Tuesday, December 17, 2019
Investment Approach for Certona Case Study Example
Essays on Investment Approach for Certona Case Study The paper "Investment Approach for Certona" is a perfect example of a case study on finance and accounting. Recently a proposed software development has been brought to my attention. Certona, a personalization, and recommendation SaaS could potentially carry with it a significant financial benefit for the organization. In considering the investment approach for this product the most overarching concerns are those related to the financial figures. The software license costs $2000 per month and requires a 1-year commitment. The total margin is 35% and the organizationââ¬â¢s AOV is $92. Certona guarantees 68 additional sales per month.à After conducting the financial breakdown the figures support that a net profit would be gained from the purchase of the product. These figures were obtained through first calculating the profit margin, as a percentage of the AOV. In this regard, 35% of $92 resulted in a figure of $32.2. The Certona product guarantees 68 sales per month. This would r esult in an extra monthly net profit of $2176. The product itself costs $2000 per month with a yearlong commitment. It follows that while the product requires a steep investment, the profit gained is ultimately worth the cost.Still, there are a number of possible drawbacks. One consideration is the extent that the 68 sales per month are guaranteed. If this is just an estimate the high cost of the product may be too high to risk. Another consideration is the extent that the business model will stay the same over the upcoming year. If organizationally the intentions are to transition into a different business model or mode of sale where the potential mechanisms that the technology would work would become obsolete, then itââ¬â¢s clear that it would be superfluous and overly risky to purchase the technology. Ultimately, the investment decision is one of semantics. If Certona truly guarantees 68 sales per month then it is worth purchasing this technology package, as long as the organi zation intends on retaining the same upcoming strategy. Conversely, if the 68 sales per month are only an estimate then it seems that purchasing this product would ultimately be too risky, as the mitigating factors of potential slowing sales could potentially bankrupt the organization.
Monday, December 9, 2019
The Death Penalty free essay sample
The death penalty is a very controversial topic that some may oppose while others assent. I have read two interesting essays about the death penalty. One is entitled ââ¬Å"The Penalty of Deathâ⬠by H. L Mencken and the other ââ¬Å"Executionâ⬠by Anna Quindlen. Both authors presented their arguments and used great points to support their opinions. H. L Mencken is for the death penalty while Anna Quindlen is against it. After reading these two authors work I was able to form my own opinion on this punishment. I condone the death penalty despite how cruel it may be. H. L Mencken begins his story by presenting two arguments against capital punishment. He then gives his reasons as to why he believes these arguments are weak. The first argument is that the act of hanging a man is an unpleasant business and horrendous to the people who have to watch. The second argument is that the death penalty is counterproductive because it will not restrain others from committing the same crime. We will write a custom essay sample on The Death Penalty or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Menckenââ¬â¢s response is that there are a lot of displeasing jobs that still need to be done that no one considers extinguishing. He lists occupations such as a plumber, soldier, and garbage man. The author then states that the fault in argument two is assuming that the main goal of punishing criminals is to discourage other potential wrong doers. Mencken reveals that preventing others from committing similar crimes is not the only reason for the death penalty. Another reason is a term called katharsis. Katharsis is simply a pleasant discharge of emotions. The families of victims all want to feel as though justice is served. What better way than to hurt the criminal the way they hurt their victim. ââ¬Å"The thing they crave primarily is the satisfaction of seeing the criminal actually before them suffer as he made them suffer (Mencken 475)â⬠. The Death Penalty free essay sample A discussion for and against the death penalty. (more)
Sunday, December 1, 2019
Totalitarianism Essays - Forms Of Government, Political Philosophy
Totalitarianism According to the Encyclopedia Britannica, the definition of totalitarianism is a form of government that theoretically permits no individual freedom and that seeks to subordinate all aspects of the individual's life to the authority of the government (http://www.britannica.com/). Totalitarian governments are often believed to be a solution to political or economic problems in a country. Despite the brutality and lack of freedom, at its beginning, a totalitarian government often receives overwhelming support for its ideas and goals. History has proven that such governments have had a tremendous negative impact on their people and traditions. Totalitarian governments often emerge from developing countries that are trying to build their economy. They are also considered to be a solution for countries that have recently been through a social, economic or political downfall. At the beginning of their rule, these regimes tend to be very popular and have the support of most people in the country. This popularity is mostly due to the government's promises of an ideal society. A totalitarian administration also requires a charismatic leader and modern developments in transportation and communication to spread its message. In order for a totalitarian state to be built, the leader must have a tremendous will to transform the society into his version of utopia (http://www.uta.edu). A central concept in the totalitarian system is the attainment of a specific goal. This goal is the reason why a totalitarian government exists and is essential to keeping the regime in power (http://www.britannica.com/). In Hitler's case, his goals were the purification of the Aryan race and the expansion of his territory. In a totalitarian state, all of its
Tuesday, November 26, 2019
Primarks Market Entry Proposal
Primarks Market Entry Proposal Introduction The decision to invest in a new and foreign market is not easy to make. A number of factors have to be taken into consideration. In spite of this, the decision to expand to foreign markets is not new to Primark. The company has taken these steps a number of times in the past.Advertising We will write a custom essay sample on Primarkââ¬â¢s Market Entry specifically for you for only $16.05 $11/page Learn More For instance, the company operates more than 250 stores in different parts of the world. The existence of these outlets is an indication that Primark has made deliberate steps to enter into new global markets in the past. A market analysis was conducted to determine the attractiveness of two potential countries that the company wanted to establish its operations in. The two were Brazil and Italy. The analysis revealed a lot about the company and the two countries. Evidently, the two markets have their own potentials for growth, especially in the apparel industry, which Primark specialises in. The issue of expansion into new markets in other countries is very critical to the operations of Primark. The growth is essential especially taking into consideration the nature of the industry this company operates in. There are numerous reasons why the company should go on with the expansion. In this executive summary, the justifications for selecting Brazil as the new frontier in Primarkââ¬â¢s international venture are provided. The decision to expand to Brazil is supported by facts and figures, including a number of theories touching on international operations. Proposed Market Entry Strategies and Justification The proposed market strategy for Primark includes the utilisation of licensing in the first stage of entry. The second stage of expansion should be carried out with the help of complete ownership strategy. It is important to note that licensing is suitable for Primark since the global apparel industry is currently experiencing intense competition. Complete ownership would afford the company advantages associated with independence, once established in the new market through licensing.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Primarkââ¬â¢s Entry Strategy: Recommendations A number of recommendations are made based on the findings from the market analysis conducted on the two target markets (Italy and Brazil). The recommendations are as follows: Brazil is the ideal market for expansion between the two. Expanding to Italy is not a good idea at this stage. Two market entry strategies are proposed. They include licensing and total ownership. Licensing should be conducted at the first stage of market entry. Complete ownership should then follow. It should come after the brand is already established in the new market. Background The current case study focused on the assessment of the at tractiveness of both Italy and Brazil. The aim was to determine the best market for Primarkââ¬â¢s expansion objective. The analysis and evaluation of the target markets revealed that Brazil is more promising compared to Italy. According to Sako (2006: 500), the motive to expand internationally is informed by the mission and vision statements of the company. In addition to the objective of increasing its profits, it is apparent that Primark aims at offering the customers high quality products. In addition, the company has a reputation of dealing with up-to-date and fashionable apparel. The products are sold at what can be regarded as affordable prices, which translate to value for customerââ¬â¢s money. The values will inform the entry of this company into the new market. The international ambitions of Primark are made evident by the more than 250 stores it operates in Europe Primarkââ¬â¢s decision to expand internationally can be analysed from the perspective of normative de cisionââ¬â¢s theory. According to this theoretical framework, the decision to enter into a foreign market should take into consideration the trade-offs between returns and risks (Caves 2007: 21). Consequently, Primark should go for the entry mode with the highest possibilities for risk-adjustment in relation to returns on investment. The availability of resources, together with the need for control, should also play a key role in the determination of the preferred entry mode. Dunning (1988:5) highlights the issue of resource availability with regards to international trade. According to Dunning, the concept entails the managerial and financial capabilities of the firm to survive in the given foreign market. Control, on the other hand, implies the need exhibited by the firm to influence systems, decision, and methods of conducting business in that particular market.Advertising We will write a custom essay sample on Primarkââ¬â¢s Market Entry specifically for you for o nly $16.05 $11/page Learn More The factors enumerated above determine the linkages between the firm-level and the nation-level analyses of international markets. An evaluation of the two markets at the nation level settled on Brazil as the ideal market for Primark to further its expansion objectives. It is a fact that competition in the Brazilian apparel industry is very high. However, market conditions indicate the availability of opportunities for the establishment of a new company (Artigas and Calicchio 2007: 72). Furthermore, the analysis indicates that the adoption of the appropriate set of entry strategies can help Primark penetrate this market. The selection of Brazil as the preferred market for Primark is based on various nation-level factors. According to PricewaterhouseCoopers International Limited [PWC] (2013:5), Brazil has recently emerged as a strong and attractive economic player in the world. The degree of economic diversification in the country is hig h. In addition, the South American nation has a large domestic consumer market. The financial systems are well regulated, making the country an attractive option for Primark. According to Dunning (1988: 2), the general framework for determining market-specific and firm-specific factors influencing international expansion is fourfold. The factors of control, resources, risk and returns are essential to the analysis. The following proposal takes into consideration all these aspects of Primark at the firm level. In addition, the strategies proposed for the market entry appreciate nation-specific factors that will influence Primarkââ¬â¢s activities. Analysis of Market Opportunities in Brazil Before going international, a firm should conduct an environmental analysis of the target market. The analysis of Brazil as the preferred market was conducted from different perspectives. The impacts of country-specific factors on the operations of the company were reviewed.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More There are various classical theories touching on international trade. The theoretical frameworks propose varying elements of comparative advantage, which make some countries more ideal for investment than others (Dunning 1988: 12). They also advance factor endowments that make a country a preferred international destination. The factors include land, labour, natural resources, and population size (Krugman 1999: 14). Nation-level analysis of Brazil is based on Dunningââ¬â¢s framework for expansion into foreign markets and Porterââ¬â¢s diamond model. According to Porter (1998:41), nations have the capacity to create new and advanced factor endowments. Factors countries can create include skilled labour, culture, government support, knowledge base, as well as advanced technologies (Porter 1998: 42). Consequently, the diamond model advanced by Porter illustrates the national advantages of Brazil in relation to Primarkââ¬â¢s expansion objective. The individual factors in Porterà ¢â¬â¢s model which constituted a nationââ¬â¢s comparative advantage included factor conditions and demand conditions (Porter 1998: 42).Other factors included related and supporting industries, coupled with firm strategy, structure and rivalry. Figure 1: Porterââ¬â¢s Diamond Model Source: Porter (1998: 41). Factor conditions refer to the situation in the country, with regard to production elements. Production factors include infrastructure, skilled labour, and technological base, among others. According to PWC (2013: 19), the economy of Brazil is large, and the infrastructure in most parts of the country is well developed. In addition, as an emerging economy, the country is developing very rapidly in relation to skilled labour and technological development (Porter 1998: 44). The apparel industry in Brazil is also fairy established with numerous brands, meaning that skilled labour in this industry is abundant. Demand conditions aspect of Porterââ¬â¢s diamond model entails the local demand for the products and services the investing company offers (Porter 1998: 44). According to MarketLine (2013:17), the apparel retail industry in Brazil is experiencing a strong growth. For instance, the value of the industry is forecasted to increase by 39.8% between 2012 and 2017 (MarketLine 2013:12). The growth is based on increasing demand in the apparel industry. Related and supporting industries in Porterââ¬â¢s diamond model referred to the non-existence or existence of other internationally competitive industries (Porter 1998: 45). According to PWC (2013: 153), Brazil importance in the global economy is attested for by the numerous international organisations based there. Some of the apparel companies in the country also indicate the level of competitiveness in the industry. The presence of these supporting industries in Brazil indicates that, innovativeness in the industry becomes a necessity. In addition, Primark would be able to enjoy more cost effective inputs. Firm strategy, structure, and rivalry in Porterââ¬â¢s diamond model referred to the conditions in the country that determine establishment and organisation of companies (Porter 1998: 45). In addition, this aspect of the model determines management of the company. Consequently, these conditions determine the kind of competition in the particular country. In Brazil, most of the major players in the apparel industry are local firms. According to MarketLine (2013:12) the retail apparel industry is fairly fragmented, although the recent growth of the industry has helped lessen rivalry. Despite of this rivalry however, Primark would have the relative advantage of offering unique imported products. The role of the government in determining success of enterprises in any country cannot be underestimated. The government ultimately facilitates business environment in the particular country, for instance through policies and regulations. According to PWC (2013: 72), Brazil is a membe r of numerous international trade agreements. Some of the agreements include the Free Trade Area of the Americas (FTA), and the Amazon Cooperation Treaty [ACT] (PWC 2013: 73). Other agreements include World Trade Organisation (WTO), International Monetary Fund (IMF), and the Kyoto Protocol on Climate Change (PWC 2013: 73). Membership to such organisations indicates the countryââ¬â¢s openness to international trade, a factor that favours Primark immensely. Labour laws in Brazil are, however, strict. In addition, there are tax regulations and requirements for all foreign companies to register with the Ministry of Development and Foreign Commerce (PWC 2013: 88). Despite of the political and legal risks involved in Brazil, the returns outweigh them, leaving a country a very ideal market for Primark investment. Usually, many countries will seek to protect local enterprises, due to the uncertainties associated with multinational firms. Attractiveness of the Country The nation-level ana lysis through Porterââ¬â¢s Diamond attests to the potential of Brazilââ¬â¢s apparel industry and the benefits associated with establishing operations here. Below are some of the reasons why the country is attractive for investment: Foreign investments are generally welcome in Brazil. Brazil is the leading country in Latin America in terms of investment opportunities. All major agencies in the world have granted the country Investment Grade rating. Local auditing and accounting standards are in line with the International Financial Reporting Standards (IFRS). Recent changes in the business culture and the promotion of best practices in corporate governance are favourable to new investors (PWC 2013:31). However, Primark should be wary of some of the challenges associated with doing business in Brazil. The country is ranked as ââ¬Ëfairââ¬â¢ with regards to the ease of establishing operations (KPMG 2012: 12). Figure 2: Ranking of Brazil in terms of ease of doing business Source: KPMG (2012: 12). The rising trend in foreign direct investments (FDI) in Brazil further indicates the attractiveness of the country. According to KPMG (2012:9), the country recorded a positive growth in FDI in the period between 2006 and 2011. The trend is expected to persist. Figure 3: FDI in Brazil Source: KPMG (2012: 9). Companyââ¬â¢s Situation Analysis The firm-level analysis conducted on Primark was based the strengths, weaknesses, opportunities and threats (SWOT) framework (Hill and Westbrook 1997: 47). Strengths constitute the internal factors giving Primark an edge over competitors. Weaknesses constitute internal factors resulting to a company being at a disadvantage relative to competitors. Opportunities constitute the external elements, which an organisation can exploit to its advantage. The business is also faced by a number of threats. They include factors that are external to the entity, and which may derail efforts to achieve business objective. Some of the key strengths of Primark that can favour it in the intended venture include the positive reputation and popular brand names. In addition, the strong supply chain, and the beneficial trade relations established in the other countries reflect positively for Primark. The major weakness of the company is however the low margins recorded in some of its branches. In exception of poor business environment conditions, the company might not be ready to expand further due to poor management. The key opportunities that Primark faces include the highly untapped Brazilian apparel industry, by international retailers. In addition, Brazil has a very large consumer base (Artigas Calicchio 2007: 76).The only apparent threat to Primark is the global economic depression, whose aftermaths might still be evident in the Brazilian apparel industry. Readiness to go Overseas The readiness of Primark to go overseas cannot be denied. The firm-level analysis reveals strengths of the company, which would be v ery beneficial in overseas ventures. In addition, the company has considerable experience of foreign markets entry from its operations in Europe. The national-level analysis also indicates immense opportunities for the company in the Brazilian apparel industry. Hence, all indicators point out that Primark is ready for overseas ventures. Market Entry Strategy Koch (2001:351) proposes a holistic model for market entry and market selection processes (MEMS). The design of the model takes into account all contexts of the business and the relevant practices. It highlights the external, internal, and mixed category factors that inform the selection of the market. The model is shown below: Figure 4: Factors influencing market selection Source: Koch (2001:352). The factors affecting the selection of mode of market entry are also depicted in Kochââ¬â¢s model as shown below: Figure 5: Factors influencing market entry mode selection Source: Koch (2001:353). Primark can use Kochââ¬â¢s mo del to select a strategy that is suitable in entering Brazil. Based on the findings made in the nation-level and firm-level analyses, licensing emerges as the preferred entry strategy. According to Brouthers (2002: 206), licensing entails a firm in one country granting another company in a foreign country to manufacture, process, or use the licensorââ¬â¢s trademark. The domestic firm apparently enters into licensing contract with the foreign firm, allowing it usage of certain intellectual properties for payment of loyalties or given sales percentage. Intellectual properties licensed can include designs, patents, and name of the firm. One of the major advantages of licensing is that the strategy has low risks associated with it during expansion internationally, and it is relatively easy and quick (Anderson and Coughlan 1987: 74). In addition, the licensor (in this case Primark) has the opportunity of capitalising on the licenseeââ¬â¢s country specific knowledge. The licensee Pr imark enter into a licensing agreement with will have better knowledge and experience in relation to Brazilian apparel industry. Although licensing spreads the risks of entry into new markets to the licensee, the main risk of this strategy is risk to the reputation of the licensor. A licensee with poor reputation will ultimately ruin the reputation of the licensor. Other disadvantages of licensing include very little control to the licensor, and likelihood of the licensee becoming a major competitor. Wholly owned foreign operations involve the expanding company establishing a complete base of operations in the target market (Brouthers 2002: 207). The strategy is the most extensive, since it would require total involvement by the company. Fully owned operations have the greatest advantage of total control. However, the disadvantages of this entry strategy are also high. For instance, this method of entry exhibits the highest financial risks. In addition, the company might take relati vely longer duration to get established in the market, or even fail altogether. Implementation of Market Entry Strategy In the first stage entry level, Primark should use licensing as the market entry strategy. As the brand gains more recognition in the market, the company should then result to total ownership. Initially, Primark should select several leading apparel retailers in the Brazilian market. After negotiations with these retailers, the company should settle on the one with the most reasonable, attractive, and profitable deal. The licensing should then be entered in, for a specified duration of time. Primark will have to allow the licensee the permission to use the companyââ¬â¢s trademarks, brand, among other intellectual rights. The licensing contract should be projected to a period during which Primark brand should be fairly established in the Brazilian apparel industry. After the contract termination, Primark should then establish wholly owned operations in the Brazil ian apparel industry. Conclusion The nation-level analysis of Brazil reveals the potential of the market for a foreign international apparel retailer. It is a fact that the country poses some challenges to a new entrant. However, the potential returns outweigh these risks. The firm-level analysis also reveals that Primark is fairly experienced in entering international markets. The numerous stores the company operates in Europe attest to this. However, the company should approach the Brazilian market cautiously since apparel consumers there have a different view of the industry. The products the company offers in the European markets differ with those demanded by consumers in Brazil. References Anderson, E., and Coughlan, A.T. (1987). ââ¬ËInternational market entry and expansion via independent or integrated channels of distributionââ¬â¢. Journal of Marketing, 51 (1), 71-82. Artigas, M., and Calicchio, N. (2007). ââ¬ËHow half of the world shops: apparel in Brazil, China, an d Indiaââ¬â¢. The McKinsey Quarterly, 1 (4), 68-79. Brouthers, K. D. (2002). ââ¬ËInstitutional, cultural and transaction cost influences on entry mode choice and performanceââ¬â¢. Journal of International Business Studies, 33 (2), 203-221. Brouthers, K.D., Brouthers, L.E., and Wilkinson, T.J. (1995). ââ¬ËStrategic alliances: choose your partnersââ¬â¢. Long Range Planning, 28 (3),18-25. Caves, R. E. (2007). Multinational enterprise and economic analysis. New York: Cambridge University Press. Dunning, J. (1988). ââ¬ËThe eclectic paradigm of international production: a restatement and some possible extensionsââ¬â¢. Journal of international Business Studies, 19 (Spring), 1-31. Hill, T., and Westbrook, R. (1997). ââ¬ËSWOT analysis: itââ¬â¢s time for a product recallââ¬â¢. Long Range Planning, 30 (1), 46-52. Koch, A.J. (2001). ââ¬ËFactors influencing market and entry mode selection: developing the MEMS modelââ¬â¢. Marketing Intelligence Planning, 19 (5 ), 351-361. KPMG (2012). Investing in Brazil: a land of opportunities. Web. Krugman, P. (1999). ââ¬ËThe role of geography in developmentââ¬â¢. International Regional Science Review, 22 (2), 12-32. MarketLine. (2013). Marketline industry profile: apparel retail in Brazil. Web. Porter, M.E. (1998). The competitive advantage of nations, New York: Free Press. PricewaterhouseCoopers International Limited. (2013). Doing business and investing in Brazil. Web. Sako, M. (2006). ââ¬ËOutsourcing and off-shoring: implications for productivity of business servicesââ¬â¢. Oxford Review of Economic Policy, 22 (4), 499-512.
Saturday, November 23, 2019
Lord Neubergers advice on clearer legal writing - Emphasis
Lord Neubergers advice on clearer legal writing Lord Neubergers advice on clearer legal writing When it comes to calls for improving legal writing, few are made with more authority than this. Lord Neuberger of Abbotsbury, President of the Supreme Court, has said that judges themselves need to change the way they write ââ¬â or risk losing the publicââ¬â¢s confidence in the entire justice system. Lord Neuberger made the claim in a recent lecture to the British and Irish Legal Information Institute (BAILII). His main focus was on writing and reporting judgments (or should that be judgements?), but many of his comments are relevant to legal writing in general. ââ¬ËIt is not realistic to expect that every Judgment could be understood by everyone: à human nature, the complexities of modern life, and the intricacies of the law do not permit that,ââ¬â¢ he said. ââ¬ËHowever, if we are to maintain public confidence in the justice system, judges must make their Judgments as accessible as possible, particularly to members of the public and litigants-in-person.ââ¬â¢ Even lawyers prefer simple writing To illustrate the importance of clear writing, he gave an example from a study by the American law professor Joe Kimble. As part of the study, The Straight Skinny on Better Judicial Opinions, Professor Kimble sent two versions of the same judgment to 700 lawyers. Version A was the original judgment, picked as an average sample, not an especially bad one (though Lord Neuberger described it as having ââ¬ËProustian length sentences without Proustââ¬â¢s literary meritââ¬â¢). Version B had been rewritten in plainer language. Hereââ¬â¢s the opening paragraph of version A: ââ¬ËPlaintiff Robert Wills filed a declaratory judgment against defendant State Farm Insurance Company to determine whether defendant has a duty to pay benefits under the uninsured motorist provisions found in plaintiffââ¬â¢s policy with defendant. Pursuant to the partiesââ¬â¢ stipulated statement of facts, the trial court granted summary disposition in plaintiffââ¬â¢s favor upon finding coverage where gunshots fired from an unidentified automobile passing plaintiffââ¬â¢s vehicle caused plaintiff to drive off the road and suffer injuries. Defendant appeals as of right. We reverse and remand. And hereââ¬â¢s the opening paragraph of version B: ââ¬ËRobert Wills was injured when someone drove by him and fired shots toward his car, causing him to swerve into a tree. He filed a declaratory-judgment action to determine whether State Farm had to pay him uninsured-motorist benefits. The issue is whether there was a ââ¬Ësubstantial physical nexusââ¬â¢ between the unidentified car and Willsââ¬â¢s car. The trial court answered yes and granted a summary disposition for Wills. We disagree and reverse. We do not find a substantial physical nexus between the two cars, because the bullets were not projected by the unidentified car itself.ââ¬â¢ The lawyers expressed a ââ¬Ëstrong preferenceââ¬â¢ for version B. Asked why they preferred it, they said because it had a summary at the beginning, left out unnecessary detail, and was more concise. And if the lawyers found version A harder to read, despite their extensive legal training, the general public barely stand a chance. ââ¬ËFirst, the fact that legal professionals are trained to read Judgments is no excuse for poor Judgment-writing,ââ¬â¢ said Lord Neuberger. ââ¬ËSecondly, reference to lawyers, judges and academics is myopic. They are only part of the audience. The public are the real audience.ââ¬â¢ Two recommendations for clearer judgments Lord Neuberger made two proposals for how judges could improve the accessibility of judgments. 1. Start with a judgment summary Firstly, to include a short summary at the start. This would be particularly helpful to self-represented litigants without ready access to professionally published law reports from the Incorporated Council of Law Reporting (ICLR), he said. ââ¬ËIt would not be as long as a law report headnote, or as one of the press summaries prepared by the Supreme Court. But it should be sufficient to enable a non-lawyer to know the facts, the issues, and how and why they were resolved.ââ¬â¢ 2. Use a clear structure Secondly, he called for a clearer framework for all judgments, including a table of contents at the beginning ââ¬Ëto give better guidance to the structure and contents of longer Judgmentsââ¬â¢, and appropriate headings and signposts throughout the document. ââ¬ËKimbleââ¬â¢s study confirms that this is not just a good discipline but it is what the legal professional readers want, and, if it is what lawyers want, it is a fortiori what non-lawyers will want. A clear structure aids accessibility.ââ¬â¢ (A fortiori means ââ¬Ëall the more soââ¬â¢. Peppering your arguments with Latin isnââ¬â¢t the best example of aiding accessibility ââ¬â perhaps Lord Neuberger should take a little of his own advice here.) Keep it concise Lord Neuberger also made what he described as a more controversial suggestion: ââ¬Ëthat judges could take a more rigorous approach to cutting the length of their Judgmentsââ¬â¢. That didnââ¬â¢t mean they should go as far as Judge James Murdoch of the UX Tax Court, he said, quoting: ââ¬ËIt is reputed that a taxpayer testified, ââ¬Å"As God is my judge, I do not owe this taxâ⬠. Judge Murdoch replied, ââ¬Å"He is not, I am; you doâ⬠.ââ¬â¢ However, there were opportunities to reduce the length of judgments by cutting unnecessary content. ââ¬ËJudges should weed out the otiose. We should, for instance, remove unnecessary displays of learning, or what the Lord Chief Justice, Lord Judge, recalls his history teacher marking on his essay, APK, anxious parade of knowledge.ââ¬â¢ Say what needs to be said, give the readers the information they need, and no more. You can read the speech, which also covers judgment reporting and dissemination, in full here. To see a case study of how we helped à commercial law firm Nabarro LLP, click here.
Thursday, November 21, 2019
Report on the airline and aircraft and manufacturing industries Essay
Report on the airline and aircraft and manufacturing industries - Essay Example The barriers to entry are high and so very few prospective players are looking forward to enter. The industry is impacted by macro-environmental factors which help to shape demand for its commercial aircrafts. The factors that drive demand in this industry include economic growth as measured by gross domestic product (GDP) and growth in regional and international trade. These factors have historically impacted on growth in regional and international travel. With the abatement of the global recession in most regions, it is expected that the demand for commercial aircrafts will increase resulting in between 26,000 and 31,000 new commercial aircrafts of varying types being demanded. The demand for new aircraft will also be stimulated by the need to replace retiring aircrafts with new and more energy efficient aircrafts that burn less fuel and have more capacity to enable increases in revenue per passenger kilometre (RPK). Boeing and Airbus are the major players in the aircraft manufactu ring industry and both of them have produced market forecast for the 20 year period 2010 to 2029. They both have differences in their estimates of the number of aircrafts that will be required to fill demand for passenger seats during the period. They also have differing expectations on whether the point-to-point or hub and spoke is the best strategy to follow as both seek to ensure that whichever philosophy airlines choose, they are not disadvantaged. A SWOT analysis reveals that the companies have significant strengths and will be able to take hold of the opportunities and minimise weaknesses and threats in both the micro and macro-environments. A TOWS analysis model was used to determine what strengths could be used to take hold of opportunities and minimise threats and weaknesses and turn them into opportunities where possible. Table of Contents 1. Introduction 2. Part A 2.0 Definition of the industry and its structure 2.1 An analysis of the micro-environment 2.1.1 Threat of sub stitute products 2.1.2 Barriers to entry 2.1.3 Power of suppliers 2.1.4 Power of customers/buyers 2.1.5 Competitive rivalry 2.2 An analysis of the macro-environment 2.2.1 Political factors 2.2.2 Economic factors 2.2.3 Social factors 2.2.4 Technological factors 2.2.5 Legal factors 2.2.6 Ecological factors 3 Part B 3.0 Developing a strategy 3.1 Market Forecasts 3.1.1 Boeingââ¬â¢s Market Forecasts 3.1.2 Airbusââ¬â¢s Market Forecasts 3.1.3 Comparison of Forecasts 3.2 Situational Analysis of Boeing and Airbus 3.3 Situational Analysis using the SWOT model 3.3.1 Strengths 3.3.2 Weaknesses 3.3.3 Opportunities 3.3.4 Threats 3.4 Situational Analysis using the TOWS model 4.0 Conclusion 1.0 Introduction This report is divided into two parts. Part 1 identifies and analyses the structure of the commercial aircraft manufacturing industry with emphasis on its two major players Airbus of Europe and Boeing of the United States. It then analyses the competition in the industry and the demand con ditions facing industry players. An analysis of the macro-environment using the PESLE model and highlighting the main factors that will impact the industry has also been presented. Part 2 summarises market forecasts prepared by Airbus and Boeing and highlights the differences. In order to determine the ability of both companies to deal
Tuesday, November 19, 2019
Critical Thinking Article Example | Topics and Well Written Essays - 250 words - 3
Critical Thinking - Article Example Since they are humans, they have the constitutional right to express themselves sexually (Higgins, 2008). Unfortunately, their disabled state puts them in great dangers as they often fall victim of sexual abuse and exploitation. Efforts by caregivers to protect them from such abuses could easily be misinterpreted as denying the disabled the right to sexual lives. This is in fact the conflicting part of their caregiversââ¬â¢ responsibility to the disabled. However, Bernert (2011) submit that care giving may be conducted in search a manner that guarantees maximum protection of the person with disability. For instance, such a person should be educated on matters pertaining to sex depending on their state. They should further be provided with equipment such as wheelchairs and allowed access to contraceptives. In addition, they can be helped foster good relationships that not only take note of their state, but that which is informed with the needs of such a person. It is only through this that the right of the persona with the disability can be guaranteed without the caregiver feeling like they are in a
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