEATH
THE CALL FOR REFORM IN 2003: A FAMILIAR REFRAIN
THE UNITED STATES SITUATION, IN SUMMARY
NEW ZEALAND CASE STUDIES
THE SWEDISH SCHEME
COMPARISON: WHICH SYSTEM IS BETTER?
FIRST: UNDERLYING DIFFERENCES
TALKING TORT: AMERICAN PECULIARITIES
AMERICANS CONSIDER NO-FAULT
BRITAIN CONSIDERS NO-FAULT
Appendix A THE UNITED KINGDOM
At issue is the economic effectiveness of tort law in the common law legal system of England and Wales, as applied to medical and clinical negligence and malpractice cases. In response to economic concerns and a continual…… [Read More]
Similarly, the average total costs curve also increases, implying additional costs.
A main theoretical specification that must be made here refers to the long-term relationship between the MC and the average cost curves. This basically states the following:
- if the average cost in decreasing in the quantity produced, or the output, the marginal cost is lower than the average costs
- if the average cost increasing in terms of produced quantities, the marginal cost is larger than the average costs
- if the average cost remains constant, the marginal cost equals the average cost; the situation is similar when the average cost is minimal
- in the case of scale economies, the average cost decreases as the produced quantity increases
- in the case of diseconomies of scale, the situation is reversed as the average cost increases with the increase of the output (Zhao, 2008)
2. Factors in Favour…… [Read More]
An accusation of bid rigging is a serious matter. It has been suggested that the Denver Construction Inc. company colluded with the Dells Construction company to fix prices on property that was located in Illinois. These two companies have had a rocky history with four lawsuits in the last ten years as well as cases of the companies stealing bids from each other. An ex-husband has made the claim that the companies were involved in price fixing in a bid for two properties that each were sold well under the current market value. He claims to have emails and text messages to substantiate his claims.
Enacted in 1890, the Sherman Act is among our country's most important and enduring pieces of economic legislation. The Sherman Act prohibits any agreement among competitors to fix prices, rig bids, or engage in other anticompetitive activity. Criminal prosecution of Sherman Act violations…… [Read More]
Project Management and the Federal Sustainable Energy Initiative
Today's IT Project Management
The Project Management Failings of the Obama Administration's Sustainable Energy Initiative
Dr. Beverly JN Bowen, PhD
As the global economy continues to suffer the devastating consequences of unchecked growth, in the form of a prolonged recession which has decimated the housing market, private enterprises and public policymakers alike have a vested interest achieving a sustainable form of urban development. Seeking a balance between our society's collective desire for environmental responsibility and the grim calculus of continually rising human populations has long been the goal of conscientious city planners, but the role of governmental intervention in this process has inspired considerable debate among politicians, social scientists, and real estate developers. With the administration of President Barack Obama encountering resistance and ridicule after a significant investment in clean and renewable energy, a move many detractors view as a billion dollar…… [Read More]
English Right of Set-Off and Combination in the Circumstance of Insolvency
The right of combination and set-off, as developed under English law offer a number of safeguards to banks and creditors in general. These rights were expanded under the principles that they were necessary to effect substantial justice and that they would stimulate economic growth and trade. In the following paper, I suggest that the judicial application of these rights has tended to unfairly favor banks at the expense of the individual customer, which may initially stimulate growth by encouraging banks to provide loans, but in the long-term may serve to deteriorate trade, particularly at the international level. Customers in other countries, particularly civil law countries, experience much more risk when they do business with an English bank, and hence may be better off refraining from bringing their enterprises there, or at any rate must be extremely careful in drawing…… [Read More]
Progressivism began as a social movement and evolved into a political movement, according to materials published by George Washington University (www.gwu.edu). Early in the social movement progressives were concerned about poverty, racism, greed and "class warfare," and they believed that those problems could be best addressed through education, a safer environment, and a workplace that was fair and safe (www.gwu.edu). Who were those considered to be progressives? The George Washington University narrative explains that they live "mostly in the cities," they had graduated from colleges and universities, and their beliefs included the belief that "…government could be a tool for change" -- and among the most vocal and visible social reformers / progressives were Jane Addams and journalists Jacob Riis and Ida Tarbel (www.gwu.edu).
Progressive journalists wrote investigative pieces that exposed "the evils of corporate greed" and they presented a balanced view of immigration and ethnicities, all the time "…urging…… [Read More]
Compare the presidencies of Roosevelt, Taft, and ilson. hat made them Progressive presidents? Identify what you believe to be the most important pieces of legislation passed during each administration. hy are these so significant? Finally, be sure to indicate what each president did to expand the meaning of freedom for American
Theodore Roosevelt is often called our nation's first Progressive president. Roosevelt used the Sherman Anti-Trust Act to break up heavily consolidated industries that were having a stifling effect upon American commerce and limiting the choices of the American consumer. Roosevelt was also an advocate against child labor and unfair labor practices in general. One of his first noteworthy achievements as president involved negotiating an end to a crippling coal strike. Roosevelt was the first president to pass food and drug safety laws; mandated government supervision of insurance companies; investigated child labor violations and also passed the Hepburn Act,…… [Read More]
Architect Frank Lloyd right went beyond even Ives's achievements. Sharing affection for the organic ideas of the American Renaissance before the Civil ar and asserting that form and function were one, right developed the Prairie school of architecture. This tried to integrate the design of housing and the land it used and forced Americans to think more carefully about rapid urbanization. In terms of the impact that he had abroad right's work still influences architects and city planners today (Progressive Movement, 2010).
A lot happened during the reform movement all which had some effect on the way that we live today. It changed things in this country on a political, social and economic level that helped this country to progress forward and become what it is today. History provides a wonderful building block upon which we can grow and expand. It gives us the insight into what worked and what…… [Read More]
Still, the future stated goal of GM is to develop an electric or hybrid version in all of its existing brands lines -- Chevrolet, Cadillac, Buick and GMC.
Outcome of changes
GM's most notable success has been overseas, where it is currently ahead of all of its competitors in the rapidly expanding Chinese market. "While GM is outpacing Ford in overseas competition, GM cannot solely depend on China for growth. While the emerging market contributed to GM's global recovery last year with 2.3 million in sales, it may not experience the same momentum this year  because the Chinese government has ended incentives on small cars and rural purchases" (Benedicto 2011). Still, evidence of GM's health is seen in the fact that it recently announced that it will issue profit-sharing checks this month for hourly workers, the largest in a decade (Vlasic & Bunkley 2011:1). Talks with the UAW will…… [Read More]
Policy, Politics and Global Health Trends
The Affordable Care Act
The Affordable Care Act (ACA) was recently signed into law in America. This public policy impacts all citizens of the U.S.A. And has been controversial from its inception, not only because many people, who were promised by the President that if they liked their plan they could keep it, ended up having to get a new plan at a higher rate, but also because the very individuals who promoted the policy demonstrated a clear conflict of interest in doing so (Cesca, 2010).
The financial impact of the policy has been a serious one: rates have increased and people who cannot afford to buy health coverage are to be taxed if they do not buy it. Moreover the Act asserts that "healthcare is a right, not a privilege" (ak, Coffin, 2014, p. 317). However, by "enforcing" everyone to exercise that "right,"…… [Read More]
Stategic Planning fo Maket Enty
Baies to Enty
Maket Enty Stategy Selection
Agents, Distibutos and Tading Houses Agents
Distibution and Sales Channels
Stategic Alliances, Licensing and Fanchising
Foeign Diect Investment
Finding the Right Patne
Negotiating a Patneship Ageement
The Ageement Checklist
Have the salient points of the ageement been ageed upon in pinciple?
Paticipants and thei Roles
Section 10: Managing Intenational Business Opeations
In this wok, the case study of Tesla Motos has been taken as an example to undestand the stategies of intenational businesses with paticula attention to Gemany. The wok begins with exploation of stategies pevasive in intenational makets with close attention to enty issues. The vaious foms of foeign investments and business like Geenfield, acquisitions, meges, and Joint Ventues…… [Read More]
The defects will be the concern of the local manufacturer and not that of the business. This, again, will mean savings on waste, labor and shipping. As a desirable consequence, outsourcing will boost the host country's economic condition by providing affordable products to the citizens. This enhances consumer spending (Marie).
Outsourcing manufacturing, however, encourages dependence on the outsourcing partner (Marie, 2010). This is a disadvantage on the side of the contractor if the partner goes out of business. Fortunately, this can be offset if the parts for manufacturing are distributed to different contractors and all the elements sent to a final contractor to assemble the finished product. Cost and time other disadvantages. Tests will require more time for fine tuning before distribution. These processes cannot be avoided. However, strategic planning with the right outsourcing partner may prevent or eliminate the risks of outsourcing manufacturing internationally (Marie).
Ethics and Social Responsibility…… [Read More]
It was a poor policy at best, and the President's Cabinet approved the plan, even if he did not. In fact, Congress specifically denied the request to send money to the Contras, so it was done in secret, and this violated the law and the trust of the nation. It was dishonest, it was covert, and it cast a dark cloud over the presidency and eagan's own motives.
In comparison, oosevelt has his own legacy of poor judgement, too. oosevelt tried to pack the Supreme Court by proposing to add new justices, and many believe he pointed the country toward socialism.
oosevelt felt the Supreme Court was too conservative when they overthrew many of the social changes he had created in the New Deal. He felt they were not following the Constitution in their decisions, but were following their own feelings. He wanted to bring the number of Supreme Court…… [Read More]
The Democratic Party did not win another presidential election until 1913 when Woodwork Wilson was elected due to a split vote between Republican conservative candidate, William Howard Taft and Republican progressive candidate Theodore Roosevelt.
The New Freedom "was the slogan of Woodrow Wilson who came into presidential office on the platform of promising reform on a liberal basis. Specifically, through an extension of Federal regulations of banking and industry. Further reform through setting up the Federal Reserve System and the Federal Trade Commission as well as strengthening antitrust statutes on the part of Wilson. Much needed reforms to legislation of welfare was attended by Wilson. Wilson's first Administration demonstrated breaking of connections to the old tradition of Democratic laissez faire.
The Republican Party:
The Republican Party united once again nominated Rutherford . Hayes in 1876. Although the Democratic candidate, Samuel Tilden, was said to have won by popular votes, the…… [Read More]
International Social Science eview, 85(1-2), 62-63.
Halachmi, a. & Bouckaert, G. (1996). Organizational performance and measurement in the public sector. Westport, CT: Quorum Books.
How has congressional agenda setting changed over time?
The agenda of the U.S. Congress has been closely aligned with its role as the legislative branch of the U.S. government. According to Black's Law Dictionary (1991), "The first Congress under the Constitution met on March 4, 1789 in the Federal Hall in New York City" (p. 301). Indeed, the creation of the U.S. Congress coincided with the adoption of the U.S. Constitution. In this regard, Black's (1991) adds that, the U.S. Congress was created pursuant to Article I, Section 1, of the Constitution, adopted by the Constitutional Convention on September 17, 1787 providing that "all legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and…… [Read More]
Yet, Theodore oosevelt also found within the American nationalism a powerful civic culture that made the United States of America as a country that welcomed all kinds of people irrespective of where they came from, their racial identity and religious leanings as long as they were prepared to devote themselves to the country and observe the laws of the land. Theodore oosevelt also loved the idea that the United States of America was a melting pot in which a hybrid race of different strains could be created. Theodore oosevelt believed that such a mixing had created and would sustain the racial superiority of the American race. This belief of his was demonstrated by his personal delight in moving across social boundaries and meeting people of diverse groups. (Theodore oosevelt and the Divided Character of American Nationalism)
Thus we see that after President Lincoln for nearly thirty five years the leaders…… [Read More]
Stalemate to Crisis" and "he Imperial Republic."
Questions From "From Stalemate to Crisis" and "he Imperial Republic"
Brinkley, Alan. (2004) he Unfinished Nation: A Concise History of the American people. Volume II. 4th Edition. New York: McGraw-Hill.
What were the great social issues creating deep divisions in American life in the 1880s and 1890s? Discuss unionization of workers and the discontent felt by the farmers?
Political corruption, America's increasingly marked shift from an agrarian to an industrialist society, and the tariff questions surrounding the sale of American goods abroad, were all the important issues that served to tear the American nation apart during the latter half of the nineteenth century. he rise of agrarian discontent was manifested in the vocal Granger Movement, the formulation Farmers' Alliances, and the Populist movement that swept the American Midwest. Although agrarian discontent declined, after 1898, the origins, purposes, and effectiveness of the Interstate Commerce…… [Read More]
Microsoft's strategies are likely to reflect negatively on society, considering that the company is practically denying other companies the right to serve their users. In spite of the fact that other browsers are likely to fit the needs of some users better, these respective individuals have not have the opportunity to actually understand this. Society needs to be a place where the best products need to be promoted and openly displayed in order for the masses to be able to differentiate between some products and others.
Although some people might feel nostalgic when regarding the importance of concepts such as television and newspapers, the truth is that technology is rapidly advancing and these two mediums are limited in providing the public with the information that it wants. Palla Dragan's article "Is the End of Newspapers and TV Really Coming?" discusses in regard to this topic and makes it possible for…… [Read More]
Social, Cultural, And Political Influence in Healthcare Delivery
Social, cultural, and political inequalities are detrimental to the health and healthcare system of the U.S. This is because the U.S. is one of the most multicultural, overpopulated, diverse and undergoing rapid economic growth. The federal government has embarked on efforts geared at addressing unsustainable costs of health care in the U.S. With the leadership of the current president, Barrack Obama, initiatives of containing health care costs will evaluate and explore strategies to contain the growing costs of health care based on a system-wide while enhancing the value and quality of health care (Ubokudom, 2012). The apparent system of health care is rife with opportunities of minimizing waste, delivering coordinated, effective care, and improving well-being and health of all Americans. The government in collaboration with care providers must prioritize cost effective containment strategies with the greatest possibility for political success and non-partisan…… [Read More]
Grocery Store by Entrance of Hypermarkets in Bangkok Thailand
Small grocery store owners in Thailand are faced with the ever growing threat of foreign -- owned hypermarkets. Hypermarkets are part of a global trend that threatens to destroy the small grocery store. If this trend continues the traditional market structure of Thailand might become obsolete in the future. This research explores strategies that small grocery store owners can employ to remain profitable and to survive into the future.
The Tesco Effect
Are There Any Advantages to Being a Small etailer?
Benefits and Pitfalls of Tesco to the Economy
Thai Government and Economic Theory
ecommendations for Survival
Commodities are one of the most stable opportunities for retailers. They are considered to be a profitable opportunity and can be started with a relatively low investment. In areas where people have high purchasing power, the local grocery or convenient…… [Read More]
United Federation of Teachers (UFT) is the union that represents teachers in the New York City public schools, which is the largest public school system in the United States. The public school system in New York City serves 1.1 million students in more than 1,800 schools; the system pays 75,000 teachers and operates with a budget of about $24 billion[footnoteRef:1] (NYC Department of Education). The task of running 1,800 schools in a city with five boroughs and approximately 8.337 million residents is enormous, and while the UFT works hard to serve the teachers so they may do the most productive and effective job educating the children, the union is frequently involved in contentious interactions with the City's school officials. This paper covers the activities of the union, the ongoing issues between the City's bureaucracy and the union, the successes and challenges that impact the union, and the problem of anti-unionism…… [Read More]
Sub: comment on John's claim as a whistle blower against PharmaCAE and the ethical and legal implications of the case
As a member of Dewey, Chetum, and Howe you asked me to find out suitable ethical and legal implications that John's case could bring for the firm and for John himself. Detailed in the report are the issues regarding:
The Ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety in relation to PharmaCAE
Business ethics can be defined as the art, system, method and the discipline that is applied to along with ethical principles to solve complex business issues and dilemmas. It defines the actions that are taken that tries to reach a balance between the organization achieving its business and economic obligations and social obligations (Moon, 2001).
One of the ethics that is applicable in this case is related to the advertisement…… [Read More]
Industrialization After the Civil War
The United States economy grew to unprecedented levels and very quickly, after the American Civil War. This economic and industrial growth comprised of a number of causative factors such as technological innovation, westward expansion, and immigration to the United States that have witnessed tremendous development over the years. American economic and industrial growth was a kind of mixed blessing; but at the same time, it raised the living standard of some Americans, made certain goods easily accessible, and equally helped the United States become world military and economic power. These same forces, on the other hand and at the same time, increased the gap between the rich and the poor, enhanced and reduced political corruption at different levels of government, and also created some lasting legacy for environmental destruction (Shultz, 2014).
This paper contends to most effect, that industrialization was nothing more than a mere…… [Read More]
Ethical esponsibility of Corporate America
Many organizations strive to increase their profit margins by doing everything possible (including unethical practices) to increase their revenues. Nevertheless, the past three decades have seen some organizations embracing CS (Corporate Social responsibility). This idea has become significantly important to almost every organization that seeks to increase revenues. Corporate social responsibility is also referred to as community responsibility, stewardship, corporate sustainability, corporate responsibility, accountability and corporate ethics among others. In essence, CS enable organizations to bring in people and the environment into their decisions, strategies and plans (Anyango Ooko, 2014).
In this paper, the use of the term corporate social responsibility will mean a set of actions by enterprises that are geared towards meeting the legal, ethical, economic, and discretional responsibilities that the stakeholders expect them to fulfill. They should undertake the economic obligations of producing profits, and meeting the consumption requirements of the people;…… [Read More]
President Roosevelt took a proactive approach to the Great Depression, immediately proposing the New Deal programs as practical steps towards rebuilding the nation’s economy. When he was elected, Roosevelt also demonstrated understanding of the need for emotional messages to help the American people remain calm and confident. For example, one of FDR’s most famous quotes was delivered in his inaugural address: “the only thing we have to fear is fear itself.” Roosevelt capitalized on the power of the radio to deliver his message of hope and inspiration to the American public. Starting in 1933, Roosevelt delivered the “Fireside Chats,” which informed the public but also provided the psychological solace that so many needed.
Who Benefitted from the New Deal
Ultimately all Americans benefitted from the New Deal, which comprised a number of different but related programs designed to stimulate the economy and mitigate harm. The New Deal programs…… [Read More]
Thus it was confidence ebbed that had ebbed actual income. The Hiscox Wealth eview of 2009 found: "The recession has left its mark on the psyche of the Working Wealthy with a lack of confidence impacting their perceptions of wealth and appetite for risk. Whilst two in five (41%) say the recession has not had an impact on the amount of money they have to spend, almost an equal number (44%) say they are fearful of the future" (PN Newswire, 2009). But, observed Vanity Fair reporter tartly: "Most 60-year-old ex-Lehman Brothers bankers likely squirreled away enough to at least scrape by on a couple of million a year" (Shnayerson 2009, p.3). If they did cut back, it was in relatively minor ways: "Why should I pay $250,000 for a private plane," said one man to the magazine "when I can pay $20,000 to fly commercial first class" (Shnayerson 2009, p.1).…… [Read More]
Forbes Magazine entitled, "In the Pill Box" discusses Walgreen's Drugstore and the challenge that it faces from Pharmacy Benefit Managers (PBM). The article begins by informing the reader of the astronomical growth of the Walgreen's company. The author explains that the company's stock has risen by 3,000% in the past 20 years and that the store plans to have over 7,000 stores by 2010. (Lambert) The article also asserts that the same-store sales increased by 9% in fiscal 2003. (Lambert)
The author contends that although the company is extremely success, there is a threat on the horizon. This threat comes in the form of Pharmacy Benefit Managers who show health organizations and employers how to make prescriptions drugs more cost effective. The article explains that PBM's often encourage these organizations to persuade patients to get long-term prescriptions through the mail instead of going to a pharmacy. Mail order pharmaceuticals are…… [Read More]