...Writing on behalf of the majority opinion, Justice Oliver Wendell Holmes first introduced the clear and present danger test, which addressed the concept of when is it permissible for the nation to restrict its citizen’s freedom of speech. However the Schenck case never formally adopted the test, but merely introduced it as a refinement of earlier legal thinking/ doctrines. With regard to the pros and cons of the preceding case in which Justice Holmes established the aforementioned test, concerning the ability of the government to regulate speech against the draft during World War I, Holmes himself stated "The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that the United States Congress has a right to prevent.” Meaning in effect that the baseline pros of using a doctrine like that of clear and present danger is the protection of the public and the government itself from the threat represented by certain mediums of expression or explicit content that represents harm or potential harm. “It is a question of proximity and degree. When a nation is at war, many things that might be...
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...KONE: The MonoSpace Launch in Germany Case Study Problem Statement: By 1996, KONE’s financial condition in Germany had deteriorated compared to previous years. Forecasts were bleak indicating little to no improvement for the near future. KONE business director, Raimo Hatala anticipated the launch of KONE’s latest offering, MonoSpace to improve the company’s financial position. Conversely, as initial test markets began, fears about the product’s ability to master the German market were raised. Hatala contemplated a successful entry strategy that would position the product appropriately and permit the company to leave a durable impression on the German market. Before the launch of MonoSpace in Germany, it was test marketed in select countries. Merely 40 units were sold in France although 300 were expected, even worse, no units were sold in the United Kingdom. The market became saturated; the construction boom terminated abruptly and demand for elevator gear was projected to fall by 15 percent. Competition for new installations was intense, large companies sold their equipment at or below cost to customers. Service contracts were commonly closed with companies that originally installed the equipment. Six major companies dominated the German market in 1995: Schindler, Otis and Thyssen, with KONE placing fourth. 150 small local companies, as well 30 mid-size players comprised the total market share. This resulted in a fragmented market. The largest construction...
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...Melissa Hammond PSY/211 September 22, 2014 Jessica King Personality Paper Personality refers to an individuals’ unique psychological makeup and how it consistently influences the way a person responds to his or her environment. Both personality and situational factors play a role in determining each individuals’ behavior. Personality is incorporated in many activities such as: A persons choices of leisure activities, political perspectives, aesthetic tastes, and Lifestyles. Scientists are unsure whether personality is a learned trait or whether it can be genetically passed on from family member to family member; there may be a possibility that both are true. Today, psychologists have identified four perspectives of personality. (Holmes) Understanding Trait perspective, researchers believe they can better comprehend the differences between individuals. Trait personality is determined by a number of set, relatively unchanging traits. Some theorists believe that there are thousands of different traits that make up human personality. Raymond Cattell’s theory identified 16 personality traits that he believed could be utilized to understand and measure individual differences in personality. Where as Robert McCrae and Paul Costa: Introduced the big five theory, which identifies five key dimensions of personality: 1) extraversion, 2) neuroticism, 3) openness to experience, 4) conscientiousness and 5) agreeableness. Socio-cognitive theorists argue that personalities are direct...
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...Name 12/10/12 English Research Paper Section 1 “Should The Death Penalty Be Legalized?” I. Although the death penalty is in decline, the “Golden Age’ of capital punishment in the United States peaked in the year 1999, where there were a total of ninety eight executions (“The Tide Shifts Against the Death Penalty” 1). This was the highest number seen since 1976. Advocates of the death penalty feel that the fear of death will make criminals think twice before committing a crime. However, opponents of the death penalty feel that innocent people are too often sentenced to death for crimes they did not commit. As to any argument, there are pros and cons of the death penalty. Is the death penalty just a punishment? Do certain crimes cry out for the death penalty? Does it violate the United States Constitution? Does it deter crimes? As of January 1, 2008, the number of people on death row in the United States since it originated is 3,263 (“The Death Penalty in the U.S. 1976-2008” 1). II. The most common means of executing prisoners on death row is by lethal injection. Some claim that this violates the Eighth Amendment prohibition against cruel and unusual punishment (“The Tide Shifts Against the Death Penalty” 1). There are other methods of execution in the United States, such as firing squad and electrocution. There are thirty seven states in the U.S that use the death penalty (“Death Penalty Information...
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...A Literature Review of Unethical Behavior of Sales Agents Marilia Gabriela Vieira De Melo Franklin Pierce University Table of Contents Introduction ………………………………………………………………………… Introduction Business ethics has many issues that are relevant in many aspects of business. This type of behavior begins mostly because of the relationship between the salesperson and the buyer or buying organization. That relationship can be led by a great ethical attitude which will create a nice environment and a good brand image or by an unethical behavior that may do the opposite along with the time. Unethical behavior are a type of issue in the business world that sales agent probably see as the easiest way to go in the sales moment. Sales agent have to make decisions in the rush or pressure of a sales moment in response to customers, demands, and competitive offers which may end up creating a tendency for ethical conflicts. Ethical and unethical behavior affects customers and companies directly but there is different type’s ways suggested by studies to prevent and keep ethical behavior. Background In the article “Ethical Salesperson behavior in Sales Relationship” the authors Hansen & Riggle agree that ethics deal with “ moral judgments, standards, and rules of conduct, comprises a moral code of conduct governing individuals and societies in determining what is right or wrong”. The authors complete it saying that “ethical behavior in the sales relationship context denotes behaviors...
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...Business Structure Advice FIN/570 Arnold Harvey Victoria Holmes 4/20/15 Dear John Owner, thank you for contacting me about wanting to start up your business. Here is what you will first need to know. Step one is identifying which business structure you plan on setting up. The choices are sole proprietorship, partnership, LLP (limited liability partnership) and corporation. Since you asked to be informed of each before making a decision, I will give you a small break down and its tax advantages and disadvantages. Sole proprietorship is a company owned by you or the person planning to start the business. The major pro is that you will be your own boss. The major con is that you as the owner are responsible for everything. Tax wise, the taxes are claimed on your individual taxes. The good thing here is there may be a tax break for your first start up. The bad is that it will be included in your income and if you did not pay enough taxes, then you will end up owing the IRS money. Only decide this option if you are sure you want to only work for and by yourself. Partnerships are ideal if you are looking to split the company down the middle. It is easier on you because you can share the responsibilities of the company. You can decide to form and LLP, which gives a partner limited liability if anything should go wrong within the company. The tax situation is still the same as a sole proprietorship. Each partner must file for the company on their personal taxes. Corporations...
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...Literαture Review Introduction The study αims to reseαrch αbout one populαr mαrketing strαtegy: celebrity endorsement. Indeed, even though celebrity endorsement represents some risks, it is α lαrgely used method to reαch competitive αdvαntαge by compαnies. Todαy, compαnies spend millions eαch yeαr for the endorsement of their products/services by celebrities. It is αlwαys a greαt chαllenge for mαrketers to determine the meαning consumers αssociαte with the brαnd in order to select the right celebrity αnd to build the right celebrity endorsement concept. This study αims to investigate “Consumer buying behαvior on celebrity endorsement in women clothes industry” The objective of this project is to investigαte whether celebrity endorsement, αct αs α source of effective brαnd mαnαgement, hαve impαct over the purchαsing behαvior of customers, evaluαte αssociαted fαctors thαt contribute to the success or fαilure of the endorsement. The objectives of the research are: 1. To do α study αnd αnαlysis αs to why αnd when brαnds use celebrities αs endorses αnd whαt kind of risks αre involved 2. To identify the influence of celebrity endorsement on consumer buying behαvior. 3. To study celebrity endorsement αs a marketing communication strategy. The survey will be conducted in Greece αnd primary dαtα will be collected from consumers using structured questionnαires αnd αlso compαnies will be interviewed αbout their celebrity endorsement strαtegy. The reαson why I...
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...just lead to the vast majority of people being unarmed when being robbed also the criminals can always get a hold of guns whether that be legally or illegally. The gun control laws should be less strict because the laws would not drop crime rates and it would make it more difficult for citizens to defend themselves. With the most deaths in the U.S having to do with guns it would make sense if you take guns out it would drop the killing ratio. Obama says that tightening gun control by banning assault rifles and making more thorough background checks can help lower the crime rate dramatically. Mass shootings mostly if not always involve an assault weapon of some type. When the mass killing spree in the Colorado movie theatre involving James Holmes (alleged shooter) killing twelve people and harming many more with an assault rifle...
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...How Did Fannie Get on the Wall in the First Place? Fannie Mae was established to facilitate the perceived social responsibility in the United States of encouraging the growth and affordability of housing, especially for disadvantaged groups. During the period in which Franklin Raines was at the helm, the company could seem to do no wrong, garnering recognition for many socially responsible accolades, being “near the top of everyone’s ‘best’ list” (Jennings, 2010, p. 268). For a company, is social responsibility the only mandate? Perhaps for Fannie Mae who was established by federal charter to meet such a mandate, this might be the case, but Milton Friedman argues that “there is one and only one social responsibility of business . . . increase its profits” (1970, para. 33). This author believes that if a company does not minimally maintain cash flow, or “real” profits, over the long term, it will be unable to meet any contrived social responsibility or survive. How an organization goes about maintaining or increasing cash flow brings into play the idea of governance, which “comprises the roles, responsibilities, and balance of power among executives, directors, and shareholders” . According to Aguilera and Cuervo-Cazurra (2004) there are two purposes of corporate governance policy; improving quality of governance (or the running of the company), and increasing accountability of the leadership. Fannie Mae’s leadership was fixated on a single indicator of company success...
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...wearing a new shirt, you probably hear from your friends: “That shirt looks nice on you”. Those utterances are called compliments which are used to show that someone likes someone else’s appearance, belongings, or work etc. Due to different cultural background and social values, English and Vietnamese native speakers have different norms of complimenting as well as responding to compliments. In this essay, I will discuss the notion of compliment made in American English and Vietnamese in terms of topics, formulas, and responses. First thing first, let have a look at the definition. Definition of compliment Cambridge dictionary defines a compliment as “a remark that expresses approval, admiration or respect”. In linguistics, Holmes (1986, p.446) wrote “A compliment is a speech act which explicitly or implicitly attributes credit to someone other than the speaker, usually the person addressed, for some ‘good’ (possession, characteristic, skill, etc.), which is positively valued by the speaker and the hearer.” So, through compliments, people can build up solidarity by providing positive evaluation, appreciation for good deeds, praise for achievement, or worsen relationship by intentionally or unintentionally abusing compliments, which make the complimenters somewhat too flattering. Mark Twain once said, “I can live for two months on a good...
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...11/20/15 Did you know that the country of Switzerland has one of the lowest crime rate in the world? According to the United Nations, Switzerland has been ranked the lowest in the world consecutively for crime. This has sparked the debate of whether gun control is necessary to diminish crime and many pro gun advocates, look at Switzerland as proof that it is false. To get into this heated debate, it is important to understand the term gun control. Gun control is defined as laws that control the selling, owning, and use of guns (Webster's Dictionary). Like in any debate there are always two very different stance on this topic. PRO Pro gun control advocates argue that having strict gun laws will decrease the nation's crime rate. They also point out that having tougher gun laws will save lives by avoiding any more public massacres. To the eyes of a gun control advocate, it seems like a no brainer. After all, the less guns on the street will result in less gun related deaths. In the United States, 33,636 people have died due to a firearm in 2013 (Alpers, Philip).That number accounts for murders, homicides and suicides across the country. Thousands of people that year lost their life due to a firearm incident and the number keeps growing each year. Many gun control advocates wonder why it is so difficult to implement stricter gun laws in the world's greatest democracy. The misinterpretation of the second amendment is what's holding back the U.S. Many people that are against...
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...Daniel Howard Assignment #1 – “How Personal Can Ethics Get?” Professor: Ronnie Holmes Leadership and Organizational Behavior 4/24/2011 1. Discuss how personal differences and preference can impact organizational ethics. Personal differences and preference strongly impacts organizational ethics in an array of ways. Who decides what is right and wrong in the organization? Does the organization cater to diversity? Are the organizations codes and conducts pertaining to ethics being followed and enforced? Personal difference and preference are major determining factors that impact what is considered ethical from an organizational perspective. Diversity is the most important competency that impacts organizational ethics. In an organization there are many categories of diversity that distinguish each of its members. There are key attributes of the diversity competency that include the knowledge, skills, and abilities of individuals, teams, and the organization to be effective. Those attributes include fostering an environment of inclusion with people who possess characteristics different from themselves, and learning from individuals, teams, or organizations with different characteristics, experiences, perspectives, and backgrounds. Diversity of thought and behavior is vital to stimulating creativity and innovation, embracing and developing personal, team, or organizational tendencies—such as conscientiousness and attitudes that demonstrate respect for people...
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...Assignment 4: Communication, Power, Ethical Guidelines Strayer University Outline the actions you would take to address major communication issues in a situation. Explain how these actions would improve the effectiveness of communications during the negotiation. Three of the most common types of communication problems are parties refusing to talk to each other, parties are not listening to each other, and when parties misunderstand or misinterpret each other. The actions that I would take to address major communication issues in a situation are (1) separate the people from the problem, (2) focus on interests, not positions, (3) invent options for mutual gain, (4) insist on objective criteria and (5) know what your alternatives are. First separating the people from the problem can help to separate relationship issues from what is important and allow parties to deal with them separately. Fisher, Ury, and Patton (1991) state “People problems, tend to involve problems of perception, emotion, and communication. Effective negotiation can be difficult to achieve when the parties involved have a different perception of the dispute. Second when negotiators are able to focus on their true interests and needs they can negotiate about the things that they really want and need and not what they say they want or need because they aren’t always the same. Parties often take positions that are created to oppose the other party’s position and when...
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...equipment and supplies (Centers for Medicare and Medicaid Services, n.d.). Unfortunately, according to the Medicare National Coverage Determinations Manual (2012) it does not reimburse Complementary and Alternative Medicine services. The author proposes that Complementary and Alternative Medicine should be included in Medicare’s coverage for elderly disabled people as part of an integrative approach to their care. The use of Complementary and Alternative Medicine (CAM) offers the elderly disabled person an additional option in ways to improve their quality of life. Almost half of older adults have a functional limitation and this has a direct relationship with their ability to live independently and in their overall quality of life (Holmes, Powell-Griner, Lethbridge-Cejku, & Heyman, 2009). Studies have shown that despite Medicare’s refusal to cover such services, the prevalence of...
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...Business Proposal ECO/561 J. Carl Bowman 1/20/14 Victoria Holmes Google Chromecast is just the latest invention to enter into the competitive market of online streaming. It plans on competing with the likes of Apple TV, Hulu Plus, and Netflix. The new product features as an HDMI plug in that is used to plug into any device to access movies and TV shows. Its main competitor was the Belkin Miracast, which happens to offer the same service for a more expensive price. Goggle itself has operates under the oligopoly market structure. The way they are acquiring and also buying out other companies and search engines, it would seem as if they are planning to end up as a monopoly. The Chromecast product also falls under the oligopoly market structure. As Belkin is the only other service provider to offer these functions via HDMI USB ports. Depending on the amount of units sold would we be able to determine the elasticity of the Chromecast. Since its release, the amount skid has been undisclosed. Let’s take it that Google wants to sell one million units of its Chromecast, according to the elasticity definition: “A measure of a variable's sensitivity to a change in another variable. In economics, elasticity refers the degree to which individuals (consumers/producers) change their demand/amount supplied in response to price or income changes.” (Investopedia) You want the elasticity to be one or greater. The more people that buy...
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