...THOMPSON v. WESTERN STATES MEDICAL CENTER No.01-344.Argued February26, 2002—Decided April 29, 2002 NATURE OF CASE: Review of the restrictions on commercial free speech in relation to the advertisement of specified compounded drugs. PROCEDURAL HISTORY: Section 503A of the Food, Drug and Cosmetic Act, 21 U.S.C. § 353a exempts compounded drugs from certain provisions of the Food and Drug Administration’s standard approval requirements; provided that the distributors abide by certain restrictions, including advertising and promoting selected compounded drugs. The Act, however, did not prohibit the advertising of its effectiveness. The Central Hudson Gas et. Elec. Corp v. Public Serv. Comm’n of NY, 447 U.S. 557, 566 held that the restrictions directly advance its interests, or that less restrictive alternatives were unavailable. ISSUE : Whether a federal law that bans the advertising or promoting of particular drug compounds but permits advertising their effectiveness undermines freedom of speech as outlined in the First Amendment. FACTS: Pharmacists sometimes alter the physical form of a drug, or combine various drugs with a technique known as compounding. The process is used to meet the specific needs of a particular patient. The FDA and Modernization Act of 1997 prohibited such pharmacies from promoting and advertising these compounded drugs. The Act, however, did not prohibit them from advertising the effectiveness of the drugs. Western...
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...The Future of Cardiovascular Diagnostics THE MARKET, TRENDS & FUTURE DIRECTIONS Extracted on: 20 Apr 2011 Reference Code: BI00021-008 Publication Date: 02 Mar 2010 Publisher: Datamonitor © Datamonitor This content is a licensed product, no part of this publication shall be reproduced, sold, modified or stored in a retrieval system or transmitted in any form by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of Datamonitor. The information in this document has been extracted from published research by a registered user of the Datamonitor360 platform. Datamonitor shall not be responsible for any loss of original context and for any changes made to information following its extraction. All information was current at the time of extraction although the original content may have been subsequently updated. Please refer back to the website http://360.datamonitor.com/ to view the most recent content and the original source of the information. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to the facts of all publications. At time of publication no guarantee of accuracy or suitability, whether express or implied, shall attach to this publication (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Please note that the findings, conclusions and recommendations...
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...Lieutenant Philip B. Frothingham Memorial: The Lieutenant Philip B. Frothingham Memorial is located in the Western Promenade of Portland, Maine. Like many WWI monuments throughout Maine, the memorial is composed of a granite boulder and bronze plaque. Erected in 1921, and sponsored by the Frothingham Post of the Veterans of Foreign War (also a memorial to Frothingham), the monument was created in memorialization to the memory of Lieutenant Philip B. Frothingham. Born in Portland, Maine, August, 9, 1894, Frothingham was a resident of Maine until his death. Phillip B. Frothingham attended Hebron Academy, where he graduated in 1915. Many other graduates of Hebron Academy, including Harold T. Andrews (the first Maine serviceman to die in the war), went onto enlist in the war. After graduating Hebron Academy, Frothingham attended Dartmouth College, but quickly ended his studies to enlist in...
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...Peace Corps Volunteers Speak Out on RapeBy SHERYL GAY STOLBERG Published: May 10, 2011 Recommend Twitter comments (17) Sign In to E-Mail Print Single Page Reprints Share Close LinkedinDiggMySpacePermalink. WASHINGTON — Jess Smochek arrived in Bangladesh in 2004 as a 23-year-old Peace Corps volunteer with dreams of teaching English and “helping the world.” She left six weeks later a rape victim after being brutalized in an alley by a knife-wielding gang. Enlarge This Image Philip Scott Andrews/The New York Times Jess Smochek, who was raped in Bangladesh in 2004, advocates for former Peace Corps volunteers who were sexually assaulted. Related Times Topic: Peace Corps Enlarge This Image Philip Scott Andrews/The New York Times From left, Kate Finn, Meg Long and Casey Frazee of First Response Action, an advocacy group for former volunteers. Readers' Comments Share your thoughts. Post a Comment » Read All Comments (17) » When she returned to the United States, the reception she received from Peace Corps officials was as devastating, she said, as the rape itself. In Bangladesh, she had been given scant medical care; in Washington, a counselor implied that she was to blame for the attack. For years she kept quiet, feeling “ashamed and embarrassed and guilty.” Today, Ms. Smochek is among a growing group of former Peace Corps volunteers who are speaking out about their sexual assaults, prompting scrutiny from Congress and...
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...Porter mentions are; threat of entry, supplier power, buyer power, threat of substitutes and industry rivalry. Threat of entry The threat of new entrants into the market segment dominated by RIM is quite high. All the established companies in the mobile industry are possible entrants to the diversified communication services industry of RIM. Although RIM has up-to-now been able to take full advantage of its technological dominance in the market , there still remains the possibility of new companies to enter using older versions of the technology in a modernized and revamped way. A recently entrant to the market is Apple corp. with its iphone. Because of the dominance of RIM in its own lucrative segment it will always face the threat from new entrants. Supplier power The bargaining power of suppliers in the manufacturing face is considerably low in this industry, for instance, processors of the same architecture used by RIM is produced by many companies such as Intel, Freescale Semiconductor, Texas Instruments, Royal Philips Electronics, Samsung and STMicroelectronics. However, as I mentioned earlier there are different suppliers for the services that RIM is offering. RIM has to utilize the networks of existing mobile operators, and in some instances where there are a limited number or only one operator, the bargaining power of the supplier is elevated. Buyer power With increased choice of new smart phones in the market, the bargaining power of...
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...that Porter mentions are; threat of entry, supplier power, buyer power, threat of substitutes and industry rivalry. Threat of entry The threat of new entrants into the market segment dominated by RIM is quite high. All the established companies in the mobile industry are possible entrants to the diversified communication services industry of RIM. Although RIM has up-to-now been able to take full advantage of its technological dominance in the market , there still remains the possibility of new companies to enter using older versions of the technology in a modernized and revamped way. A recently entrant to the market is Apple corp. with its iphone. Because of the dominance of RIM in its own lucrative segment it will always face the threat from new entrants. Supplier power The bargaining power of suppliers in the manufacturing face is considerably low in this industry, for instance, processors of the same architecture used by RIM is produced by many companies such as Intel, Freescale Semiconductor, Texas Instruments, Royal Philips Electronics, Samsung and STMicroelectronics. However, as I mentioned earlier there are different suppliers for the services that RIM is offering. RIM has to utilize the networks of existing mobile operators, and in some instances where there are a limited number or only one operator, the bargaining power of the supplier is elevated. Buyer power With increased choice of new smart phones in the market, the bargaining power of buyers is rising...
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...Services income • The place of performance of the services • FCT v Efstathakis – Greek national worked for the Greek Press in Aust. → Source of income was Aust - performed relevant work • FCT v French – Australian engineer employed by Aust to work in NZ. → Service was performed in NZ, source of income was NZ • Other factors, such as place of contracting or place of payment may determine source • FCT v Mitchum – American actor entered agreement with Swiss co. Worked on film in Aust. Salary was paid in US. → NO Australian Source - No law stating that source of salary is where work is performed • Evans v FCT – Academic employed by University of Adelaide worked in Switzerland. Received study leave grant was paid in Australian bank account. → Australian source, basis of place of payment Business income • Permanent establishment • Place where business carried on • FCT v United Aircraft Corp – Taxpayer was US resident company, provided info (know how) to reps of an Australia co. who use info to manufacture aircrafts in Aust. Australia paid US. Deemed as royalty payments → No source in Australia – info was supplied in US, payments were not attributable to operations of US or to Australian property Interest income • The source of interest income is the place where the credit is provided: o The place of contracting OR o The place where the funds are advanced • Commer of IR v Philips Gloeilampenfabrieken • Business loans – Where business carried on Dividends •...
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...as a beef stew company and the reason a company should reinvent itself or its’ product is the new age and market and the exposure to a younger and faster group of consumers. A few of the reasons why a company should hire an external company is “You don’t have the time or energy to do it yourself.” Just like other marketing functions, consistent, strategic, and measurable advertisement is something that needs to be planned for and executed over a long period of time. Advertisement is something that only gets stronger as you put more effort into it. Another reason is to “Maximize a Launch: Most businesses understand how crucial launching a new product or service is to the success of your business. Advertisement is much more than just writing a press release and putting it over a wire service. Having a advertisement firm who can maximize media relations, social media, events, award opportunities and other marketing related activities in conjunction with a major release can give you boost up as you launch your product. Utilizing an outside agency for your launch you need to make sure that you have a system in place once the launch is over to continue all the energy and the momentum you have built. Also to “Revitalize a...
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...Although the Tuskegee Airmen were not the first black service members to distinguishably serve their country, they were able to do so during a time of progression in the black community and turmoil in the world. The Tuskegee Airmen represented the diverse and deeply patriotic African American population on an international front. After World War I, several studies were conducted, in reference to the role that African Americans played in the military. The results were biases and based in prejudice and stereotypes of the past. “The study concluded that black men were cowards, poor technicians and fighters, lacking initiative and resourcefulness. The study also stated that the Negro was a subspecies of the human population.” The study also reported that the average brain of a black man only weighed thirty-five ounces compared to the forty-five ounces of an average white man. These test results provided more than enough evidence for military leaders that the military need to continue its practice of segregation. With World War II quickly advancing on the heels of America, the War College was commissioned to do another study into the role of blacks in the military. This study did not differ very much from the previous report, but it did suggest that more blacks be allowed to join the Army. Despite the need for more soldiers, this did not change the positions that blacks were given and they were still not allowed to join the Army Air Corps. In September of 1938, it was clear that the United...
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...1.0 Exclusive Summary The purpose of the strategic essay is to introduce a new white goods outlet at Sydney. In order to successfully enter the target market and launch the store, managers need to carefully manage, operate and design appropriate market strategies. With the development of economic globalization, the relationships between the enterprises are becoming closer. And the enterprises are facing increasingly intense competitions with each other. In this rapidly developing society, marketing is more important for enterprises than ever before. Using the appropriate marketing concept to settle the issues between enterprises and customers is the key to success. This paper chose Sydney as the target location to open a white goods outlet. As the largest city in Australia, Sydney has a population of about 4.4 million spread over 12,000 square kilometers. Sydney is a metropolitan and tourist attraction center which attracts lots of visitors and foreigners from all over the world. The consumer base of Sydney is huge and the demand for high quality appliance and facility large. This paper is a critical analysis which describes the existing market environment and industry information. The paper firstly gave a brief introduction about the local retailing industry. The following part of the paper defined the mission and the marketing objectives of the target white goods outlet and re-emphasis on the Five Forces model. Implementation plan is more explicit which describes the market...
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...marketing. How they chose to invest the majority of their marketing budget back in their customers, to give the ultimate Harley experience and way of life. And how all of the above translate to exceptional brand loyalty and growing sales in traditional and new demographics. 3 The Lifestyle Harley-Davidson has positioned itself as a way of life, with an extremely loyal and growing customer base. Harley Davidson’s H.O.G (Harley Owners Group) has about one million members1, and it is being referred internally as the ‘Original Social Network’ 2 H.O.G. members enjoy benefits such as a magazine subscription (Hog Tales and Enthusiast), the H.O.G. Touring Handbook, a dedicated roadside assistance service, an insurance program that was designed specifically to their needs, a theft reward service, a travel center, and a “Fly & Ride” program allowing H.O.G members to rent Harley-Davidson bikes wherever they fly3. In addition, Harley-Davidson encourages their customers to customize their bikes and make it ‘their own’. They are community members who take pride in their creation and/or special connection to the community by personalizing their motorcycle and giving it their own personality. As a result (or as a cause), Harley’s customers, and H.O.G members are extremely engaged and are being brand advocates throughout the country and the world4. Demographics Traditionally, the ideal Harley-Davidson customers were Caucasian men ages 35-plus5.. However, in recent years Harley-Davidson...
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...WS5 Case Study Paper Christina M. Barden Indiana Wesleyan University WS5 Case Study Paper The initiatives and promotional strategies of organizations and corporate substructures differ greatly depending on each particular entities goals, interests, and objectives. While many choose to implement specific strategies to open up and increase their consumer market, some utilize techniques that are limited to maintaining current standings, as well as the groups that focus more on corporate agendas. The primary consideration is often times and more often than not intended to pinpoint a select group or favor a reserved population. In most cases, it is the ambition of those involved to identify exactly what these needs are and define it in a manner in which is easily introduced to those who need the information. It is best done by clearly establishing what the product is and how it is in fact different from the rest of the market, creatively introducing ways to increase and grow sales, stabilize sales, and showoff the value of what is already on the market (Kotler, 2009). Colgate is not new to the world of marketing; in fact, they have been marketing to the populations worldwide for decades (www.colgate.com). The marketing team in place for Colgate is responsible for the development and implementation of plans that are directed at the “establishment and maintenance of current and long range...
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...| |1876 | |[[Thomas Edison]] opens a new laboratory in [[Menlo Park, New Jersey]], USA | |- | |1879 | |[[Thomson-Houston Electric Company|Thomson-Houston]] formed | |- | |1890 | |[[Edison General Electric Company|Edison General Electric]] formed | |- | |1892 | |Edison General Electric and [[Thomson-Houston Electric Company|Thomson-Houston]] merge to become [[General Electric|The General Electric Company]] | |- | |1892 | |[[Charles A. Coffin]] becomes the first President of General Electric | |- | |1893 | |[[Thomson SA|Compagnie Française Thomson-Houston]], a sister company to General Electric which would become Thomson, formed in Paris | |- | |1896 | |General Electric made a component of the [[Dow Jones Industrial Average]] | |- | |1905 | |The Electric Bond and Share Co., the forerunner of [[GE Commercial Finance]] is formed, with the goal of providing financing to small utility companies<ref name="ge_flash_history">[http://www.ge.com/innovation/FLASH/timeline.html General Electric official history]</ref> | |- | |1911 | |National Electric Lamp Company (NELA) is absorbed into General Electric's existing lighting business and GE establishes its lighting division headquarters at [[Nela Park]], the world's first industrial park, in [[East Cleveland, Ohio]] | |- | |1912 | |General Electric begins using [[phenolic resin]]s to mold plastic parts<ref name="ge_flash_history" /> | |- | |1913 | |[[Charles A...
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...BASIC RIGHTS OF THE MILITARY CHAPLAIN CHPL 600 Theological Perspectives in Military Chaplaincy The rights, protections, and freedoms of military chaplains come from many sources, both from within the military and from the federal law. Of course, the most significant protection of a chaplain’s rights comes directly from the First Amendment of the Constitution in that the government will not prohibit the free exercise of a specific religion. Over the years the rights, and even the presence, of the military chaplain have been challenged on several fronts and each time, the rights of chaplains to serve and worship have been affirmed. Similarly, the right of a military chaplain to pray in their specific tradition, as opposed to using a more plural or general prayer has been challenged. The challenge was heard by the Supreme Court, referred to as Engle v. Vitele, and the result was that “the government cannot prescribe by law any particular form of prayer which is to be used as an official prayer in carrying on any program of governmentally sponsored religious activity (Kurland, 1961).” Many took this to mean that all public prayer then had to be non-specific, and others that this merely meant that the government could not issue a standard that might indirectly end up supporting or creating a single religious group. Therefore, in order to definitively protect the chaplain’s denominationally or traditionally specific right to pray, House Resolution...
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...District of New York in late 2001 and selected Weil, Gotshal & Manges as its bankruptcy counsel. It emerged from bankruptcy in November 2004 after one of the biggest and most complex bankruptcy cases in U.S. history. On September 7, 2006, Enron sold Prisma Energy International Inc., its last remaining business, to Ashmore Energy International Ltd. Following the scandal, lawsuits against Enron's directors were notable because the directors settled the suits by paying very significant sums of money personally. The scandal also caused the dissolution of the Arthur Andersen accounting firm, affecting the wider business world.[3] In November 2004, Enron Corp. emerged from bankruptcy pursuant to a Bankruptcy Court approved plan of reorganization. The new board of directors decided to change the name of Enron to Enron Creditors Recovery Corp., and has focused on a sole mission: to reorganize and Page 1 02/14/10 liquidate certain...
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