Thursday, August 22, 2019
Education in the United States Essay Example for Free
Education in the United States Essay Education in the United States of America is governed by the Department of Education. There are three different levels of control and funding for public education: federal, state, and local. In the United States school is mandatory from Kindergarten through High School, consisting of thirteen different grade levels. Students can obtain an education by attending a public school, a private school, or a home school. In order to ensure that all students obtain the academic knowledge needed to progress through the grade levels, standardized tests are given regardless of where a student obtains an education (United States Department of Education, 2005). Education in the United States is governed and funded mainly by local jurisdictions, with the state and federal governments supervising educational activities and ensuring that all local jurisdictions are administering standardized tests and obtaining the funding needed to operate adequate educational facilities. The Tenth Amendment to the United States Constitution states that all powers that are not assigned to the federal government by the United States Constitution are reserved to the people or the individual states. As per the Tenth Amendment, the individual states control public education. Most states are divided into local jurisdictions that have elected school boards that oversee the individual school districts within its jurisdiction. The local school districts own and operate the public schools within its boundaries and are responsible for obtaining funding for each of the public schools they control (United States Constitution, Tenth Amendment, 1787). The majority of the funding for public education in the United States is obtained from local taxes and state governments. The federal government only provides 8. 5% of the funds for public education (National Center for Education Statistics, 2008). There has been some controversy over the No Child Left Behind Act passed in 2001 which allows the federal government to withhold funding if a state or local school district is not complying with the standards set forth in the No Child Left Behind Act. However, the funding withheld for non-compliance is not a significant amount (No Child Left Behind Act, 2001). There is a larger controversy over the local school districts obtaining funding primarily from local taxes. Local jurisdictions can impose many different types of taxes on its citizens. In the commonwealth of Massachusetts there has been controversy over the imposition of excise taxes and corporate taxes. Excise taxes are taxes that are not property taxes or taxes that are imposed based on statutory law. Corporate taxes are imposed on corporations within a certain jurisdiction that are paid to the local government. These taxes are in addition to any federal or state taxes that the corporation is responsible for. Businesses in the commonwealth of Massachusetts are required to pay quarterly excise taxes on an accelerated basis due 15 days prior to the end of each quarter. The first quarter payment is 40% of the required annual excise tax, the second and third payments are 25% each, and the fourth payment is 10% of the excise tax. The minimum amount of corporate excise tax required of all corporations operating within the commonwealth of Massachusetts is $456 per year regardless of whether or not the corporation made a profit that year (The National Federation of Independent Business, 2007). Chapter 70 Part 1, Title XII, Chapter 70 of the General Laws of Massachusetts regulates the financial disbursements awarded to each public school district throughout the commonwealth. The legislative intent of Chapter 70 is to assure fair and adequate minimum per student funding for public schools in the commonwealth by defining a foundation budget and a standard of local funding effort applicable to every city and town in the commonwealth (Chapter 70). Chapter 70 sets up rules on how to allocate the money. These rules set standards on how the money will be distributed if it is below a base amount or higher than a base amount. For example, in Section 13, Part B, the law states that ââ¬Å"if the amount appropriated is more than the base amount, funds shall first be allocated to ensure that the state school aid for each municipality equals the base amountâ⬠(Chapter 70). This part tries to ensure that an equal distribution is set to each school. Although this is only occurs when more money is available, it still sets the standard that each school will at least get its base amount before other funds are distributed. In the event that there are not enough funds to cover the base, a formula has been established to attempt to make the distribution fair. The amount is reduced by a constant amount per student. The rate is found by the difference between the base amount and the actual amount divided by the total enrollment of the state (Chapter 70). Cambridge, Massachusetts Cambridge, Massachusetts is a city right outside Boston, Massachusetts. Cambridge is famous for its two prominent universities: Harvard University and the Massachusetts Institute of Technology. The public school system in Cambridge is controlled by the Cambridge Public School District which consists of twelve elementary schools, of which eleven extend through eighth grade. There is only one high school in the Cambridge Public School District, Cambridge Rindge and Latin School. The Cambridge Public School District educates over 5,500 students every year with a project enrollment of 5,790 students for the 2008-2009 school year. The Cambridge Public School District has a proposed budget of $130,704,170. 00 for the 2008-2009 school year. This proposed budget has increased 2. 36% from the previous year. 75% of this proposed budget will be allocated to the individual schools within the district. The remaining 25% of this budget will be spent on administrative costs such as maintenance and security. The Cambridge Public School District is funded through a variety of sources in addition to local taxes. The Cambridge Public School District receives funds from thirteen federal grants awarded by the commonwealth of Massachusetts, eleven private grants, eleven revolving funds, ten state grants, two district federal grants, and one state-circuit breaker reimbursement. These grants account for $13,714,499 of the total funds needed to operate the schools within the Cambridge Public School District. The Cambridge Public School District also receives an average of $1,076 per student from Chapter 70 financial aid each year (Action Public Schools, 2006). Newton, Massachusetts Newton, Massachusetts is a suburb of Boston that consists of thirteen small villages. The Newton Public School District controls the fifteen elementary schools, four middle schools, and two high schools that are located in Newton, Massachusetts. The Newton Public School District educates an average of over 11,000 students each year throughout its twenty two public schools (Newton Public School District, 2008). The Newton Public School District has a proposed budget of $171,377,580 for the 2008-2009 school year. This proposed budget has increased 10. 5% from the previous year. According to this budget, the Newton Public School District spends $14,743 per student every year (Newton Public School District, 2008). The Newton Public School District is funded through a variety of sources in addition to local taxes. The Newton Public School District receives 55% of the revenue generated by the City of Newton. The Newton Public School District also receives over $8. 6 million dollars from federal, state, and private grants. Over $3 million dollars of the Newton Public School District budget is received from a program called Circuit Breaker which allocates special funds to school districts for additional special education courses. Federal, state, and private grants and the Circuit Breaker program account for almost $12 million dollars of the annual budget (Newton Public School District, 2006). The Newton Public School District also receives an average of $846 per student from Chapter 70 financial aid each year (Action Public Schools, 2006). Conclusions Allocating funds for public education in the United States is a complex process. Wealth and more funds do not necessarily lead to greater achievement by the students enrolled in the school district. Federal, state, and local jurisdictions must determine the most beneficial methods for allocating the educational funds available. These allocations are not equal and usually result in the more industrious neighborhoods receiving less funding from these sources, and incurring higher corporate taxes. The Newton Public School District receives less funding from external sources, and its businesses pay more corporate taxes. The allocated budget in the Newton Public School District is higher than the budget in Cambridge due to the fact that although the populations are similar, Newton operates twice as many educational facilities. . The Newton Public School District does not need the extra funds from external sources in order to reach its budget. Although the dollar amounts indicate an unfair advantage for the residents of Cambridge, both school districts are able to meet their budgets and educate their students adequately. Although the corporate tax system and excise tax system in Massachusetts may seem unfair to its businesses and residents, the public school districts within Massachusetts (including Newton and Cambridge) are able to meet the budget requirements due to the Chapter 70 allocations. The purpose of Chapter 70 is to create equality amongst the school districts and ensure that the cities that receive less corporate and excise tax are still able to operate successful public school districts so that every child within the commonwealth of Massachusetts has the opportunity to receive a quality education. REFERENCES The United States Census Bureau (2006). American FactFinder. Retrieved April 1, 2008 from http://factfinder. census. gov/ Action Public Schools (2006). Chapter 70 Aid Per Student High to Low. Retrieved April 1, 2008 from http://ab. mec. edu/about/Chapter70Aid/CH70PerStudentFY06. pdf Newton, Massachusetts (2008). 2008 Property Tax Rates. Retrieved April 1, 2008 from http://www. ci. newton. ma. us/Assessor/taxrate. htm Cambridge Massachusetts (2008). 2008 Property tax Rates. Retrieved April 1, 2008 from http://www. cambridgema. gov/CityOfCambridge_Content/documents/FY2008_Property_Tax_Update_Newsletter. pdf Newton Public School District (2008). General Information. Retrieved April 1, 2008 from http://www. newton. k12. ma. us Cambridge Public School District (2008). General Information. Retrieved April 1, 2008 from http://www. cpsd. us/index. cfm
Wednesday, August 21, 2019
Fonterra Current Organizational Restructuring Marketing Essay
Fonterra Current Organizational Restructuring Marketing Essay This Report has been designed to identify the Fonterra current organizational restructuring which could be applied to help the organisation to take advantage of strategic opportunities in the global market. The first part of industrial environment deals with the firms relation with consumers, suppliers and the competitors operating environment and to develop strategies the firm most favorably in relation to competition and influence industry structure in order to enhance industry attractiveness. (Robert M. Grant, 7th edition, p12 p.64) The Second part of environment covers Fonterras stated mission, vision, targets, strategies, goals, objectives and values, structure and the systems. The suitability of these strategies to the operating firm environment are then evaluated and the change of strategy development is recommended. (Robert et.al, p.12) The report also indulges with the micro and macro environmental, present structure and evolution of Fonterra, key strategic issues. It also contain SWOT analysis and other factors faced by Fonterra. Overview Fonterra at glance Fonterra is a dairy company, which was formed in October 2001, and since than it has an excelled and enlarged the milk processing and at present became the fourth largest dairy company in the world. The annual turnover of Fonterras is NZ$16 billion, with a milk production in of 14.76 billion litres in New Zealand. They have built very powerful relation with the other dairy companies globally and hence partnerships extent the world. Fonterra believes in the interest of people so that they can increase their global market. (Fonterra Co-operative Group, 2010) Fonterra is the global massive diary exporter with 11,000 farmers which also act as a shareholder of the company. With its 15,600 employees which help to supply milk and process milk into the dairy products. 95% of dairy products are made in New Zealand are exported to virtually 140 countries in world. Main hubs of Fonterra are located in Auckland, Melbourne, Chicago, Singapore, Amsterdam, Tokyo, Shangai and Sao Paulo. All the sales and marketing is operate and managed by this principal hubs.14.76 billion litres of milk is collected every year. (Fonterra Co-operative group, 2011) Fonterras strategy is to lead in dairy. The management team of Fonterra is as following Theo Spearings Chief Executive Officer Jonathan Mason Chief Financial Officer Maury Leyland Group General Manager Strategy Paul Campbell Group General Manager Mergers and Acquisitions Ian Palliser Group Optimisation and Supply Chain Todd Muller Managing Director Co-Operative Affairs Gary Romano Managing director New Zealand Milk John Doumani Managing Director Fonterra Australia Mark Wilson Managing Director ASEAN/Middle East/North Africa Kelvin Wickham Managing Director China/India Alex Turnbull Managing Director Latin America Sarah Kennedy Managing director Fonterra Nutrition Chris Caldwell Managing director (people, culture services) Following are product list which Fonterra create: cheese, yoghurts, cultured foods, butter, liquid, powdered milks. Following below are brand list under Fonterra: ANCHOR, ANLENE, ANMUM, FRESH N FRUITY, MAINLAND, CAPITY, BROWNES, SOPROLE, WESTERN STAR, PERFECT ITALIANO, TIP TOP AND CHESDALE. (Fonterra Co-operative group, 2010) 1.2 Reports Structure and Objectives The report targeted at bringing out the main objectives the vision and developing a strategic plan for company. The Report has been conceptualized to determine the current organizational structure could be implementing to help Fonterra to take strategic opportunities advantage in the global market. Specifically, uttering the dependency on consumer markets and apprehending knowledge as a means to go after value added growth and development through Fonterras alliance and brands. Strategically Fundamentals 2.1 The Industry Strategically Environment Dairy for years have been the key industry in New Zealand. The maiden of dairy company begin in 1871 at Otago. By 1920, 85% of dairy plants were owned by individual or co-operatives and there were about 600 processing factories. By 1930s the number dip to almost 500 co-operatives but after World War 2 there was a lot change in these dairy factories in terms of transportation, technologies and working systems which bought a change in the system of working and then the dairy co-operatives started unite with the other manufacturing companies or plants and since then it became stronger and lesser in number. By the end of 1990s, the four major dairy companies: The Waikato (New Zealand Dairy Group) The Taranaki (Kiwi Co-operative Dairies) Westland Milk Products Tatua Co-operative Dairy Company With the merger of the two biggest companies, New Zealand Dairy Group and Kiwi Co-operative Dairies, Fonterra was come into market along with the New Zealand Dairy Board. Fonterra works on four sales path which all together sells some around 2.3 million MT of product. The channels are as below:- Fonterra Global Trade This is worlds prime online trading pathway through which NZ$1 billion goods were supplied. It included with many dairy commodities like butter, milk, cheese and powder to reach in the markets of Middle East, Asia, America, Africa and Oceania. Fonterra Ingredients this is a specialized channel made for providing the dairy ingredients to manufacturers of four major countries which are US, Korea, China and Western Europe. Fonterra Brands The top brands of Fonterra like Tip Top and Anchor fulfil the needs of consumers in around 40 countries in the world. Fonterra Foodservices Supply dairy ingredients to major customers of fast food chains, hotels, airline catering and restaurants. SWOT Analysis Strength: High quality milk and fast production A calculated business model. Strong world-wide reach. Established relationships with customers. Strong market position Strong consumer positions in many markets. Fanlike product portfolio. Efficient and developed farms.( Fonterra Co-operative Group, 2012) Weakness: Leadership variability affecting the structure of the organizations. New board member. Largest markets are underrepresented in strategic Association of Professionals (Apex) Business structure relating to redemption risk, farmer choice, and capital for growth. (Keith Woodford,2008) Opportunities: Investing in underdeveloped countries which are experiencing rapid growth globally.( Country wide and Fonterra co-operative Group,2012) More demand as compared to supply. India and China alone can have demand for about 50% growth in next 10 years so market is expending. Demand for almost 100 billion litres by 2020. Awareness of good quality product in many countries. Threats: Global demand exceeds the supply New Zealands market restrictions structure and relative low cost may attract the new entrants in the market. Threats from the increasing global competitors. Few organizations can rival the diverse skills found in the business.(Kate Askew, 2012) Flying global Fonterra manufacture the products and distribute and sell ready to use goods all around the world, by which the brand gives a local touch and knowledge. Fonterra aim a close relation with the customers demand and there changes in lifestyles, taste, eating and needs which vary from one market to other market. For example the taste and preference of Asian customers might not be the same as of African and American customers. Hence to meet the customer needs there is a group of local teams knowing the local consumers preferences and habits. (Fonterra Co-operative Group, 2010) The new or existing suppliers of Fonterra : Growth Supply Contract Fonterra provides an opportunity to new supplier to come in and take part in production of goods in organisation which help Fonterra in increase in the milk production by new entrants and existing contracts suppliers. Deposit for new supply The new suppliers dont need to give their deposit 3 months before in Fonterra a new supplier can start by 100% of shares purchased. Owning shares A new suppliers can grow their share capital by growing the supply with sharemilker and can hold their own shares. Maximizing the earnings of the supplier Here at Fonterra a supplier can earn a more profit then its standard payment on supply of milk. Conditions for new land There is a open relation with Fonterra area manager to discuss upon new dairy land. 2.2 The Firm Environment Vision, Strategies, Structure and Goal Mission: Fonterras vision is to be the natural source of dairy nutrition for everybody, everywhere, every day. Fonterra strategy is to spread out in large numbers throughout global, aiming high-value areas of dairy products demand and targeting to achieve it quickly. Fonterra targets to create substantial and long-term relationship with the partners and hold the undertaking from the lowermost level of the organization. (Fonterra cooperative Group, 2010) The strategy of Fonterra is to upgrade the production and bring more and more esteem by focusing much on new markets, and the new products which can meet the consumer wants for dairy requirements. It should be firm and have a heavy look at the strengths, social and economic changes for increasing demand or needs for the dairy products. Fonterra calls it as the three vs.: Volume Value Velocity. (Theo Spierings, 2012) Fonterra here is not only working for profit motive the indulge in work related to this vision and sustainable dairy business the look forward to society and ensure there responsibility towards their employees, partners and as well as their customers. They focus on products which ensure that the customers are safe and healthy and minimise the environmental damage by creating new and healthy products.(Fonterra Co-operative Group, 2010) The Fonterra currently working on more than 100 projects where they have new strength and policies to accomplish its goals. à It includes: A thrilling move on the speedily growing well recognized markets of China, ASEAN and Latin America where Fonterra now has a solid influence. It Trust the New Zealand capital return is from milk business. A high volume of export of milk products to the different parts of world. Increasing size of higher worth consumer branded products and out-of-home nutrition. A firm emphasis on gathering the advanced nutrition wants of mothers and babies, as well as elderly populations maintained by targeted innovation in such areas as well as out-of-home nutrition. (Fonterra Co-operative Group, 2010) Fonterras seven strategic paths: Enhance New Zealand milk Shape and produce beyond our consumers position. Carry on food service potentials. Cultivate our place in mobility. Advance selected chief positions in paediatrics and nurturing. Selectively spend in milk pools Placement of business and organization to empower strategy. ( Fonterra Co-operative Group Ltd, 2012) Fonterras aiming on the next generation demand of dairy products and according to survey it is expected that the demand of dairy products by 2019 will be some around in different parts of worlds will be as below: India (highest) 45 million MT China 36 million MT rest of Asia 19 million MT Latin America 18 million MT Middle East/North Africa 13 million MT. With the omission of the trade-sheltered market of India, Fonterra has unshakable positions in each of these markets. Fonterras policy is to build strong customer partnerships with top companies in the food and nutrition trades to become their merchant of choice, and to continue to build its trademarks in such growing markets. With maximum international clients wanting the assurance of a year-round, world-wide stock, Fonterra is gradually supplementing New Zealand-obtained milk with external supply, to deliver supporting to the growth of new consumer dairy goods. In 2010/11, Fonterra obtained 22 billion litres of milk globally, including 20 per cent of Australias production and 24 per cent of Chiles, both the nations where Fonterra has healthy recognised consumer trademark operations. In Latin America it obtained 2.6 billion litres of milk with its co-operative schemes with Nestlà ©. New Zealand alone milk assortment was 15.4 billion litres, alone share about 89 per cent of nations milk production. Development in global finding will stay with Fonterra targeting to mature its own milk production skills within key develop bazaars. China and India can be taken as the new targeted markets. Fonterra always had been extra ordinary nutrition of dairy. For years, its farmers work very hard to give worthy milk to its customer all around the globe. They have their past experience from back generation and, taking care of this tradition which tossed New Zealand in front of whole world in dairy industry. (Fonterra Co-operative Group, 2010) 3 Environmental Scan 3.1 Macro environmental scan The demand of milk by worldwide consumers is expected more than 100 billion litters by 2020, as there is monetary growth and huge population in markets which is definitely pushing the overall demand; however New Zealand is just contributing 5 billion litres of total milk supply by that time. The increasing demand is the sign to Fonterra to increase its production so that they can cover up the world demand as a leading dairy exporter. It is noticed that the demand milk is more especially by young and the elderly which are receiving more urgent and specific.(Theo Spierings, 2012) PESTEL Analysis: (Oxford University press, 2007) Political: political issue matters a lot in any business scenario where all restriction about the trademarks, bio-diversity, quotas arguments and labelling action in dairy. Economic: Variations in foreign currency, growth in demand rather than supply worldwide, production of goods and milk prices. Continue merging of suppliers and customers are the economic factors which has to be keep in mind Social: Rapid increase in needs of consumer markets, demand in healthy and nutritive dairy milk and products. Traditional difference with regard to the demand of milk. Growth in nutrition and bio markets. Technological: Day to day change in technology affecting the production of products and to upgrade the quality and the quantity in production line one must be aware of the new innovative technology coming up in the market, the new technology helps the company to bringing down the production cost because here in process the indirect heating and cooling system is required for each other, need of technology for fewer trucks which are required to transport the same quantity of milk. Environmental factors: Frequent variations in New Zealand climate have a countless influence on the atmosphere, as the necessity for goods fluctuate from time to time, dropping influence of worldwide greenhouse gases as it will recover the superiority of New Zealands environment. They have actual and safe organisation of farm performs that guards the environment from the pollution. Legal: Legal challenges from society and government is required to continue the organisation structure and so that the organisation must not have any problem in future here the Fonterra legal structure stands for the legal rights on the farms of the people and the dairy factories workers and their wages. Its Fonterra duty to train and educate the farmers about the products so that they get some knowledge about the products and also suggest way to help them out in how to improve the overall quality of these products, water and also how can they reduce the consumption of energy in farms. They must be aware about the time limit they have a conferring the rules and regulations. Company requires concentrating at future projects to enlarge its relative in terms of business so that they could provide a much better service to their stake holders and earn a higher value in return. Fonterra has made a lot in nations like Asia, Africa, Middle east, Australia, America, New Zealand but they should goal at revenue cushion above the regular return of the income, which is main in periods when there are products at cheap prices. There are two likely outcomes in future where the demand can be divided into two that are, universally the general demand for the dairy products is assumed to grow by 1.2% wh ereas the yearly rise in dairy is estimated to be 4%. Every year there is a growth in demand for dairy goods by 2.7 %, where as in a period on 10 years time the demand is calculated to be 147 billion litres. Level of opposition has enlarged at very high level even though the Fonterra has kept their global reach; this is Fonterras biggest asset as they can see that routines, taste and preferences are dissimilar from place to place. To encounter the specific demands of the consumers the local team is selected to deal with state of the customer as they will come to local demand. 3.2 Micro Environmental Scan From the beginning of Fonterra since 2001 they had a maximum share thats in excess of 95% of all New Zealand milk goods but somehow it dip to 90% in 2008-2009, with additional fall is still predictable.(Keithwoodford,2008) Anyhow it is examined that the supply been increased by some percentage in recent years. And what has been found in the market that the new entrants giving a tough competition to Fonterra and that can be risk for them in near future than it was in past. It is a true that at current structure they make easy for new entrants to take part in dairy farmer dealers by caring a high worth share on the fair value share which is really not connected to the add value to the element of the milk price. (Keith Woodford, 2008)As the renovation risk is tall of their shares, Fonterra should have an possible business structure that will help them in meeting their advance strategy and also help in dipping their recovery risk of the shares as they can properly allot returns to the dealers or farmers. To meet these business strategies and all legal procedures, the goals and objectives Fonterra must give importance on actual risk management. They should uphold the balance between the board and other mana gement staff and must have a strong relation with the all customers and stakeholders. There should be an Official strategy development plans which brings extensive procedure and happy dividends giving more planned viewpoint, for locating priorities and creation of key decisions. Consumers demand for the goods keeps on fluctuating; numerous consumers demand much more improved quality at similar price. These fluctuations in demand show that, the Fonterra can imagine that in upcoming period their customers will demand healthier quality at similar price. The new consumers demand for those goods or services which never been formed before, and old consumers demand for the new amenities or product features. This makes a tensed condition as we want to make effort on both existing and fresh consumers. Whatever may be the choice, its hard to achieve this state which can rise at any time. (Bain Company, 2005)In dairy industry the company deals with the perishable products which is hard to tr ansport from one place to other and make it fresh as it is and also economically at a long distance. Also, it pacts with very high trade hurdles on dairy products so to deal with this there must be some strategy so that the overall profit for the company increases and upsurge the effectiveness in the working. (Gehlhar M.J,2009). Fonterra must use the research and development team to evaluate more economic, healthy and quality product so that which must be naturally and ecologically consistent. They must attract the attention of young consumers as they are life-long consumers. (Gehlhar, M.J,2009)They should change on their abilities as they can make much more revenues on the goods and services relatively than just being a exclusive manufacturer. Fonterra can also uphold their management if they can distinguish their product structures that from the competitors. To stand as a top in the market it wants labelling power and product innovation. (Gehlhar, M.J,2009). Number of increase com petence and efficiency of corporate structure (Fonterra Co-operative Group,2012) Valuation With an analysis of macro and micro scan of environment there are several of problems which have come forward. Fonterra have managed to bring some transformations in their working for higher value markets and tried to sustain with the similar strategies of maintaining low cost leadership and increased volume however Fonterras capability to uphold the spot is at danger and its business structure restricts its capacity. Following are some of the problems which need to modify with critical thinking and innovative strategy. There is clear outcome that present structure of the Fonterra is not acceptable. As per its capital structure its compulsory that its 75 per cent of shareholder approves any proposal but as per the scan it appears to be very less because his shareholders or farmers currently constantly discarding the proposal offer. The shareholders are definitely not accepting the approval because they need to be assured that the final outcome should be positive. (Allio, M.K,2005) Around the globe there is arise in fit, appropriate and environmentally friendly manufactured foods products and as a result mass production has replaced mass customization. So for getting the opportunities in overall environment for those branded manufactured foods Fonterra should be capable for changing current strategies and apply new and innovative strategy for completing the challenge in the global market. Even though they are capable of segregating their item for consumptions, Fonterra must have some distinct competences for taking in physical input which can be used in food business so that they come up with different products of competitors. Fonterra should also focus on consumer marketing, product and process innovation so that they Fonterra can get a competitive advantage by differentiating his food products which holds exceptional quality which is different from competitors. According to the science and biology, the production of dairy organization is not limited only on the farm but there is production of manufactured food products as well. The guidance from biotechnology can help Fonterra to adjust the workings by means of technology or natural resources. (Datamonitor,2008) To come up with a different product line, Fonterra should take the help of health and nutrition team which targets at particular health improvement. Data monitor (2008) further pointed out that it is essential that the team is well trained to get target at consumer health all around the world, such as: dermatology, gastrointestinal health, infant nutrition, immune health, sports health, therapeutics, bone health and animal health. Fonterras emphasis on creating of product will undeniably benefit and increase the demand in food products. (Datamonitor,2008) Fonterra is responsible for promoting all food products by advertising about product features in order to control the market. Bart and Bontis (2003) suggested that the direction is required for consumers to make them loyal towards food product. In the ever changing business environment erratic circumstances arise; Fonterra may plan an appropriate strategy for these situations, since the irregular characters. When businesses fragment at spectacular speed or when conventions can overnight be both unbridle or cripple marketplace applicants or when the value and accessibility of critical contributions may vary wildly So the strategy development of Fonterra be for situations of uncertainty.( David Calfee,2006) Successful strategies integrate multiple situations for Fonterra which creates a series of feasible strategic options; flexible enough to make alterations in unpredictable situations. (VeitEtzold, Ted Buswick, 2008) Innovation in the product occur at each stage of business, for example in 80s the Walkman with a cassette player came and replaced Discman and mp3 player soon but now what we can see in market is only iPod which has captured more than 90% of market. And it is highly likely that the iPod will be banished too one day by yet other product. So the firm should continuously have another policy or approach. So demand can modified with the time so Fonterra must be elastic in getting those demand within the time bracket. (VeitEtzold, Ted Buswick, 2008). Still, if satisfactory variations are not ready, or if ready but its not adequate to avoid the risk of fiscal risks, it must use the monetarist policy as a substitute option for taking care for those risks scheduled carefully and always taking note in mind the characteristic problems of that approach. (Tristan Nguyen, 2011)
Tuesday, August 20, 2019
A Brief History of Alaska
A Brief History of Alaska A Brief History of Alaska Alaska, the 49th State, has a rich history behind it. From the Paleolithic period to the present, Alaskas natural beauty, and its rich resources have been the lands bane and boon to its natives. The Russians, Spanish, British, and Americans have at one time or another exploited Alaskas otters for their fur, and the land for its oil. Paleolithic Inhabitants Alaskas original inhabitants were of Asiatic descent. By that era, the natives of Alaska already had an organized society, which was segregated into three classes of people: the Honorables, which included the respected whalers and elders; the Commoners; and the Slaves. Their society was known to practice mummification at death just like the Egyptians. Occasionally, a slave was killed in honor of their dead, which means they also practice human sacrifice. Alaskas Discovery Alaskas discovery happened in 1741 by a Danish seafarer aboard a Russian ship. The sailors hunted the animals and took their furs back to the Old World. The people were amazed by the quality of the furs that they were sought after. Because of the demand for more furs, Alaska became a favorite hunting and trading post. Catherine the Great, who was the monarch during this period, urged the hunters to treat the Native Aleuts with compassion. However, the hunters obsessive quest for furs made this impossible. The Spanish Expeditions Alaska eventually became part of Russia and this did not sit well with the Spanish monarch, King Charles the III. Between 1774 and 1791, King Charles sent out Spanish expeditions to the area. His efforts to claim even a part of Alaska for the glory of Spain were thwarted at every opportunity by the Russian armies. Eventually, King Charles abandoned his attempts at getting a piece of the Alaskan peninsula from the Russians. He decided both the Russians and the Natives were too formidable for the Spanish. British Subjects During this same period, the British also attempted to get a piece of the Alaskan territory. The possible uses of Alaskas sea otters were too profitable for British navigators to ignore. Captain James Cook and his crew set sail to explore the Alaskan territory in 1778. When they returned to England, they showed off their beautiful fur coats that were taken from Alaskas freshly killed otters. Upon seeing these fur coats, the British decided to send out more expeditions to Alaska. As a result, the town of Wrangell became subject to British rule. How Alaska Became Part of America The United States purchased Alaska from the Russians for 7.2 million dollars in April 9, 1867. It did not become a state of the United States until July 7, 1958 when President Dwight D. Eisenhower signed the Alaska Statehood Act. On that day, Alaska became the 49th state of the United States of America. All through the period when Alaska was a part of America, it primarily served as a rich source of gold. Many miners, opportunists, and explorers from all over the States migrated to Alaska because of the gold rush. Eventually, they settled there and made the wintery land their home. Later, oil was discovered at Prudhoe Bay on the Arctic coast. A proposal for constructing a pipeline to distribute oil to the other states was originally denied because there was a land dispute in that area with Native Americans. Unless the dispute was settled, no pipeline would be built. The discovery of ââ¬Å"black goldâ⬠together with the claims of Native Americans to take back the land that was originally theirs led to the signing of the Alaska Native Claims Settlement Act. The Act required the Native Americans to relinquish their claims on that particular area in exchange for 44 million acres of land in other parts of Alaska. In addition to that, they were also awarded 963 million dollars.
Monday, August 19, 2019
Intel Knows Best? A Major Marketing Mistake :: essays research papers
INTEL Knows Best? A Major Marketing Mistake Problem Statement When Thomas Nicely, a mathematician at Lynchburg College in Virginia, first went public with the fact that Intel's new Pentium chip was defective Intel admitted to the fact that it had sold millions of defective chips, and had known about the defective chips for over four months. Intel said its reasoning for not going public was that most people would never encounter any problems with the chip. Intel said that a spreadsheet user doing random calculations would only have a problem every 27,000 years, therefore they saw no reason to replace all of the defective chips. However if a user possessed a defective chip and could convince Intel that his or her calculations were particularly vulnerable to the flaw in the defective chip then Intel it would supply those people with a new chip. This attitude of 'father knows best' fostered by Intel created an uproar among users and owners of the defective chips. Six weeks after Mr. Nicely went public, IBM, a major purchaser of Pentium chips, stopped all shipments of computers containing the defective Pentium chips. Intel's stock dropped 5% following this bold move by IBM. IBM's main contention was that it puts its customers first, and Intel was failing to do this. Intel's handling of this defective chip situation gives rise to many questions. During the course of this paper I will address several of them. The first of which is how did a company with such a stellar reputation for consumer satisfaction fall into the trap that the customer does not know best? Secondly, what made this chip defect more of a public issue than other defective products manufactured and sold to the public in the past? Finally, how did Intel recover from such a mistake? How much did it cost them and what lessons can other companies learn from Intel's marketing blunder so that they do not make the same mistake? Major Findings Intel is spearheaded by a chief executive named Andrew Grove. Grove is a "tightly wound engineering Ph.D. who has molded the company in his image. Both the secret of his success and the source of his current dilemma is an anxious management philosophy built around the motto 'Only the paranoid survive'." However, even with this type of philosophy the resulting dominance he has achieved in the computer arena cannot be overlooked. Intel practically dominates the computer market with $11.5 billion in sales. Intel has over 70% of the $11 billion microprocessor market, while it's Pentium and 486 chips basically control the IBM-compatible PC market. All of these factors have
Sunday, August 18, 2019
The Constant Struggle :: English Literature
The Constant Struggle ââ¬Å"To be or not to be, that is the question.â⬠Indeed, this is the question Barbara constantly asks herself, whether or not she has to be a responsible mom to Jodie, or to try and have a life of her own. In the short story ââ¬Å"Over the Hillâ⬠by Lynne Schwartz, Barbara is a single mother struggling between the difficult tasks of being a mom and of being a single adult. Barbara faces a dilemma that many other single parents also faces, and that is their desire to date other people because they donââ¬â¢t want to be a single parent for the rest of their lives. However, her responsibility as a single mom doesnââ¬â¢t always allow her to do that. As a result, Barbara is a responsible, fun loving mother torn between her duty to her daughter and her need for adult companionship. Like many other single parents around the world, the income Barbara makes is not always enough to take care of her family. Consequently, being the responsible mom that she is, Barbara is ââ¬Å"taking a short course, one night a weekâ⬠on bartending along with her friend Pat in hopes of having a supplementary source of money (pg 208). They think that they could ââ¬Å"make a lot of money on the side doing bartending at fancy partiesâ⬠(pg 208). Barbara hopes that her income working as a ââ¬Å"draftsperson in an architectââ¬â¢s officeâ⬠in addition to the bartending money she hopes on making will be enough to support her family (pg 208). Although Barbara thinks that ââ¬Å"under certain circumstances abortion might be a good ideaâ⬠, she did not get an abortion when she was pregnant with Jodie (pg 209). Why didnââ¬â¢t she get an abortion? Barbara didnââ¬â¢t get an abortion because she is a dependable person that takes responsibilities for her own actions, even though she knows that her life would be utterly transformed when she becomes a single mother. Although Barbara feels depressed at the end of the night when she thinks that James isnââ¬â¢t coming over, she still plays her role as the responsible mother and reminds Jodie that she ââ¬Å"should be going to bed,â⬠because she has a ââ¬Å"dentist appointment tomorrowâ⬠(pg 217). By trying to make more money, not getting an abortion when she was pregnant with Jodie, and reminding Jodie that she has a dentist appointment the next day even though sheââ¬â¢s depressed about James shows just how dedicated and responsible Barbara is to being a mother. In addition to being a responsible mother, Barbara is also very fun loving. She enjoys ââ¬Å"fooling around with shakers and glasses like kids
Saturday, August 17, 2019
A critical analysis of The Great Gatsby Essay
It is all useless. It is like chasing the wind.â⬠(Ecclesiastes 2:26). The ââ¬Å"itâ⬠in this case, F Scott Fitzgeraldââ¬â¢s groundbreaking novel The Great Gatsby, refers to the exhaustive efforts Gatsby undertakes in his quest for life: the life he wants to live, the so-called American Dream. The novel is Fitzgeraldââ¬â¢s vessel of commentary and criticism of the American Dream. As he paints a vivid portrait of the Jazz Age, Fitzgerald defines this Dream, and through Gatsbyââ¬â¢s downfall, expresses the futility and agony of its pursuit. Through Gatsbyââ¬â¢s longing for it, he depicts its beauty and irresistible lure in a manner of which the Philosopher himself would be proud. The aspects of the American Dream are evident throughout Fitzgeraldââ¬â¢s narrative. Take, for example, James Gatzââ¬â¢s heavenly, almost unbelievable rise from ââ¬Å"beating his way along the south shore of Lake Superior as a clam-digger and a salmon-fisherâ⬠(Fitzgerald 95) to the great, i.e. excessive, Gatsby, housed in ââ¬Å"a colossal affair by any standardâ⬠¦ with a tower on one sideâ⬠¦ a marble swimming pool, and more than forty acres of lawn and gardenâ⬠(Fitzgerald 11). The awe in which Fitzgerald presents his awakened phoenix clearly conveys the importance of improvement, or at least what one thinks is improvement, in the American Dream; it is not necessarily a life of excesses and wealth Fitzgerald defends as the Dream, for the audience sees clearly their detriments in the novel through Tom and Daisy, but rather a change in the style of life, reflecting the equally-American pioneering spirit. Nevertheless, wealth does certainly play an important role in the American Dream. With wealth, supposedly, comes comfort, as Nick mentions regarding his home: ââ¬Å"I had a view of the water, a partial view of my neighbourââ¬â¢s lawn, and the consoling proximity of millionairesâ⬠(Fitzgerald 11). Wealth, states Ross Possnock in his quoting of Karl Marx, is the great equalizer of inequality: I am ugly, but I can buy the most beautiful woman for myself. Consequently, I am not ugly, for the effect of my ugliness, its power to repel, is annulled by moneyâ⬠¦ does not my money, therefore, transform all my incapacities into their opposites? (Possnock 204). Read Also:à Critical Response Essay Topics Gatsbyââ¬â¢s incapacities, generally of an emotional nature, inhibitions preventing his successful capture of his long-lost love, Daisy, are washed away with the drunkenness provided by the dollar: However glorious might be his future as Jay Gatsby, he was a present a penniless young man without a past, and at any moment the invisible cloak of his uniform might slip from his shouldersâ⬠¦ He took what he could get, ravenously and unscrupulously ââ¬â eventually he took Daisy one still October night (Fitzgerald 141). Once armed with the lucre, however, he is prepared to contribute equally to the relationship, making it truly an equal relation of love. Love represents the other side of the coin of wealth: as opposed to material wealth, it refers instead to emotional wealth. Whatever its plane of existence, love plays a pivotal role in the American Dream, in Gatsbyââ¬â¢s Dream. Perhaps love is the most valuable of the aspects presented thus far of the Dream; ââ¬Å"He hadnââ¬â¢t once ceased looking at Daisy, and I think he revalued everything in his house according to the measure of response it drew from her well-loved eyesâ⬠(Fitzgerald 88). Such is his love for her; the bootlegging Gatsby values this emotional wealth to the extent that he essentially abandons the material for just a moment, losing himself in the winds of passion stirred up by the swaying of Daisyââ¬â¢s dress as she inspects Gatsbyââ¬â¢s lookout tower for the green light. His emotional wealth is so suddenly multiplied that ââ¬Å"none of it [his possessions] was any longer real. Once he nearly toppled down a flight of stairsâ⬠(Fitzgerald 88). Sharing the same side of the coin is the need for social acceptance. Gatsby prides himself on his openness; his lavish parties where strangers ââ¬Å"came and went without having met Gatsby at all, came for the party with a simplicity of heart that was its own ticket of admissionâ⬠(Fitzgerald 43), proof of not only his tolerance, but also of his acceptance of those whose drinking make him grow ââ¬Å"more correct as the fraternal hilarity increasedâ⬠(Fitzgerald 51). Gatsby certainly wants the people on his side: from his house labeled aà Norman ââ¬Å"Hotel de Ville,â⬠or City Hall, open to the public, to Lucilleââ¬â¢s replacement dress from Croirierââ¬â¢s, courtesy of Gatsby, no expense is too great in his quest to win others support. Gatsby needs as much popular support as he can get, in the face of such random acts of contempt as ââ¬Å"he killed a man onceâ⬠(Fitzgerald 45) to ââ¬Å"he was a German spy during the warâ⬠(Fitzgerald 45). Improvement, wealth, love, popularity: all contribute to the definition of the American Dream. What is missing from the preceding list is, however, perhaps the most important quality of all: that the American Dream is exactly that, a mere dream. ââ¬Å"Our eyes can never see enough to be satisfied; our ears can never hear enoughâ⬠(Ecclesiastes 1:8). The key words here are ââ¬Å"neverâ⬠and ââ¬Å"satisfiedâ⬠; it is the essence of the American Dream, satisfaction. Unfortunately, the quest for satisfaction and happiness is unending, like eternally chasing oneââ¬â¢s tail; hence the ââ¬Å"never.â⬠It is a vicious circle, one of many traps laid out by Fitzgerald for the sake of educating his audience of the perils of imagination. Indeed, given the thin line between the intrinsic desire for self-improvement and the waste and futility of pursuing mental illusions, and the consequences of the latter, the peril is quite extreme. Esteemed Gatsby inquisitor Marius Bewley succinctly defines the American Dream as ââ¬Å"life on a level at which the material and the spiritual [i.e. imaginary] have become inextricably confused,â⬠(Bewley 37) whose ââ¬Å"blackest devils [are] limit and deprivationâ⬠(Bewley 38). Higher and higher the summit of its ideals climb, until surely and eventually the mountain becomes insurmountable for mortal man. ââ¬Å"What has happened before will happen again. What has been done before will be done againâ⬠(Ecclesiastes 1:9). Such is Gatsbyââ¬â¢s battle cry as he marches off on a mission to re-discover, or rather to re-implant, the passion he found years earlier in the person of Daisy: â⬠ââ¬ËCanââ¬â¢t repeat the past?ââ¬â¢ he cried incredulously. ââ¬ËWhy of course you can!â⬠¦ Iââ¬â¢m going to fix everything just the way is was before,ââ¬â¢ he said, nodding determinedly. ââ¬ËSheââ¬â¢ll [Daisy] seeââ¬â¢ â⬠(Fitzgerald 106). So begins the heartbreaking circle which started on that selfish day ââ¬Å"in the middle of spring with the arrival of Tom Buchananâ⬠¦ The letter reached Gatsby while he was still at Oxfordâ⬠à (Fitzgerald 144). Just as Daisy re-enters Gatsbyââ¬â¢s life and sets the circle moving, does she fulfill the reverse: she, in an equally shocking and abrupt manner, flees Gatsby, his eyes still scintillating in the reflection of the Dream, thus bringing this aspect full-circle and pounding in the first nail in the Dreamââ¬â¢s coffin. The second nail to further seal the coffin is the revolving door quality of the rise and fall from rich to poor as the pocketbooks of the Dreamers lines with money, their moral character is chipped away. Once the conscience is destroyed, one can predict that as the money runs out, character returns. Proof of this circle is offered towards the end of the novel: heading back into East Egg from the city after a tense incident on a scorching summerââ¬â¢s day, Gatsby and Daisy spend their last moments together in the car; upon her return to East Egg, Daisy, Gatsbyââ¬â¢s most valued possession, the standard against which ââ¬Å"he revalued everything in his houseâ⬠(Fitzgerald 88) leaves him and returns fully to Tom, thus leaving Gatsby ââ¬Å"bankrupt.â⬠As this decision transpires, Gatsby selflessly accepts the blame for the accident where Daisy, in control of the car, is at fault. Given the sheer number of its examples, the lack of morals in the materially-rich is indeed an element Fitzgerald wished to impress upon his audience. The lack of respect for life present in high society is demonstrated most strongly by Daisyââ¬â¢s relationship, or lack thereof, with her daughter, Pammy. Appearing only once or twice in the novel, Pammyââ¬â¢s non-existent role in the plot and Daisyââ¬â¢s life prove Daisyââ¬â¢s misplaced priorities as a mother and as a ââ¬Å"successfulâ⬠American Dreamer. Neglect becomes synonymous with high society in Chapter II; Myrtleââ¬â¢s Airedale, referred to simply as one of Mrs. Wilsonââ¬â¢s ââ¬Å"other purchasesâ⬠(Fitzgerald 31), is last seen ââ¬Å"sitting on the table with blind eyes through the smoke, and from time to time groaning faintlyâ⬠(Fitzgerald 38) as ââ¬Å"people disappeared, reappeared, made plans to go somewhereâ⬠(Fitzgerald 38). By the end of the book Pammy and the dog (Myrtle doesnââ¬â¢t even bother naming him)à are forgotten, victims of the American Dreamersââ¬â¢ quest for happiness. Daisyââ¬â¢s whims wreak havoc on otherââ¬â¢s lives as she continues her quest for ââ¬Å"happiness,â⬠driving Gatsbyââ¬â¢s car at supersonic speeds, plowing through Myrtle Wilsonââ¬â¢s bodyâ⬠¦ and not even bothering to stop. Not only does she continue without batting an eye, Daisy allows Gatsby to essentially hang for her crimes without a simple ââ¬Å"Iââ¬â¢m sorryâ⬠or a token ââ¬Å"I love you.â⬠Tom, for his part, forgets the woman in favour of whom he cheats on Daisy. ââ¬Å"There was an unmistakable air of natural intimacy about the picture, and anybody would have said that they were conspiring togetherâ⬠(Fitzgerald 138). Fitzgerald sums up his judgement of the financially-superior/morally-inferior: They were careless peopleâ⬠¦ they smashed up things and creatures and then retreated back into their money or their vast carelessness, or whatever it was that kept them together, and let other people clean up the mess they had made (Fitzgerald 170). The mess they had made; the heaps of ashes left in their wake. Unfortunately, dreams donââ¬â¢t come cheap. Nor do they come without work. The dreams achieved by high society, such as the creation of the enclave known as East Egg, are built, as Marx would say, on the backs of the workers; the workers who sweat and toil for the benefit of the American Dreamers (or perhaps to join their ranks) creating and living in the vast ashheaps of America, separate from their economic rulers. They do not live the Dream; they donââ¬â¢t have the opportunity to. This exclusionary characteristic of the American Dream appears as the distinct snobbery evident through East Eggââ¬â¢s assertion of ââ¬Å"membership in a rather distinguished secret societyâ⬠(Fitzgerald 22). From ââ¬Å"I [Nick] lived at West Egg, the ââ¬â well, the less-fashionable of the twoâ⬠(Fitzgerald 10), to â⬠ââ¬Ëmy opinion on these matters is final,ââ¬â¢ he [Tom] seemed to say, ââ¬Ëjust because Iââ¬â¢m stronger and more of a man than you areââ¬â¢ â⬠(Fitzgerald 13), to ââ¬Å"Tomâ⬠¦ deferred to the sensibilities of those East Eggers who might be on the trainâ⬠(Fitzgerald 29), it certainly seems that East Egg suffers from a superiority complex: a condition due, no doubt, to their ââ¬Å"successâ⬠in embodying the American Dream. ââ¬Å"So I realized that all we can do is be happy, and do the best we can while we are still aliveâ⬠(Ecclesiastes 3:12). The beauty of the American Dream is that, as an unattainable yet seemingly plausible goal for all intents and purposes, it continues to inspire humanity of all nationalities to stretch to a new level of existence, regardless of their current social status. The quest for happiness is perhaps the most venerable of all human institutions due to the natural human desire for a hedonistic existence: a simple pursuit, hardly; a palpable pursuit, possibly; a consuming pursuit, definitely. While the pursuit of the American Dream can easily be branded selfish and greedy, one must admire those American Dreamers with the gall to embark on its realization. The lengths to which Gatsby goes to bring his world to fruition are, to say the least, extensive. An example is his building of ââ¬Å"gonnegtionsâ⬠with less than scrupulous business partners to finance the erection of a tower from which to gaze at a green light, a task requiring years of work, as his partner Meyer Wolfshiem reminisces: â⬠ââ¬ËMy memory goes back to when I first met him [Gatsby]ââ¬â¢, he said. ââ¬ËA young major just out ofâ⬠¦ the war [1918].ââ¬â¢Ã¢â¬ ¦ ââ¬ËDid you start him in business,ââ¬â¢ I [Nick] inquired. ââ¬ËStart him! I made himââ¬â¢ â⬠(Fitzgerald 162). While one might criticize his hyperactive imagination and perhaps even his sanity, one must grant him credit for his seemingly innocent and juvenile idealism; he is a true romantic. One must also admire his tenacity and strength of will: where lesser men would have collapsed under the strain of reality, the strong Gatsby persevered against all odds and, for a moment, held ââ¬Å"Daisyââ¬â¢s white faceâ⬠(Fitzgerald 107) and ââ¬Å"she blossomed for him like a flower and the incarnation was completeâ⬠(Fitzgerald 107). The facing of such a challenge is no less heroic than catching a marlin or warding off a raging bull: all three require intense mental preparation, and though each expends different physical force, all three leave the hero exhausted physically and emotionally. Where Gatsbyââ¬â¢s inferiors depend on alcohol to wash away their inhibitions and uncertainties ââ¬â ââ¬Å"Never had a drink before, but oh how I [Daisy] enjoy itâ⬠(Fitzgerald 74) declares a drunken, uncertain,à about-to-be-married Daisy in the face of mounting stress and anxiety over her commitment; or ââ¬Å"the bottle of whiskey ââ¬â a second one ââ¬â [which] was in constant demand by all presentâ⬠(Fitzgerald 37) at the heated scrutinize-Tomââ¬â¢s-relationships meeting in Tomââ¬â¢s/Myrtleââ¬â¢s apartment ââ¬â Gatsby charges headfirst, conscious without anaesthetic, straight into the source of potential joy ââ¬â and potential heartbreak. ââ¬Å"I [Nick] wondered if the fact that he [Gatsby] was not drinking helped to set him off from his guests, for it seemed to me that he grew more correct as theâ⬠¦ hilarity increasedâ⬠(Fitzgerald 51). The pathetic hilarity with which the novel ends ââ¬â with Gatsby dead, sincerely believing that Daisy will call back, and Tom and Daisy continuing on, living without memory of their brief affairs of the summer of 1922 ââ¬â accomplishes two things: firstly, it validates Gatsby and the American Dream; Fitzgerald contrasts the unforgivable, despicable actions of Tom and Daisy with the seemingly innocent and juvenile fantasies of Gatsby. The latter earns the audienceââ¬â¢s sympathy, while the former are condemned for their inhumanity. Secondly, it debunks the American Dream: in spite of all the efforts and labours Gatsby invests to bring his Dream to fruition, he and his bold vision are cut short, left to rot floating in a pool of blood, rejected by reality; a strong message that material existence does not take kindly to Dreamers. And the battle returns to its origin; Dreamers recommence their offensive, reality braces itself; and the story continues. ââ¬Å"It is all useless. It is like chasing the windâ⬠(Ecclesiastes 2:26). Or is it? Bewley, Marius. ââ¬Å"Scott Fitzgeraldââ¬â¢s Criticism of America.â⬠Twentieth Century Interpretations of The Great Gatsby. Ed. Ernest Lockridge. Englewood Cliffs: Prentice-Hall, Inc., 1968. 37-53. ââ¬Å"Book of Ecclesiastes.â⬠Good News Bible. Manila: Philippine Bible Society, 1980. Fitzgerald, F. Scott. The Great Gatsby. London: Penguin Books, 1990. Possnock, Ross. â⬠ââ¬ËA New World, Material Without Being Realââ¬â¢: Fitzgeraldââ¬â¢s Critique of Capitalism in The Great Gatsby.â⬠Critical Essays on Fitzgeraldââ¬â¢s The Great Gatsby. Ed. Scott Donaldson. Boston: G.K. Hall & Co., 1984. 201-213.
Garrity Warnings: To Give or Not to Give, That Is the Question Essay
à à à Garrity warnings are applicable during internal investigations which are being carried against law enforcement officers to ascertain allegations which have been laid against the officers. Under the Garrity Warning principle, the statements or testimonials by officers which are made during the investigations cannot be used against the officers in case there are criminal trials that have been instigated against the officer. There have been different cases where the principle of Garrity has been applied to determine whether officers are guilty of crimes or not guilty. One of the cases where the Garrity principle was applied is the case of McKinley v. City of Mansfield, 404 F.3d 418 (2005). In this case, there are various facts, and decisions which were made as follows: Facts à à à à McKinley was a police officer when the police department conducted an internal investigation on its administration for all the officers (Eric, December 2012). All officers were put through an interview whereby they were all under the Garrity principle that said that their statement would not be used for the purpose of prosecution (Eric, December 2012). McKinley lied during the first interview. This prompted the investigator to conduct a second interview with McKinley, but after informing him of the allegations against him and also about the Garrity warning principle. McKinley admitted to have lied in the first interview and this brought about the case against him of lying (Eric, December 2012). à à à à à McKinley was informed by the investigating officer that he was being interviewed for the second time following allegations that he had provided untruthful answers during the first interview that was conducted (Eric, December 2012). Upon the completion of the second interview, the investigating officer turned in the statements made by McKinley as well as the findings that had been made during the two interviews to the prosecution for the purpose of prosecuting McKinley. Based on the findings of the investigation, McKinley was terminated but later reinstated to his former position with a back pay as well as benefits based on the collective bargain that was reached under arbitration (Eric, December 2012). Finally, McKinley was charged in court with falsification of information as well as obstruction of the official operations and business of the police department. Decision à à à à When McKinley was charged in court, and made a motion to suppress the statements that he had made from being bused against him in the court of law. The judges declined the request and allowed the use of these statements. Based on the investigation findings and the statements which had been made by McKinley, he was convicted of the crimes brought against him (Eric, December 2012). The appellate court vacated the convictions against McKinley based on the view that the department knew that the statements by McKinley were based on the principle of Garrity hence inadmissible. The resulting action was that McKinley decided to instigate charges against the City of Mansfield as well as the investigating officers and certain police officials within the department (Eric, December 2012). The trial court granted a summary judgment to the defendants but the appellate court reversed part of the decision by the trial court. However, it was held that McKinley was still liable to charges against him based on the findings of the first interview. à à à à From the case of McKinley, it is my belief that best practices were necessary in deciding this case so that there is fairness in the application of the law (Eric, December 2012). It was appropriate that the best practices were exercised in this case since there is need to uphold the law and ensure that the right of every officer is protected as well as that of the department of police. Alternative à à à à From the above case of McKinley, it there is no alternative that would have been applicable in this case. The prosecution did not have the right to use the statements that the officer had made under the Garrity principle (Eric, December 2012). Furthermore, the investigating officer was wrong in using the second statement as part of the evidence against McKinley for the purpose of prosecuting him yet the statements were made under the Garrity warnings. The officer was right in taking action against the investigating officer as well as some of the officials in the department hence there are no alternative actions that he was supposed to take after what had transpired (Eric, December 2012). The department also did a right thing in taking him to court, but only based on the first statement from the first interview that he had to lies. Solution à à à à à The solution to the case between McKinley and the police department can be reached through an arbitration process whereby the parties can reach a common agreement. Arbitration will help retain the reputation of the department while ensuring that all the parties involved in the matter are satisfied. Conclusion à à à à The Garrity warnings principle is an important aspect in the operations of the police department as it helps in protecting the officers. Furthermore, this principle should not be misused by the officers as a way to continue doing things which are against the law. The police department should also be very keen in the way it deals with officers under the Garrity principle. Reference Eric P. Daigle, ââ¬Å"Garrity Warnings: To Give or Not to Give, That Is the Question,â⬠Chiefââ¬â¢s Counsel, The Police Chief 79 (December 2012): 12ââ¬â13. Source document
Subscribe to:
Posts (Atom)