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Unreimbursed heft Loss
Schroerlucke vs. U.S., 2011 WL 4440599 (Fed. Cl.)
Facts
Mr. And Mrs. Schroerlucke claim they were due a tax refund for unreimbursed losses for 1997, 1998, 1999, and 2002. Mr. Schroerlucke had worked for World Com until he terminated employment on January 4, 1999 and had accumulated stock options. He had exercised all options and retained full ownership and had all rights in decisions pertaining to the stock. he last of the stock was sold on May 1, 2002, May 24, 2002, and September 12, 2002, in which he received some cash from the sales.
On April 11, 2003, Mr. And Mrs. Schroerlucke filed their 2002-1040 tax return with a long-term capital loss of $6,741,358 and received a maximum of $3,000 deduction. On April 7, 2006, Mr. And Mrs. Schroerlucke filed a 2002 1040X to claim the losses as a theft loss under provisions 26 U.S.C. 165…
There is evidence that the courts have adopted the state law test to determine if a theft has actually occurred, DeFusco v. Comm'r, 38 T.C.M. At 922, Paine vs. Comm'r, 63 T.C. At 740. Therefore, is it permissible to use the Georgia State law to determine if they theft occurred because Georgia is the state of residence for Mr. And Mrs. Schroerlucke.
The Official Code of Georgia Annotated (OCGA) 16-8-4 (West 2011) (theft of conversion) and OCGA 16-8-5 (West 2011) (theft of services) was relevant to this case. The theft of services could not have occurred because Mr. Schroerlucke terminated employment on January 4, 1999 and received all compensation he was entitled to at that point. He had exercised all stock options and retained all the rights to them at that point.
Mr. And Mrs. Schroerlucke alleged that World Com stole Mr. Schroerlucke's investments by hiding the fraudulent activities to artificially inflate the stock price or by changing the business from lawful to unlawful practices. The Georgia law states a theft occurs when one "unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of his property, regardless of the manner in which the property is taken or appropriated." Mr. Schroerlucke had exercised the stock options and retained full rights. World Com had given him all he was entitled to and did not hold his property. Therefore, no theft occurred under the Georgia state law.
Hypothetical Situation
Case Facts: Darryl is a 20-year-old man who has consensual sexual intercourse with Victoria, a 15-year-old girl. Darryl usually likes his sex to be very physical or rough in nature. Although she is uncomfortable with this, Victoria goes along because she would be embarrassed if Darryl thought she was inexperienced. Unbeknownst to either of them, Victoria is pregnant at the time that she and Darryl have intercourse. Due to the rough nature of their actions, Victoria miscarried resulting in the death of the unborn child.
The first issue presented in this case is whether the Darryl committed statutory rape since Victoria was a minor at the time of the incident. The second legal issue in this case is whether Darryl committed feticide, which is an act that contributes to the death of an unborn fetus, though he did not know about the pregnancy when having intercourse with Victoria.…
References
Dressler, J. (2014). Sum & substance: criminal law. (6th ed.). St. Paul, MN Thompson West Group.
Gardner, T.J. & Anderson, T.M. (2016). Criminal law (13th ed.). Stamford, CT: Cengage Learning.
Siegel, L.J. (2014). Criminology: the core (5th ed.). Stamford, CT: Cengage Learning.
Vij, K. (2014). Textbook of forensic medicine & toxicology: principles & practice (5th ed.). New Delhi, India: Elsevier.
Dennis L. Hayden and Sharon E. Hayden vs. Commissioner of Internal Revenue (CA-7), U.S. Court of Appeals, 7th Circuit, 99-2520, 2//2000, 204 F3d 772.
FACTS
Plaintiffs, Dennis and Sharon Hayden, married, were sole partners of the proprietorship called "Leddos Frozen Yogurt, LLC." In 994, Leddos purchased equipment for $26,650 and on the tax return for 994 tax year reported an income loss of $2,224, with total deduction for $3,294 and a loss of $5,78, Under section 79, on the Depreciation and Amortization form, Leddos reported the expense of $7,500 as deduction of the $26,650 invested in equipment. The Haydens reported this figure as a flow through to their 994 federal income tax return.
During that same period, Dennis Hayden operated an accounting business as sole owner (Hayden & Associates, CPAs). Dennis Hayden paid the Hayden's 993 income tax liability of $9,284 from the bank account of his accounting firm under…
1. Leddos did not have any income for 1994 and section 179(b)(3)(A) maintains that the deduction under section 179 "shall not exceed the aggregate amount of taxable income of the taxpayer of any trade or business during such taxable year." Section 179 (c) (2) states similarly, but that section uses the terms 'partnership' which the Haydens, referring to section 701, is a term that is different from, and therefore does not refer to taxpayer. They therefore argued that the regulation is invalid.
2. Relying on precedents, the U.S. Court concurred with the Tax Court that the implicit meaning of 'partnership' in this case was the same as 'taxpayer'; that Sec. 1.179-2©(2) was valid and they therefore maintained that it must be sustained.
3. Section 179 has conditions one of which is that the deduction must not exceed the taxpayer's combined amount of taxable income. Leddos had no taxable income for 1994. Rather, they reported a loss of $15,718. Their claimed deduction under Section 179 of $17,500 exceeded their taxable income of that year, and, therefore, the Tax Court was correct in denying their request.
Indianapolis vs. Edmond
531 U.S. 32, 121S. ct.447, 148 L. Ed. 2D 333(2000)
Facts: In an attempt to discover and intercept unlawful narcotics on transit across the city, Indianapolis police implemented a highway checkpoint program, where motorists would be stopped at designated checkpoints, and their vehicles searched for narcotics. The checks lasted no more than five minutes and involved both an open-view examination, and a sniffer dog program. Two motorists, one of them James Edmond, brought suit against the state on grounds that the checkpoint program violated the search and seizure provisions of both the Indiana Constitution and the Fourth Amendment (Carmen, 2013).
Is a highway checkpoint program whose primary goal is the discovery and interception of unlawful drugs consistent with the provisions of the Fourth Amendment?
Holding: No; a vehicle examination at a highway checkpoint constitutes an unlawful search, particularly if the purpose of the same is indistinguishable from…
References
Carmen, R. (2013). Criminal Procedure: Law and Traffic (9th ed.). Belmont, CA: Cengage Learning.
When facts can be so easily distorted by trusted figures broadcasting on stations or channels that ostensibly report the news, however, and when enormous fortunes are made by political parties and media entities themselves through the work (i.e. The continued fact-distorting and rhetoric chanting) of these media figures there is a compelling public interest in restoring rationality to public knowledge and discourse. What form this interest should take in practical terms is a matter for much discussion and debate in and of itself, but both parties should be prevented from paying "volunteers" to turn out at events and disrupt others' attempts to gain access to their elected representatives and public officials, and financial ties between for-profit media entities and political parties should perhaps be more closely scrutinized.
The root problem at the heart of the town hall meeting disruptions, however, and in fact the root problem at the heart of…
Further Reading
Beutler, B. (2009). Tea Party Town Hall Strategy: "Rattle Them," "Stand Up and Shout." Accessed 23 September 2012. http://tpmdc.talkingpointsmemo.com/2009/08/tea-party-town-hall-strategy-rattle-them-stand-up-and-shout.php
CNN. (2009). Disruptions drown out debate at health care meetings. Accessed 23 September 2012. http://articles.cnn.com/2009-08-10/politics/health.care.questions_1_health-care-president-s-plan-clinton-s-plan?_s=PM:POLITICS
Mapp v. Ohio
Facts: suspicious that the petitioner (Dollree Mapp) was hiding a bombing suspect and some paraphernalia that that may have been used to carry out a bombing in the state, Cleveland police went to her residence demanding to be allowed to conduct a search in regard to the same. The petitioner, after consulting with her attorney, refused to let them in because they did not have a warrant to that effect. The officers left, but returned several hours later holding up a sheet of paper that they claimed was a search warrant. They forcibly made their way into the house, conducted a thorough search, and seized a trunk containing obscene materials in the basement. They then charged the defendant for the possession of obscene materials in violation of state law. The defendant filed an appeal on grounds that the search conducted by police in her boardinghouse violated the…
Works Cited
Case Briefs. "Mapp v. Ohio." Case Briefs, 2014. Web. 17 November 2014 http://www.casebriefs.com/blog/law/criminal-procedure/criminal-procedure-keyed-to-saltzburg/searches-and-seizures-of-persons-and-things/mapp-v-ohio-3/2/
Ranney, James. "The Exclusionary Rule -- the Illusion vs. The Reality." Montana Law Review 46.2 (1985): 289-305.
It is merely a separate agreement between the assignor and assignee in which the assignor gives its rights under the contract to the assignee for good and valuable consideration. Since an assignment is not a modification to the original agreement, it does not need to be in writing and signed by the parties to the original agreement. However, if the terms of the original agreement are altered by the assignment, such as if Kethan's terms of employment changed (different salary, different working hours, different responsibilities) then the assignment could arguably be a modification of the original agreement. However, in this case nothing about Kethan's work environment changes.
Further, the court determined that due to Kentucky public policy and case precedent, noncompetition agreements are assignable because Kentucky public policy favors enforcement of noncompetition agreeements as long as they are reasonable. This policy is designed to protect businesses from unscrupulous employees who…
391).
Padilla's counsel subsequently filed a petition for certiorari with the United States Supreme Court, which was again denied in April of 2006. Meantime, Padilla had been transferred to civilian custody, essentially rendering the petition for a writ of certiorari in the highest court in the land a moot point.
The question before the Court of Appeals was whether the President of the United States had the constitutional authority to detain a United States citizen who was allegedly associated with al Qaeda, a known terrorist organization that the United States was at war with.
The Judge who ultimately penned the Court of Appeals' opinion, Luttig, was joined by Judges Michael and Traxler (2005) and wrote:
The detention of petitioner being fully authorized by Act of Congress, the judgment of the district court that the detention of petitioner by the President of the United States is without support in law is…
References
American Civil Liberties Union of Virginia. (2006). Padilla v. Hanft.
Retrieved from http://www.acluva.org/docket/padilla.html .
Judge Luttig, and Judges Michael and Traxler. (2005). Padilla v. Hanft, 423 F. 3d 386 - Court of Appeals, 4th Circuit. Google Scholar. Retrieved from http://scholar.google.com/scholar_case?case=4248615015622681524&q=Padilla+v.+Hanft,+423+F.3d&hl=en&as_sdt=2,44&scilh=0
Rumsfeld v Padilla. (2004). Rehnquist, William, C.J., Sandra Day O' Connor, Antonin Scalia, Anthony Kennedy and Clarence Thomas. Google Scholar. Retrieved from http://scholar.google.com/scholar_case?case=15130484144621962379&q=Rumsfeld+v.+Padilla,+542+U.S.+426+ (2004)&hl=en&as_sdt=2,44.
K. Comment: I agree with the majority opinion. The Constitution is the absolute guiding law of the land, and the Fourteenth Amendment guarantees that its protections will be extended to state actions. The Fourth Amendment guarantees a right to privacy and assures citizens that they will be free from unreasonable searches and seizures. The Fourth Amendment also imposes a warrant requirement for the majority of searches, so that most searches that occur without a warrant violate the Fourth Amendment. The search in this case certainly violated the Fourth Amendment, but whether or not the constitutional violations were as egregious as in this case should not be the determinant of whether evidence is excluded, because the Constitution absolutely bans all unreasonable searches and seizures. hile the dissent suggests that other remedies can help a defendant who has been subjected to an unreasonable search and seizure, the fact is that none of…
Works Cited
Mapp v. Ohio, 367 U.S. 643 (1961). http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=367&page=643
easonable Suspicion and 4th Amendment Law in U.S. v. Arvizu, 534 U.S. 266 (2001)
Title and Citation: U.S. v. Arvizu, 534 U.S. 266 (2001)
Type of Action: eview by the U.S. Supreme Court of a ruling made by the U.S. Court of Appeals for the Ninth Circuit, which held that evidence should be suppressed as a result of a violation of the Fourth Amendment right to privacy and protection from unwarranted and unreasonable search and seizure. The federal government sought to overturn the motion to suppress that was upheld by the Ninth Circuit.
Facts of the Case: On a January afternoon in 1998 Border Patrol agent Clinton Stoddard was manning a checkpoint on U.S. Highway 191, located north of Douglas, Arizona. At approximately 2:15 P.M. A motion sensor was tripped and Stoddard was notified that a vehicle was traversing an infrequently travelled road -- evidence used by Border Patrol agents…
References
U.S. v. Arvizu, 534 U.S. 266 (2001)
U.S. Const. amend. IV
Gault
Caption: In re Gault et al., 387 U.S. 1; 87 S. Ct. 1428; 18 L. Ed. 2D 527; 1967 U.S. LEXIS 1478; 40 Ohio Op. 2D 378.
Facts: After allegedly making obscene phone calls to a neighbor, the appellants' son, a fifteen-year-old boy, was taken into custody by the Gila County sheriff. The detention occurred without notice to the parents. The boy was questioned without being advised of his right to silence and without his parents present. At no time were the boy or his parents advised that the boy had the right to counsel. When the mother went to the juvenile facility where her son was being detained, she was advised that he was being held because of obscene phone calls and that a hearing would occur the next day. At the hearing in the Juvenile Court, a petition was filed stating that the boy was a delinquent…
References
In re Gault et al., 387 U.S. 1; 87 S. Ct. 1428; 18 L. Ed. 2d 527; 1967 U.S. LEXIS 1478; 40 Ohio
Op. 2d 378.
United States of America, Plaintiff -- Appellee,
Ann W. McRee, Joseph H. Hale, Defendants -- Appellee.
United States Court of Appeals,
Eleventh Circuit.
Parties: United States of America (Plaintiff) v. McRee & Hale (Defendants)
Facts:
On February 28, 1985 the Internal Revenue Service (IRS) issued a jeopardy assessment in the amount of $1.9 million which would impact Hale's property and businesses. He was in prison at the time for securities fraud and perjury, and his affairs were being handled by Ann McRee and Paul Wagner. On April 15, 1985, the IRS sent Hale a Denial of Appeal of Jeopardy Assessment with right to appeal, which they did not take advantage of. The IRS accidentally sent Hale a refund check in the amount of $359,380.25 because of a computer error which should have stated that they took $340,000 as partial payment of the amount owed. Hale did everything in his power…
Case Brief:
In this particular case, Mrs. Gregory, who is in this context the taxpayer, was keen on avoiding double taxation. As the owner of the stocks of United Mortgage Corp., an entity that held some stocks at Monitor Securities Corp, she desired to sell Monitor Securities Corp's securities for a significant profit. However, there was a problem. If done as it should have been done, taxation would occur at two levels, i.e. after the sale of Monitor Securities Corp's stocks and again during the distribution of sale profit, as dividend tax. There was a way around this. To minimize her tax obligation, Mrs. Gregory formed a new entity which then issued its shares to her after they were transferred from United Mortgage Corp to the said entity. Next, she dissolved the new company thus causing Monitor Securities Corp's securities to be accorded to her as liquidating dividend -- with…
References
Elias, S. & Editors of NOLO. (2009). Legal Research: How to Find & Understanding the Law (15th ed.). Berkeley, California: NOLO.
Justia. (2013). Gregory v. Helvering, - 293 U.S. 465 (1935). Retrieved from https://supreme.justia.com/cases/federal/us/293/465/case.html
Parties:
United States of America (plaintiff) v. amzi Ahmed Yousef, Eyad Ismoil and Abdul Hakim Murad (defendants)
Facts:
amzi Yousef, Eyad Ismoil also known as Eyad Ismail, and Abdul Hakim Murad also known as Saeed Ahmed were charged by the United States in a federal district court for conspiring to bomb twelve American commercial airlines in Southeast Asia. Following his entry in Manila, Philippines in 1994, Yousef developed a plan for the attack which incorporated five people placing bombs aboard the aircraft and exiting them at their first layoff. Together with other people, Yousef tested the plan on two incidents by placing smaller bombs in other aircrafts. This plan was discovered when the three accidentally started a fire when burning chemicals in the Manila apartment. The area police arrived at the scene and found plans to carry out the attacks on Yousef's computer as well as components for developing a…
References:
"Ashcroft v. Kidd CB3." (2013, March 4). Westlaw -- Saint Leo University. Thomson Reuters.
"Dinler v. City of New York CB4." (2013, March 5). Westlaw -- Saint Leo University. Thomson Reuters.
"PMOI v. U.S. Department of State CB2." (2012). Westlaw -- Saint Leo University. Thomson Reuters.
"United States v. Yousef CB1." (2012). Westlaw -- Saint Leo University. Thomson Reuters.
Due Process Law and 5th & 14th Amendment Issues in Gilbert v. Homar, 117 S.Ct. 1807 (1997)
Title and Citation: Gilbert v. Homar, 117 S.Ct. 1807 (1997)
Type of Action: eview by the U.S. Supreme Court of a ruling made by the United States Court of Appeals for the Third Circuit, which held that a university police officer's right to due process was violated by his employer when the former was immediately suspended without following a felony arrest. East Stroudsburg University (ESU) sought to overturn the Third Circuit's reversal of the district court's original summary judgment for the university, with the Supreme Court granting certiorari.
Facts of the Case: ichard L. Homar was employed as a campus police officer by ESU, until an incident occurred in which Homar was arrested on drug charges relating to a raid executed at a family friend's house. Despite simply being at a friend's house…
References
Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985)
Gilbert v. Homar, 117 S.Ct. 1807 (1997)
Matthews v. Eldridge, 424 U.S. 319 (1976)
U.S. Const. amend. V
Case Facts: Ernesto Miranda was arrested and locked up in a Phoenix police station on March 13, 1963 where he was identified by a complaining witness (Samaha, 2012). Law enforcement officers took him to an Investigation Room where he was questioned before the two officers came out with a written confession that he signed. During the questioning, Miranda was not notified that he had a right to an attorney and was notified of the need for voluntary confession after making his oral confession. The written confession was then admitted into evidence at his trial before a jury despite objections from the defense counsel. The court then found him guilty of kidnapping and rape and sentenced him to 20 to 30 years in prison for each count, with these sentences running simultaneously. This ruling was upheld by the Supreme Court of Arizona following Mirandas appeal on the basis that his constitutional…
Knorpp v Hale
981 SW 2nd 469 (Tex. App. 1998)
Knorpp v Hale is a case from Texas that deals with the issues of responsibility towards an individual coming onto one's personal property and then experiencing a danderous or negative situation. In this case, Bonita Knorpp believed that her son, Todd Erwin, was a licensee rather than an invitee at the time of his death. The procedural history of this case focuses on the notion that Knorpp (the administrator of her son's estate) wanted the Court to review an order from the 202nd Judicial District court that found the Erwin was a social guest when he was killed (Knorpp v Hale, 1998).
The background of the case shows that Erwin was dating the Autumn Hale, daughter of Michael and Reeda Hale. The two had been dating for about a year, and Erwin spent a considerable amount of time at the…
Law School Briefs. (1998). Knorpp v. Hale Case Brief. Retrieved from:
http://www.lawschoolcasebriefs.net/2013/02/knorpp-v-hale-case-brief.html
Common phrase
com" from an Internet host in Maryland to a host in New York.
The New York host turned out to be merely an intermediary of a Canada-based company (Tucows). Tucows eventually turned over the domain name to the Alabama authorities upon their request. Thereafter, Novak appealed the decision in the Alabama case successfully and then filed an action against Tucows for illegally depriving him of his property by conversion. Tucows' defense to the action relied on a clause in their contract with Novak that specified a Canadian forum to resolve any disputes but Novak argued that an automatic process of "clicking through" a contract could not hold him to a forum selection clause that was not negotiated specifically.
Legal Issue:
Is a party to a contract held to a forum selection clause when that clause was not subject to a negotiation?
Decision:
The process of "clicking through" is commonly accepted…
District of Columbia v. Heller Case Brief
Case Facts: The District of Columbia Code prohibited carrying an unregistered firearm and banned the registration of handguns through its provisions. However, the provisions granted the chief of police the liberty to grant one-year licenses for handguns. Additionally, the Code required individuals owning legitimately registered firearms to keep them unloaded and disassembled or with locked trigger unless they were in business places or being utilized for legalized recreational activities.
A special police officer in Washington, D.C., Dick Anthony Heller, was permitted to carry a handgun while on duty. He applied for a one-year registration license from the city of Washington for a handgun he wanted to keep at home. Based on the provisions of the District of Columbia Code, Heller's application was rejected. Consequently, he sued the District of Columbia on the premise that the provisions of this Code violated the Second Amendment.…
ATLANTA MOTEL v. UNITED STATES, 379 U.S. 241 (1964)
379 U.S. 241
In the Court of: U.S. Supreme Court
Argued on: October 5, 1964
Decided on: December 14, 1964.
Facts
Reasons for the Lawsuit:
The appellant is the owner of a large motel (Heart of Atlanta Motel Inc.) in Atlanta, Georgia who restricts his clientele to white people, 75% of whom are inter-state travelers. He has filed a suit to perpetuate his policy of refusing rooms to Negroes. The defendants or appellees are the United States et al.
Arguments of the Appellant
The appellant contends that in passing and enforcing the Civil Rights Act of 1964, the congress has exceeded its power to regulate commerce under Art. I, 8, cl. 3, of the U.S. constitution.
The Act violates the Fifth Amendment as the appellant is deprived of the right to choose its customers and operate its business as it wishes,…
Murphy v. Waterfront Commission, 378 U.S. 52 (1964)
Title and Citation: Murphy v. Waterfront Commission, 378 U.S. 52 (1964)
Type of Action: eview by the U.S. Supreme Court of a ruling made by the New Jersey State Supreme Court, which held that petitioners subpoenaed to testify at a hearing on the state level -- petitioners who had been immunized against prosecution on the state level -- were indeed in contempt of court for refusing to testify on the grounds that doing so would provide self-incriminating evidence which could be used against them on the federal level.
Facts of the Case: The petitioners had been subpoenaed to testify during a hearing overseen by the Waterfront Commission of New York Harbor, one which focused on a work stoppage at the piers in Hoboken, New Jersey. Petitioners refused to answer several questions during this hearing on the grounds that doing so may tend…
References
Feldman v. United States, 322 U.S. 487 (1944)
Malloy v. Hogan, 378 U.S. 1 (1964)
Murphy v. Waterfront Commission, 378 U.S. 52 (1964)
U.S. Const. amend. V
Employee Layoff
A friend in California has just lost his job in a layoff together with 98 other employees in the same private sector company. The company's administrators have told him that he was included in the recent layoff because of his refusal to take a lie detector test regarding some drugs that were found in his company locker. He also declined to take a drug test since he was afraid that a positive result would make the state child protection agency to take away custody of his children. This situation is an example of a scenario with legal ramifications on the basis of several regulations such as Polygraph Protection Act, Worker Adjustment and etraining Notification Act, Privacy laws, Drug Testing laws, and OSHA.
Generally, the use of lie detector tests in the workplace is not geared towards determining whether an employee is telling the truth but to examine whether…
References:
"Employees' Rights in the Workplace." (1999). The Maryland State Bar Association, Inc.
Retrieved May 9, 2014, from http://www.msba.org/departments/commpubl/publications/brochures/workplace.asp
"Lie Detector Tests." (2008). Can My Boss Do That? Retrieved May 9, 2014, from http://www.canmybossdothat.com/category.php?id=269
Yachts Australia is a small size company owned and operated by a family, and offering charter yacht services in the heart of the Great Barrier eef; this is an easily navigable area, implying a reduced need for specialized skills.
Yachts Australia is currently being run by Alice and Paul, and it has been passed on by Paul's parents, who retired. After taking over the business, the young couple expanded its operations to complete more trips, to deliver more services -- such as catering while on the boat trip -- and they also increased the size of the YA fleet. Today, this is formed from 6 sailing yachts, 4 catamarans and 6 skippered touring boats.
In order to capitalize on the success the company was registering, Alice and Paul engaged in franchise operations, through which similar products are offered by partners along the coast. While the business model implemented generates positive…
References:
Boyes, W., Melvin, M.., 2011, Fundamentals of economics, 5th edition, Cengage Learning
Bragg, S.M., 2010, Accounting best practices, 6th edition, John Wiley and Sons
Murphy, D.J., Willmott, H., 2010, Organization theory and design, 10th edition, Cengage Learning EMEA
Information systems analysis and design -- Yachts Australia case study
Greyhound
Corporate Culture Problematic
Goals of the Business Unclear
Lack of Competitive Advantage
Integration of Businesses Ineffective
Responsive not Proactive Approach
Alternatives
Conduct Comprehensive Analysis on the Organization
Continue With Current Strategy
Separate Business Units
Decide on One Business Unit and Sell Off the Remainder
Move Into New Area
Scenarios
Implementation
This paper presents a study into Greyhound, a company that initially found success in the bus transportation industry but has since diversified into a wide range of industries. At the current time, Greyhound is encountering problems with the obvious symptoms being ineffective integration and management of diverse business units and a responsive instead of a proactive approach to changes in the environment. Behind these symptoms three base problems can be identified: a problematic corporate culture, unclear goals and a lack of competitive advantage.
After analyzing the problems, several alternative solutions and future scenarios, it is recommended that Greyhound conduct…
early retirement incentives as a downsizing strategy sUMMAY: This is a thesis that analyzes and studies the use of early retirement incentives as a downsizing strategy by organizations. It has 23 references in APA format.
Chapter I- Definition of the Problem
Definition of terms-alphabetical order
Chapter II- literature eview
Health and security
Tax deferral
Financial targeting
Institutional ationale
Employees Impacted
Chapter III- Methodology
19-Data collection
19-Data analysis
Chapter IV- Data analysis
21-Analysis relevant to research
25-Analysis relevant to research
26-Analysis relevant to research
Chapter 5- Summary, Conclusions, ecommendations
29-Summary
32-Conclusion
33-ecommendation
EFEENCES
Definition of the Problem
-Introduction
Over the last fifteen years organizations strived to renew their relationships with employees and at the same time tried to survive through economic downturn. In this renewal process these organizations have experienced multiple intricate processes like structuring, resourcing, forestalling decline in profits as well as incorporating new state policies. The struggle to survive…
REFERENCES
1. Author not available, [03-23-2002]. Britain: Early retirement? Don't even think about it; Older workers., The Economist, 27.
2. Author not available, [09-14-2000]. Social Security Reform-Implications For Private Pensions., Government Accounting Office Report.
3. Author not available, [2000]. "Working in Retirement: The Antecedents and Consequences of Bridge Employment." Academy of Management Journal.
4. Bass, S.A. And Quinn, J.F. [05-11-2000]. Help Wanted -- 65 and Up., The Washington Post, A35.
Christian Perspective
Discussion and Inference
Synthesis Paper
Comprehension about esearch
A key responsibility of the work of a professional researcher is that of publishing research results. esearchers' writings always serve as a store of knowledge for the writer, but researchers also pen their findings because their peers and readers expect a standard language, form and style when reviewing their work. While it can be hard for beginners to write in a clear scientific style, the skill is trainable and can be mastered with practice (Michael Derntl, 2014).
When doing case study research, as one looks at past studies and reports, the researcher gets a unique opportunity to explore and understand some of the most complicated issues in society from differing perspectives. This approach can be viewed as robust approach especially when in depth and holistic investigations are involved. Case study is appreciated in many fields as a critical tool to…
References
Kristina Olson, & C.A. Meyersburg. (2008). A Brief Guide to Writing the Psychology Paper. Harvard College Writing Center.
Jennifer Marie Mccarron. (2004). An Integration Of Biblical Principles In Counseling: Psychology Filtered Through Scripture. Honors Program Liberty University.
Kohlberg, L.. (1971). From is to ought: How to commit the naturalistic fallacy and get away with it in the study of moral development. New York: Academic Press.
Kohlberg's Theory of Moral Development: A Christian Apprisal. (2016, October 8). Retrieved from Reclaim The Mind: http://www.reclaimingthemind.org/papers/ets/2005/Moroney/Moroney.pdf
Amy's Story
As a family preservation worker, I have been sent to Amy's house because the social services agency has received police reports of abuse against Amy, and because there are two children in the family this is a legal cause for the visit. If an adult member of the family has reported abuse by another adult, it can be assumed that the children are not safe, or at least are vulnerable to potential abuse.
Summary of the Case. In arriving at Amy's house to interview Amy and the husband -- without the children present -- there is a noticeable tension in the house. Amy has bruises on her left arm and when I ask how she got the bruises, she explains that she is in a city recreational slow-pitch softball league and she was hit by a line drive. I ask what the name of the team is --…
Works Cited
Chapter 7. Protecting Children When Families Cannot / Child Abuse and Neglect.
Penn State Public Broadcasting (2001). Telling Amy. Retrieved June 24, 2013, from http://extmedia.kaplan.edu/artsSCi/Media/HN370/Amy_Story_Documentary/Documenta ry_43.html
Theoretical Strips
Tracy is a thirteen-year-old, Caucasian female, who is being raised by her mother, Melanie in Los Angeles. Also living in the home is Tracy's older brother Mason, who is fifteen. Tracy's parents are divorced, with Melanie as custodial parent. Tracy is in regular contact by telephone with her father, Travis, who is now remarried with a new baby. Travis is employed with a decent salary but has suffered periods of unemployment in the past; Melanie is a high-school dropout who receives child support but otherwise makes a basic subsistence income as a hairdresser for children and women, operating out of her own home. She is a recovering alcoholic who attends weekly A.A. meetings, but most of her social circle is from the recovery movement. For example, Melanie's boyfriend Brady, who is about ten years younger than Melanie but still substantially older than the children, also regularly stays at…
Works Cited
Bandura, A. (1994). Self-efficacy. In V.S. Ramachaudran (Ed.), Encyclopedia of human behavior (Vol. 4, pp. 71-81). New York: Academic Press.
Freud, S. (1963). The unconscious. Standard edition Vol. 14. London: Hogarth Press.
Gardner, S. (1991). The unconscious. In Neu, J. (Ed.) The Cambridge companion to Freud. Cambridge: Cambridge University Press.
Greene, R. (2008). General systems theory. In Greene, R. (Ed.) Human behavior theory and social work practice. New Brunswick, NJ: Transaction Publishers. 165-193.
Police eport
On the afternoon of February 8, 2007, I received a dispatch call on a potential homicide at 1100 SE Lynn Boulevard, Prineville, Oregon. This location is the local high school, named Crook County High School. The information given to me prior to my arrival at the scene is as follows:
Upon arrival to the scene, school security guard William Parkins and responding Officer Edward ichardson of Crook County Police department provided some information to me. Parkins provided to me the name of the victim, Marc Hollingsworth. Officer ichardson informed me that Hollingsworth's mother, Karen Lynn Griesel Hollingsworth, was already notified and currently en route to our location. Parkins then told me that student and girlfriend of the victim, Amber Johnson, had been the one to find Hollingsworth's body after seeing his red 2000 Ford F150 in the back row of the school parking lot. Soon before seeing him,…
References
Bend Bulletin. (2007, February 14). Marc Adam Hollingsworth. Retrieved January 19, 2011
from http://www.bendbulletin.com/apps/pbcs.dll/article?AID=/20070214/NEWS05/702140312/1010
Fisher, B. (2004). Techniques of crime scene investigation. Boca Raton, FL: CRC Press.
Saferstein, R. (2004). Criminalistics: An introduction to forensic science. Upper Saddle River,
school known as St. Martin de Porras. There were two portions to the case study…a part "A" and a part "B." The two parts were very much a "before" and "after" of a school that was in very rough shape and in every measurable way. This report will have a brief literature view, a methodology section, a study section and an analysis section. The literature review and methodology section are fairly self-explanatory. The study section asks the author of this report to identify the problems, goals and concerns of the stakeholders as well as the problems or critical issues that existed prior to the revolution that later occurred at the school. The analysis section asks the author of this report to compare the findings of the study to the findings in the literature review as well as some identification and analysis of alternative solutions. While some may shy away from…
References
Chiao-Ling, H., Shu Ching, Y. & An-Sing, C. (2015). The relationships among students'
achievement goals, willingness to report academic dishonestly and engaging in academic dishonesty. Social Behavior & Personality: An International
Journal, 43(1), 27-37. doi:10.2224/sbp.2015.43.1.27
Savage-Austin, A., & Honeycutt, A. (2015). Servant leadership: A phenomenological study of practices, experiences, organizational effectiveness and barriers.
Marie's adult son was murdered in a tragic accident in a foreign country while he was on vacation. The deceased allegedly consumed fruit from a poisonous tree. His mother, Marie, wants the remains to be brought back to the U.S. as well as samples of the fruit in order for an autopsy and tests to be conducted to identify the actual cause of the death. After completion of the tests and autopsy, Marie wants her son's remains to be cremated at a local funeral home. She also wants her son's prized possession, a laptop computer, to be cremated and everything placed in two titanium boxes her son created since he was a metallurgical engineer. Marie wants to mail one of these containers to a relative living near her son's favorite destination for trout fishing at a national park. She wants the relative to break the seal and disperse part of…
References
United States Government Publishing Office (2011, July 1). Code of Federal Regulations. Retrieved from United States Government Publishing Office website: https://www.gpo.gov/fdsys/pkg/CFR-2011-title36-vol1/xml/CFR-2011-title36-vol1-chapI.xml
Walston-Dunham, B. (2012). Introduction to law (6th ed.). Clifton Park, NY: Cengage Learning.
Therapy
Constructivist Perspective of Brief Therapy
Understanding the basis of theories and therapy is a necessary element of the therapist's trade. Without some knowledge of why certain therapies are practiced, or where they came from, it is difficult to develop a personal theory and a personal view of how to conduct therapy. Since one of the basic concepts presently is that of brief therapy, it is necessary to see how that concept was formulated by other concepts. Thus, this paper examines how constructivist perspectives underlie brief therapy. This paper also gives the author the opportunity to voice a personal statement about how these findings coincide with personal constructions of therapy.
Definitions
It is first necessary to understand the terms that are to be discussed. The two primary phrases to be discussed are constructivism and brief therapy. However, it is also necessary to grasp what brief therapies exist.
Constructivism
The definition…
References
Fritscher, L. (2009). Brief therapy. Retrieved from http://phobias.about.com/od/glossary/g/brieftherapydef.htm
Levenson, H., Speed, J., & Budman, S.H. (1995). Therapists' experience, training and skill in brief therapy: A bicoastal survey. American Journal of Psychotherapy, 49(1), 95-106.
Maturana, H.R. & Varela, F, J. (1998). The tree of knowledge: The biological roots of human understanding (Revised Edition). boston: Shambhala
Presbury, J.H., Echterling, L. G, & McKee, J.E. (2008). Beyond brief counseling and therapy: An integrative approach (2nd Ed.). New Jersey: Pearson/Merill Prentice-Hall.
Bhiwar Enterprises
Brief summary of the import facts
Currently, the enterprise in question is employing ineffective import techniques to maximize its potential within its current cultural context. Conflicts between family members inhabit the full and expeditious use of all of the assets of the company. Family connections, patronage, and internal loyalties determine who is promoted and who fulfills leadership positions, rather than actual merit. At present, there has been a resistance to changing the current management structure as well.
State the problems or questions concisely
At present, the importing problems are gripping Bhiwar Enterprises are not only those of goods traded, but a recently imported a new individual into the company's fold, namely one Pratap Bhiwar. This individual returned after one year in an MBA program in the United States. Understandably, Bhiwar was eager to apply the concepts he has learned to his family's business.
After all, this is why…
Steiney ichards, Petitioner v. Wisconsin
The Fourteenth Amendment to the Constitution prohibits police officers from conducting seizures and searches on a suspect's person or property, unless under the authorization of a judge. The case of ichards vs. Wisconsin brings into perspective the knock-and-announce rule of the Fourth Amendment.
Statement of the Case (adopted from LII, 2014; ACLU, 1997; Hall, 2014)
Police officers in Madison, Wisconsin, suspected Steiney ichards of drug dealing and requested authorization to search his motel room under a no-knock warrant. The judge, however, found the facts insufficient to justify a no-knock entry, and instead granted a conventional warrant requiring police to knock on ichard's door and announce their presence prior to resorting to forcible access. On arrival at ichard's motel room, one of the officers knocked and announced that he was an employee of the hotel. ichards opened the door, and on seeing a uniformed officer, slammed…
References
ACLU. (1997). ACLU Amicus Brief in Richards vs. Wisconsin. American Civil Liberties Union (ACLU). Retrieved 30th July 2014 from https://www.aclu.org/content/aclu-amicus-brief-richards-v-wisconsin
Hall, D.E. (2014). Criminal Law and Procedure (7th ed.). Stamford, CT: Cengage Learning.
LII. (2014). Richards vs. Wisconsin (96-5955), 520 U.S. 385 (1997). Cornell University Law School. Retrieved 29th July 2014 from http://www.law.cornell.edu/supct/html/96-5955.ZO.html
U.S. v. O'Hagan case
Facts
In the U.S. v. O'Hagan case, the defendant, James Herman O'Hagan, was a partner in a major Minneapolis firm, and was involved in a corporate acquisition as a representative of the acquiring corporation (Corley, et al., 2002). D allegedly used insider information to purchase stock before the details of the acquisition were made public.
History discovered in 1988 that Grand Met PLC, one of his clients, planned to acquire Pillsbury Company (Corley, et al.). D purchased Pillsbury stock and options to acquire Pillsbury stock. D made four million dollars when the acquisition was announced.
D's actions caught the attention of the plaintiff, the Securities Exchange Commission (SEC) and the local U.S. attorney. D was convicted of 57 counts of securities fraud, mail fraud and money laundering, and received a 41-month prison term.
This decision was based mainly on the "misappropriation theory," which prohibits using any…
Works Cited
Corley, R.N., Reed, O.L., Shedd, P.P., Morehead, J.W., The Legal & Regulatory Environment of Business, (2002) Irwin/McGraw-Hill.
Susan Marx is a 31-year-old, right-handed, Caucasian woman who has completed 12 years of education. She was referred for complaints of depressed mood for the past month. hen asked why she referred herself she responded, "I am very depressed and cannot motivate myself to do anything." She also reports experiencing feelings of extreme sadness, hopelessness, lack of appetite, difficulty sleeping at night, decreased energy, some suicidal thoughts, and feeling as if everything she does is of no consequence.
Presenting Problem
Marx reported that her depression began following being terminated from her position as a secretary for an attorney. She reported that she had a "romantic" affair with her employer, who decided to end the relationship and then terminated her. Since then she is quite depressed and does not have the energy to clean her apartment which is becoming quite messy. She sits on the couch and watches television all day…
We must also not think of Ms. Marx as simply a victim, but her pathology also is also one of manipulation. Often individuals with personality disorders maintain pathogenic belief systems are complicated and characterized by conflict and are seemingly inconsistent (McWilliams, 1999). In the case of the borderline patient it is often assumed that the core underlying belief system is one of being abandoned or unsupported. While this is often a central core belief of borderline patients, an often overlooked and competing belief is one of manipulation or "I can manipulate people into being there for me." These beliefs of being able to manipulate others are often, like the core fear of abandonment, not explicit beliefs, like " The world is round" but more implicit beliefs that a manifest in intrapersonal behavior. Thus, the borderline patient is often known for their tendency to play people against one another in order to get them to take sides. The motivation for this is always to get someone, usually an easy target, to side with them and buy into their pathology. In Ms. Marx case she appears to try to get men attached to her by using sex and this can be a powerful tool in keeping them close to her. These core conflicting beliefs, that one can manipulate others into siding with them and at the same time believing that others are unconcerned about them, must both be addressed in order for treatment to be successful.
Ms. Marx demonstrates the tendency of many borderline patients to experience a dilemma based on the aforementioned core beliefs, when they get close to a person they will often become very anxious and panic because of fears of control or being engulfed by another; however, when they feel separated from others they experience anxiety and panic because of fears of abandonment. This often leads to a series of brief and intense relationships wherein Ms. Marx does not feel comfortable being close or apart.
Another issue with borderline patients is often with identity integration; borderline patients are
Appellate Brief
Question Presented / Issue Statement
Appellant Mary Smith seeks review of the decision of the United States District Court for the District of Anytown, which granted judgment in favor of appellees, the United States Postal Service (U.S.P.S.) and Jim Bonilla, egional Supervisor of the U.S.P.S., on their motion to dismiss appellant's complaint for failure to exhaust administrative remedies in appellant's lawsuit for gender discrimination, hostile work environment, and constructive discharge in violation of Title VII of the Civil ights Act of 1964, 42 U.S.C. § 2000e et seq. (Title VII). The questions presented in that case was whether appellant provided sufficient facts to warrant tolling her claim under a theory of equitable estoppel or whether the Court should refuse to hear her claims because they were filed after the applicable tolling period. Specifically, these questions are:
Does the time limitation outlined in 29 C.F.. § 1614.105(a)(1) prevent Ms.…
Resources professional, Lehr, was very negative about the possibility of a favorable outcome for appellant. She repeatedly informed appellant that appellee Bonilla was well-liked by the people at the company and actively encouraged appellant to drop her complaint against appellee Bonilla. Moreover, Lehr was involved in a romantic relationship with appellee Bonilla, which was known to the appellant during the time of the investigation.
While it may seem egregious that appellee U.S.P.S. would allow a human resources professional who was engaged in a romantic relationship with an employee to conduct an investigation into that employee's behavior, the egregious nature of those allegations actually works against appellant's claim of equitable estoppel. If appellee Bonilla had engaged in a secret affair with Lehr, which appellant only uncovered after the limitations period had expired, then estoppel might apply to him. If appellee U.S.P.S. had been aware of the affair, but hidden it from appellant, then estoppel might apply to it. On the contrary, appellant's own allegations suggest that the romantic relationship between Lehr and appellee Bonilla was known during the course of the investigation. Therefore, the Court has to look at whether a reasonable person, under those same circumstances, would have believed that an investigation into appellee Bonilla would have resulted in a favorable outcome for appellant. Clearly, a reasonable person would have had, at the very least, grave misgivings about the outcome of such an investigation and would not have relied upon the fact that an investigation was occurring to prevent her from filing a discrimination claim.
The only other possible source of an estoppel claim is the fact that appellant met with a counselor who failed to file her employment discrimination claim against appellees. Perhaps the facts support a filing of a discrimination claim and the counselor's behavior was inappropriate. Moreover, it is possible that appellant believed that her discussion with the counselor would lead to a claim being filed within the statutory period, although her decision to delay speaking with a counselor until the statutory period had almost expired seems as if she was not protecting her rights. However, the question is whether the appellees engaged in behavior that would have prevented her from filing her claim. Even if the counselor's behavior kept appellant from filing a private lawsuit, there is no reason to believe that appellees were, in any way responsible for the counselor's behavior. They cannot be equitably estopped from bringing a statute of limitations defense by the behavior of a third party who was not under their control.
When examining equitable estoppel, it is also appropriate to look at laches. Laches is the "negligent and unintentional failure to protect one's rights." Elvis Presley Enter., v. Elvisly Yours, Inc., 936 F.2d 889, 894 (6th Cir. 1991). Laches has two elements. First, there must be an unreasonable delay in asserting one's rights and second, there must be prejudice to the defending parties. EEOC v. Watkins Motor Lines, Inc., 463 F.3d 436, 437 (6th Cir. 2006). The Court has specifically held that employers can use a laches defense when faced with discrimination claims; "in addition to other equitable defenses, therefore, an employer may raise a laches defense, which bars a plaintiff from maintaining a suit if he unreasonably delays in filing a suit and as a result harms the defendant." National R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 121-122.
Appellant would like to characterize her request for equitable estoppel in such a way that it appears that she is barred by just a few days from bringing her discrimination claim. In some ways this is true, but she also wants to allege a systemic pattern of discriminatory behavior by appellee Bonilla that goes back for years of employment. She failed to file her claim, either as a lawsuit or with the EEOC during that extended period of harassment. Moreover, she acknowledges that she was only transferred to appellee Bonilla's supervision after an unfavorable review when she was in another position. It certainly appears that her employment behavior for several years would be at issue in the lawsuit and that appellees would need to be able to provide substantiation of their claims about her behavior, particularly claims made in her employment evaluations, as part of their defense. The time delay in bringing suit would make this much more difficult for appellees.
History of Polio
Polio, also known as poliomyelitis, is a contagious viral illness that produces no symptoms in ninety-five percent of cases. While a plague to the human race for centuries, polio was never the devastating scourge that other diseases, such as bubonic plague and smallpox, were. Then, in the early 20th century, polio came into its own, and the largest outbreak of the disease ever seen began. It is from this large outbreak that our dread of polio largely comes from. From this outbreak, we have gotten the devastating images of children in wheelchairs and iron lungs, paralyzed from the ravages of polio, some never to walk again. And it is this outbreak of polio that led to the tremendous push from Western medicine to eradicate it once and for all.
While polio normally produces no symptoms, in the small percentage of cases that do produce symptoms, the disease…
Bibliography
Black, Katherine. (1996). In the Shadow of Polio: A Personal and Social
History. New York: Addison-Wesley.
James, Walene. (1995). Immunization: The Reality Behind the Myth.
New York: Bergin & Garvey.
Whole Foods Market
Significant key points
Key financial indicators
Graph of sales growth from year 2002 until 2011.
Opportunities
Threats
Strengths
Weakness
SWOT and TWOS analysis
TOWS Strategic Alternatives Matrix
Pros and Cons
Implementation
Evaluation and control
The Whole Foods Market is a progressive and focused corporation with presence in three developed markets including U.S., United Kingdom, and Canada. The company has achieved growth since its inception. The increasing market share of the company has enabled it to expand in international markets. The company envisions becoming global leader in organic and natural foods market. The competitors in the sector are large stores, supermarkets, and retail outlets with increased presence. The product range of these companies includes a number of related products along with the natural and organic foods.
The company requires maintaining its double digit growth strategy and aims to expand in global market. However the cost of natural and…
References:
Form 10-K. United States Securities and Exchange Commission, (2011). Form 10-k annual report pursuant to section 13 or 15(d) of the securities exchange act of 1934. Retrieved from Whole Foods Market website: http://www.wholefoodsmarket.com/sites/default/files/media/Global/Company Info/PDFs/2011_10K.pdf
Hitt, M.A., Ireland, R.D., & Hoskisson, R.E. (2012). Strategic Management Cases: Competitiveness and Globalization. USA: South-Western Pub.
Lederer, M., Schott, P., Huber, S., & Kurz, M. (2013). Strategic Business Process Analysis: A Procedure Model to Align Business Strategy with Business Process Analysis Methods. In S-BPM ONE-Running Processes (pp. 247-263). New York: Springer.
Ngai, E. (2009). RFID in operations and supply chain management: research and applications, edited by T. Blecker and GQ Huang.
Antwone Fisher Story
Antwone Fisher was a young black man with a disruptive family history. His emotional development was severely affected as he matured, which created situations and difficult choices for the first 25 years of his life. The middle child in a family of foster children, Antwone never knew his father, and was abandoned by his mother into the foster care system at the age of two. At the time he was given to the 'system' his mother was a prostitute, or at least a bar made who rarely stayed in an employed status for a long period of time. It could be assumed that she never returned for her first born son, to retrieve him from the foster care system because of her own unstable living conditions. As a result, Antwone became part of a religious, but abusive foster family where he endured the degradation of beatings, threats,…
Federal Express
One of the major segments of the wider postal and cargo industries is the small package express delivery sector or industry, which is an increasingly complex and competitive sector. The complexity and competitiveness of this industry requires the use of combating and strategic approach to enhance the profitability of the small package express delivery industry. The contemporary express delivery industry in America originated from Fred Smith's vision for the Federal Express Company that is commonly known as FedEx. FedEx has played an important role in the small package express delivery industry through the establishment of a system that contribute to the realization of next-day delivery of small package airfreight that weighs less than 70 lbs. The company has also been instrumental in the development of the use of standard packaging with a weight that exceeds 70 lbs. This role has contributed to FedEx's value creation, product differentiation, and…
References
Bate, J.D. & Johnston, R.E. (2013, March 13). Strategic Frontiers: The Starting Point for Innovative Growth. Insigniam Quarterly. Retrieved February 9, 2015, from http://insigniamquarterly.com/strategy/strategic-frontiers-the-starting-point-for-innovative-growth/
Beard, D.W. & Dess, G.G. (1981). Corporate-level Strategy, Business-level Strategy, and Firm
Performance. The Academy of Management Journal, 24, 663-688.
Hills, C. & Jones, G. (2013). Strategic management cases: an integrated approach. Mason, OH:
globalization and trade liberalization, more and more organizations are finding it easier to operate internationally. Success from such international operations does not, however, come easy -- organizations are forced to restructure their operations and redesign their products and services in such a way that they are able to respond to the needs of their increasingly diverse client base. People in different countries have different cultures, values, beliefs, customs, and habits. In order to thrive in foreign markets, organizations need to be aware of these differences, and to ensure that the same are effectively captured in their organizational structures and product designs. This appreciation for diversity within other cultures is referred to as 'worldliness', and is increasingly being adopted as a source of competitive advantage for businesses operating globally.
Wal-Mart, the world's largest retailer, is perhaps the best reflection of the concept of worldliness in management. Headquartered in Bentonville, Arkansas, Wal-Mart…
References
Changing Winds. (2011). The Five Minds of a Manager: Insights from Mintzberg and Gosling. Changing Winds. Retrieved 3 April 2015 from https://changingwinds.wordpress.com/2011/05/09/the-five-minds-of-a-manager-insights-from-mintzberg-and-gosling/
Gereffi, G. & Ong, R. (2007). Wal-Mart in China: Can the World's Largest Retailer Succeed in the World's Most Populous Country? Harvard Asia Pacific Review, 9(1), 46-49
McKinsey Consumer & Shopping Insights. (2012). Luxury without Borders: China's New Class of Shoppers Take on the World. McKinsey Consumer & Shopping Insights. Retrieved 6 April 2015 from https://solutions.mckinsey.com/insightschina/_SiteNote/WWW/GetFile.aspx?uri=%2Finsightschina%2Fdefault%2Fenus%2Fabout%2Four_publications%2FFiles%2Fwp2055036759%2FLuxury%20Without%20Borders%20China%E2%80%99s%20New%20Class%20of%20Shoppers%20Take%20on%20the%20World_fd6a761f-2b88-4e8f-a7cc-8afac03a88f1.pdf
Genetics
Case Study Part II: Genetics
Describe if chromosomal analysis is/was indicated.
Huntington disease, also known as HD [MIM 143100] is dominantly inherited gradually neurodegenerative disorder. It is caused by a mutation; which leads to the expansion of the CAG or polymorphic trinucleotide HTT tract. Normatively, the size of the control CAG among ordinary people should be between 17 and 20 repeats. In HD patients, 1-2 duplicate genes have an expanded GAC tract to at least 36 repeats (Kremer, et al., 1994).The polymorphic trinucleotide tract size can be uneven and is more likely to expand, especially if it is passed on by a male germline. At first, the new rate of mutation for Huntington disease was estimated to be extremely low. The illness only affected those families that had history with HD. Current estimates have discovered that the expansion of CAG into the illness range has become more rampant than…
Bibliography
Campo, A., Spiethoff, K., & Roos, R. (2012). The Patient Education Program for Huntington's Disease (PEP-HD). J Huntingtons Dis., 47-56.
Kremer, B., Goldberg, P., Andre, S., Theilmann, J., Telenius, H., Zeisler, J.,... Almqvist, E. (1994). A worldwide study of the Huntington's disease mutation. The sensitivity and specificity of measuring CAG repeats.. N. Engl. J. Med., 1401 -- 1406.
Losekoot, M., Belzen, M., Seneca, S., Stenhouse, S., & Barton, D. (2013). EMQN/CMGS best practice guidelines for the molecular genetic testing of Huntington disease. Eur J. Hum Genet., 480 -- 486.
Meiser, B., & Dunn, S. (2001). Psychological effect of genetic testing for Huntington's disease. West J. Med., 336 -- 340.
Case Facts: On July 26, 1985, police officers were called to the residence of Dorothy Jackson whose daughter, Gail Fischer, showed signs of having been battered. She stated that she had been beaten earlier that day by Edward Rodriguez who was sleeping in a nearby apartment. She referred to this nearby residence as "our apartment" and led these law enforcement officers to it and opened the door with her key. After police officers entered, she agreed to a search of the residence though these officers did not have a search warrant. Through the search, police officers found drug paraphernalia and containers that contained white powder, which was later proven to be cocaine. Consequently, these officers seized the drugs and the paraphernalia, arrested Rodriguez, and later charged him with possession of a controlled substance with intention to deliver. During trial at the Cook County Circuit Court, Rodriguez attempted to suppress seized…
37).
This approach is highly congruent with the guidance of marketing experts such as Wheaton (2004) who advises, "There are synergies between different lifestyle sports industries and their media. Corporations make equipment for several lifestyle sports, sometimes under different brand names. Clothing companies like Quiksilver sell to a range of lifestyle sport markets including skating, surfing, windsurfing, snowboarding and have been quick to exploit the potential of emergent and rapidly growing activities like kite-surfing" (2004, p. 10). Because the company also designs and manufactures the core sporting needs for these sporting enthusiasts, it is important to identify defining characteristics of this market. These sports are characterized by a number of features of interest to Quiksilver's and its competitors' marketers with respect to their various core product and accessory lines, including those set forth in Table 2 below.
Table 2
Defining features of the surf and sports industries
Feature
Description
Such…
References
'About Us.' (2012). Quiksilver, Inc. [online] available: www.quiksilver.com.
Chokkavelu, a. (2012, April 27). 'How Cheap Is Quiksilver's Stock by the Numbers?' the
Motley Fool. [online] available: http://www.fool.com/investing/general/2012/04/27/how-cheap-is-quiksilvers-stock-by-the-numbers.aspx .
Dowling, P.J. Liesch, P., Gray, S.J., & Hill, C.W.L. (2009). International Business: Asia-
market case analysis for Verizon FiOS TV offered by Verizon Communications. The analysis consists of product, pricing, promotional, and distribution strategies which Verizon Communications should follow in order to operate in the industry in the most competitive and profitable way. The analysis of industry and competition is also given as a part of marketing research strategy.
Verizon Communications is one of the leading communication services providers in the World. Its major products and services include Verizon FiOS TV, FiOS Internet, FiOS Digital Voice, set-top box, and receiver sets. This paper presents a marketing analysis for Verizon FiOS TV -- one of the most successful communication services offered by Verizon Communications in the United States and some other countries. Verizon FiOS TV is a high quality fiber optic cable network for home television entertainment. Verizon Communications offers its Verizon FiOS TV in all the major cities and towns of the United…
References
Kotler, P., Brown, L., Burton, S., Deans, K., & Armstrong, G. (2010). Marketing, (8th ed.). U.S.: Prentice-Hall
Kurtz, D.L., MacKenzie, H.F., & Snow, K. (2010). Contemporary Marketing, (2nd ed.). Toronto: Nelson Education
Lamb, C., Hair, J., & McDaniel, C. (2012). Essentials of Marketing, (7th ed.). Ohio: South-Western Cengage Learning.
Lancaster, G., & Withey, F. (2007). Marketing Fundamentals, (2nd ed.). U.K: Butterworth-Heinemann
Labor and Union Case Study
The objective of this work in writing is to conduct a case study on labor and unions and to answer the questions of: (1) Is the grievance process an effective method for resolving workplace disputes? And (2) How would you suggest that unions and employers improve their ability to correctly interpret the collective agreement?
In the case study at focus, several employees have a discussion, which results in an altercation, and two employees are fired as a result. The employees were then advised that they could file a grievance. One of the employees, named Green met in the cafeteria with a representative of the Grievance Committee and related her side of the story and believed that by meeting with the Grievance Committee member that she had filed an official grievance. One week later the other employee, Swallows, was reinstated. When Green inquired about the grievance,…
Bibliography
Borrell, Charles A. (2006) How Unions Can Improve Their Success Rate in Labor Arbitration. All Business. Dispute Resolution Journal Feb-Apr 2006. Retrieved from: http://www.allbusiness.com/human-resources/workforce-management-hiring-recruiting/4081239-1.html
Travis, Mark C. (nd) Improving the Grievance Process: Grievance Mediation As An Alternative to Arbitration. Retrieved from: http://www.adrspecialists.com/docs/IMPROVING%20THE%20GRIEVANCE%20PROCESS%20-%20Grievance%20Mediation%20(IIRHRC).pdf
Nursing Case Study
Managing a possible Case of Gastroenteritis: A Nursing Case Study
The effective delivery of optimal nursing care requires a comprehensive treatment plan that addresses both the patient's symptoms and the security of the immediate environment. This report presents a case study of appropriate evidence-based nursing practices in treating an elderly female patient presenting with abdominal discomfort in a residential care setting.
The client presents with new onset faecal incontinence, diarrhoea and increasing abdominal discomfort and cramps. These symptoms suggest a possible gastrointestinal disturbance (Crisp & Taylor, 2009) and present a number of possible diagnoses. While the client's nursing care plan indicates that she is normally continent, her confidential disclosure to the nurse suggests that her symptoms may be more prolonged. Another relevant client characteristic is her advanced age of 85 years.
The client's proximity to the dirty utility room in the aged care facility and the report…
References:
1. Crisp J, Taylor C. (2010). Potter & Perry's fundaments of nursing (3rd ed.). Chatswood, N.S.W.: Elsevier, Australia.
2. Kirk MD, Hall GV, Veitch MGK, Becker N. (2010). Assessing the ?incidence of gastroenteritis among elderly people living in long-term care facilities. Journal of Hospital Infection, 76, 12.
3. Australian Government: Department of Health and Ageing. (2007). Retrieved from- http://www.health.gov.au/internet/main/publishing.nsf/content/icg-guidelinesindex.htm .
4. Andrew E, Simor MVD. (2010). Diagnosis, Management, and Prevention of Clostridium difficile Infection in Long-Term Care Facilities: A Review. The-Americans Geriatric Societ, 58(8), 1557-1593.
Ethics Case Study: Medical Law and Ethics
Jerry McCall is Dr. William's office assistant. He has received professional training as both a medical assistant and an LPN. He is handling all of the phone calls at the office while the receptionist is at lunch. During this period of time, a patient calls and says he must have a prescription refill for Valium, an antidepressant medication, called in right away to his pharmacy, since he is leaving for the airport in thirty minutes. The patient notes that Dr. Williams is a personal friend and always gives him a small supply of Valium when he has to fly. No one except Jerry is in the office at this time.
Does Jerry's Medical Training Qualify Him to efill the Order?
While Jerry's medical training qualifies him to receive a prescription order and transcribe it accurately for other nurses or physicians to implement or…
References
Lloyd, H. (2010). Workers' compensation: a brief history. Florida Department of Financial Services. Web. Retrieved from: http://www.myfloridacfo.com/wc/history.html on 1 November 2011.
Minnesota Board of Nursing. (2010). Nurses and prescribing. Web. Retrieved from:
http://www.state.mn.us/mn/externalDocs/Nursing/NURSES_AND_PRESCRIBING_090904125323_Prescribing%20FAQ2.pdf on 1 November 2011.
Nowicki, M. And Summers, J. (2004). Reducing your credibility liability. Healthcare Financial Management, 58.4: pp. 94-97. Web. Retrieved from: ProQuest Database.
In relationship of his reading comprehension -- Manuel knows how to read at grade level. He really does get the plain indication and can figure out the connotation of a lot of words in the course of context clues. He can effortlessly recapitulate what he has just read and grabbed some of the main ideas as well as extrapolations. His writing needs a lot of work. A lot of the time he leaves out things like prepositions and over uses the imperative regarding creating the words so that they could be plural. For instance -- take the word "children." Manuel will normally just adds an "s" on it so that it can be plural. During other times he does not make certain terms plural. Homonyms are a big issue for Manuel. His language appears to emphasis needs to be on structuring a basis of appropriate sentence structure and sentence syntax.…
Works Cited
Belland, B.G. (2008). A scaffolding framework to support the construction of evidence-based arguments among middle school students. Education Tech Research Dev., 21(9), 79-89.
Bodrova, E. & . (1998). Scaffolding emergent writing in the zone of proximal development. Literacy Teaching and Learning, 21(8), 1-18.
Clay, M.M. (2005, June 6). Literacy lessons designed for individuals: Teaching procedures. NH: Heinemann. Atlanta, Georgia.
Rodgers, E.M. (2004). Interactions that scaffold reading performance. Journal of Literacy Research, 12(7), 23-67.
Traffic Stop Case
Did Officer Smith have reasonable suspicion to make the initial stop of this vehicle?
As we examine this case and more confrontational moments occur between the officer and the suspect, all events remain in question largely on the basis of this initial question. This is because ultimately, it was revealed by due process that the basic cause for the traffic stop was a suspected broken taillight which was ultimately in proper working order. This denotes that probable cause may not have existed to justify the encounter between the officer and the suspect. That said, 'probable cause' is a higher standard than that required for a routine traffic stop absent the intent for a search of the suspect or vehicle. Here, reasonable suspicion is sufficient, though given the working condition of the taillight, it is not certain that this necessary existed either. According to Tennessee v Brother (2010),…
Works Cited:
Baker Associates (BA). (2010). State Supreme Court to Look at Traffic Stop Issue. Tennessee Criminal Lawyer Blog.
Flex Your Rights. (2010). Stop & Frisk: Terry v. Ohio. Flexyourrights.org.
Stuckey, G., Roberson, C., & Wallace, H. (2006). Procedures in the justice system (8th ed.). Upper Saddle River, NJ: Pearson/Prentice Hall.
Blue idge Coffee Case Study
Sales Strategy for the Flavored Coffee
Following the introduction of the new flavored coffee, there is need for coming up with a sales strategy for increasing the sales of the new product. The strategy gives details on how the product will reach the customers, and in the end, making them aware of the difference between the new product-line with the other products from the company. These strategies are necessary for improving the total company sales, consequently increasing the profitability of the company. The strategy is also necessary for the coming up with sales activities that position the flavored coffee to a state where it can gain a competitive advantage in the market. The most appropriate sales strategy of choice for meeting the sales objective of the company is the triple-tiered sales strategy (Frain, 2009).
Justification of the recommendation
The strategy is necessary for the establishment…
References
Avila, R.A., LaForge, R.W., Ingram, T.N., Schwepker, C.E., & Williams, M. (2010). Sell.
United States.
Finnegan, D., & Willcocks, L. (2007). Implementing CRM: From technology to knowledge.
Hoboken, N.J: John Wiley & Sons.
John George Haigh Case
George Haigh Case
The John George Haigh case was yet another death investigation case that set a major benchmark in the history of death investigations and its implications in the death investigation and subsequent criminal trial world still resonate to this very day. This is true for a number of reasons and some of the less obvious reasons will be analyzed and discussed in this brief treatise.
The one obvious thing that this case changed was that a body is not necessary to convict a criminal and this is even true when speaking of crimes like murder and/or serial killings like those committed by Haigh. Despite the bodies being disposed of, the mountain of forensic evidence that implicated Haigh was substantial and even if that were not the case, the circumstantial evidence that pointed to Haigh was also quite damning, which is something that is potentially…
References
Ball, J. (2013, September 5). Revealed: how U.S. And UK spy agencies defeat internet privacy and security | World news | Guardian Weekly . Latest news, world news, sport and comment from the Guardian | theguardian.com | The Guardian .
Retrieved September 14, 2013, from http://www.theguardian.com/world/2013/
sep/05/nsa-gchq-encryption-codes-security
MurderPedia.org. (2013, September 14). Scott Lee Peterson | Murderpedia, the encyclopedia of murderers. Murderpedia, the encyclopedia of murderers.
Pepsi Problem
In this case, Pepsi is under scrutiny because of some allegations that an ad campaign of their brand Mountain Dew were offensive. An aggressive marketing agent for Mountain Dew had recently created a unique ad campaign that may have used some urban or racial themes in the context of the commercial. The commercials may depict violence and crime within the black community if interpreted in that manner. As a result of this maneuver, the impossibly to define " racial argument " was suggested by a professor who was eager to demonstrate his personal lines of decency in an overtly political matter. Despite the ridiculousness of the accusations, it appears that Pepsi Co. may need to react to this recent charge: that unless reparations are made regarding a Mountain Dew commercial depicting a fictitious goat, millions of dollars are at risk due to a negative public relations campaign against…
AVON Case Study
Overview of Avon
Situation Leading Avon towards Change
Model for Change Theory in Avon
Types of Evaluation Information and Benefits to the Avon
Success of Change in Next Five Years
Avon is found to experience different issues causing changes in its brand and product lines. It reflected the positive net sales and earnings growth for past five years in single, which were observed to be declining every year afterwards. There are specific challenging areas, which are stagnated sales, slow earnings growth, limited distribution capabilities, and shift in personal care preferences along with the spending habits. The considered organization did not have a transparent strategic vision and the employees had no sense of organizational purpose and motivation in the absence of the vision for the organization due to which the image of the Avon became the failure.
Situation Leading Avon towards Change
Many consumers responded that products of…
Goldsmith, M., & Carter, L. (2010). Best practices in talent management: How the world's leading corporations manage, develop, and retain top talent. San Francisco: Pfeiffer.
Miller, K. (2009). Organizational communication: approaches and processes. Cengage Learning.
Rowland, D., & Higgs, M. (2009). Sustaining Change: Leadership That Works. New York: John Wiley & Sons.
CUBAN CASE STUDY Mrs. Demetilla Hernandez a 63-year- Cuban woman seeks consultation Liberty health-maintenance organization (HMO) clinic weakness, lethargy, fatigue experienced 2 months. A week ago, cooking dinner daughter, Mariana's house, momentarily lost balance slipped kitchen floor.
CUBAN CASE STUDY
As a health-care provider, what are the typical Cuban communication patterns you need to be aware of in dealing with Mrs. Hernandez?
Latino families are often multigenerational in their composition. As the grandmother, Mrs. Hernandez assumes control over the family meals. This is a very important part of her identity. ather than communicating directly, food is love and emotions and feelings are communicated through food.
Q2. Describe the traditional Cuban food patterns. How would you assist Mrs. Hernandez
in developing a plan for a 1500-calorie diet and regular exercise?
People who have grown up in poor, food-insecure settings often develop patterns of eating high-calorie, high-carbohydrate comfort foods and many Latino…
References
Ortiz, B. (et al. 2007). Complementary and alternative medicine use among Hispanics in the United States. The Annals of Pharmacotherapy, 41(6):994-1004.
Dura-Vila, Gloria, and Matthew Hodes. (2011). Cross-cultural study of idioms of distress among
Spanish nationals and Hispanic-American migrants: susto, nervios and ataque de nervios. Social Psychiatry and Psychiatric Epidemiology, 1-11. Retrieved: http://www-ncbi-nlm-gov.proxy1.cl.msu.edu/pubmed/22270268 .
Crisis
Case Study 2 is about Mr. Jones, the "fragile adult." ecently, a neighbor has brought attention to a case involving Mr. Jones and has asked for a crisis worker to help. Mr. Jones is an elder who lives alone, but whose son has been seen occasionally visiting. The neighbor and Mr. Jones go have coffee together regularly, but Mr. Jones has not wanted to meet in two months and no longer invites the neighbor inside the house. The neighbor claims that there are new bruises on Mr. Jones's face. The crisis worker should employ the ABC model in this case.
The ABC method of crisis intervention is a three-stage process for a brief and focused procedure. Although there are three distinct steps, the text points out that it is sometimes necessary to use the interview components of each step at any time in order to achieve goals (p. 2).…
Reference
"Chapter 5: The ABC Model of Crisis Intervention." Word Document.
These core competencies are the focus of the recommendations given to McDonald's for the resolution of the described problems. By striving to improve their core competencies, McDonald's will be able to improve the customer service they offer to customers considerably as well as to satisfy their customers better Hammer & Stanton, 1999()
Improving production consistency
The big secret behind the success of McDonald's is that the company has long strived to embrace innovation and striving to achieve consistency in the operations of its outlets. Since the "Made for you" production process has been tested and assured to be a workable process for McDonald's this should be implemented on a storewide basis despite the huge upfront expenses to be incurred by the company. These upfront expenses will be compensated by the huge returns and improvements in quality of customer service that come from the company's use of this new production system…
References
Hall, G., Rosenthal, J., & Wade, J. (1993). How to make reengineering really work. Harvard Business Review, November-December, 119-131.
Hammer, M., & Stanton, S. (1999). How process enterprises really work. Harvard Business Review, November-December, 108-120.
Prahalad, C.K., & Hamel, G. (1990). The core competence of the corporation. Harvard Business Review, 79-91.
Stalk, G., Evans, P., & Shulman, L.E. (1992). Competing on capabilities: The new rules of corporate strategy. Harvard Business Review, March-April, 57-69.
As Sir Anthony O'eilly, Chairman of Waterford Wedgwood, noted in a recent speech that they are operating against a "backdrop of unprecedented broad-based economic uncertainty."
This economic uncertainty has had a global impact. From the high rates of business bankruptcies in the United States, to the financial collapse of one of the previously richest countries in the world -- Iceland, to the 11.2 million percent inflation rate of Zimbabwe, no corner of the globe is untouched by the massive liquidation cycle in which the global economy appears to be.
Consumer confidence has declined. Banks have lost faith in one another. Currencies around the world, such as the American dollar, weakened considerably.
And, despite Waterford Wedgwood's more than two hundred years of setting industry standards, the organization must now operate in an economic environment that appears to work directly against their primary products -- luxury lifestyle items.
Yet, despite these trying…
References
About the company. (2009). Retrieved June 9, 2009, from http://www.royaldoulton.com/U.S./_Help_Information/CompanyInformation/AbouttheCompany .
Corporate profile. (2009). Retrieved June 9, 2009, from http://www.waterfordwedgewood.com/investor_corpProfile1.asp .
Goldhorn, M. (Jan/Feb 2009). Market turmoil require new ways to build capital. The Value Examiner. pp. 23-30.
History of Wedgwood. (2009). Retrieved June 9, 2009, from http://www.wedgwoodusa.com/about/history.asp .
9). Moreover, the two parties know if they do not initially reach a deal, the same person will be arbitrator and force a decision upon them -- hence there is incentive for the parties to reach an accord prior to the dispute going into arbitration.
Meanwhile, the Arb-Med hybrid process begins with arbitration; when the arbitrator reaches a decision, he or she places the award in a "sealed envelope" (Cooley, et al., 2003, p. 7.13). Then, the parties, prior to looking at the sealed envelope, can negotiate their own solution using the arbitrator as mediator. If parties don't reach an agreement, they then open the sealed envelope and see what fate awaits them based on the arbitrator's decision (Cooley, p. 7.13).
Conclusion
There are a number of fair and sensible solutions to disputes such as the Greens and ilsons are involved with, and it behooves neighbors -- and others that…
Works Cited
American Bar Association. (2006). What You Need to Know about Dispute Resolution: The
Guide to Dispute Resolution Processes. Retrieved May 6, 2011, from http://www.abanet.org/dispute .
Carrell, Michael R, and Heavrin, Christina. (2008). Negotiating Essentials: Theory, Skills, and Practices. New York: Pearson/Prentice Hall.
Cooley, John W., and Lubet, Steven. (2003). Arbitration Advocacy. Boulder, CO: National