Wednesday, April 29, 2020
Oli Analysis for Disney Into China free essay sample
Under theà Berne Convention for the Protection of Literary and Artistic Works, the signatory states are required to provide copyright protection for a minimum term of the life of the author plus fifty years, but they are permitted to provide for a longer term of protection. (Theà United Statesà did not become a Berne signatory until 1988, but had previously provided for the minimum copyright term the convention required in theà Copyright Act of 1976. ) The Walt Disney Company created numerous classical animation images which all enjoy copyrights. In other words, Ownership advantage relating to the possession and exploitation of monopoly power,which undoubtedly created an entry barrier. B)resourceamp;capability Pixar Animation Studiosa subsidiary of The Walt Disney Company, is an Americanà computer animationà film studioà based in California. The studio is best known for itsà CGI(Computer Graphics Interface)-animated feature films. Pixar has producedà thirteen feature films, beginning withà Toy Storyà (1995). We will write a custom essay sample on Oli Analysis for Disney Into China or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page It was followed byà A Bugs Lifeà (1998),à Toy Story 2(1999),à Monsters. Inc. 2001),à FindingNemoà (2003),à The Incrediblesà (2004),à Cars(2006),à Ratatouilleà (2007),à WALL-E(2008),à Upà (2009),à Toy Story 3à (2010),à Cars 2à (2011), andà Brave (2012). Twelve of the films have received both critical and financial success. The sudio has earned 27à Academy Award,sevenà Golden Globe Awards, and elevenà Grammy Awards,among manyà other awards and acknowledgments. In other words,ownership advantage relating to the possession of scarce,unique and sustainable resources and capabilities, which helped Disney to attain market power and cost advantage. One of the major risks of joint ventures is the probability of a partner stealing the otherââ¬â¢s capabilities in order to later compete on its own. Nonetheless, Disneyââ¬â¢s resources and capabilities are so rare and inimitable that this risk should not be reason enough for considering other options. In other words, technology risk is almost non-existent for Disney, since other companies might copy the rides, but they will never be able to copy the Disney experience, which is attributed to its resourceamp; capability. 2,The human resource is another key ownership advantage of Disney. ecruiting the right and instilling in them Disney culture an essential part of building a unified workforce. ââ¬Å"we hire for attitude, not aptitude. â⬠Disney recruits, selects, and trains everyone who works with the company in the same wayââ¬âwhether cast members or third-party employees. Disney uses its unique corporate culture to unite all workers in a common goal: to help the guest . Competencies of managers Disney cast members arenââ¬â¢t just hired for a job; they play a role in the ââ¬Å"show. â⬠Every aspect of the casting (hiring) process is a presentation of the Disney culture. In essence, Disney begins the training process even before a new cast member is hired. For example,the whimsy of the casting building is designed to ease the minds of anxious applicants, while communicating the rich Disney heritage. Early in the process, candidates can view a film depicting what it is like to work at Disney. The film also communicates conditions of employment. After viewing it, a small percentage of candidates self-select out of the process. This is a good thing, since those candidates might not be ââ¬Å"right fitâ⬠for the cultureââ¬âand Disney might not be right-fit for them. This process not only saves time and money, but it leaves the applicants feeling good about themselves and Disney company. During the interview process, casting professionals will base the hiring decision on work experience, personality and educational background. By the time they go through their interview, candidates will have a basic picture of the Disneyââ¬â¢s culture and expectations. Disney shows their employees how their efforts affect the overall resident experienceââ¬âeven if they donââ¬â¢t interact with residents directly. When the staff sees the big picture, they also see how vital their roles are in the business. Teaching employees how they fit into Disneyââ¬â¢s overall operation and demonstrating how their role contributes to Disney facilityââ¬â¢s overarching goal breeds unity and solidifies the corporate culture. At Walt Disney Worldà ® Resort alone, there are over 2,000 job classifications, but everyone understands the goal and operates on the same page. Disney trains every cast member in the same way, no matter what job, and goes to great lengths to ensure that cast members understand the companyââ¬â¢s heritage and purpose. This helps them feel connected to the company, and to their jobs. Disney has a Center for Excellence which is geared to help cast members succeed in their role of delivering exceptional quality service. In addition, Centers for Excellence serve as local learning sites that offer a variety of technical, job skill, and interpersonal training courses which cast members can take online free of charge. The end result is a team of cast members that is equally skilled and guest-focused. Training is reinforced through ongoing efforts, such as mentoring, continuing education, and leadership training, contributing greatly to a culture of excellence. Location advantage As global as possible,as local as necessary. First,In the case of Disney, it is a horizontal FDI, thus it may be profitable for Disney to be close to their consumers. The reasons are as follows: ââ¬â the existence of trade barriers in the form of tariff quotas, transport costs etc. ââ¬â on-site provision of the services is an inherent part of the Disneyââ¬â¢ business (e. g. recreation facilities) Second, production costs is lower in Hong Kong, the reasons are as follows: ââ¬â lower wages in developing countries(In Hong Kong Disneyland case, there is cheap labor force flow from Eastern coastal provinces) ââ¬â better infrastructure and close ties to external input suppliers from mainland China. Third, demand related variables (market potential) China has the worldââ¬â¢s largest population and one of the fastest growing economies, which makes it an extremely attractive market for Disney. Disneyââ¬â¢s animated characters are popular throughout the country; Mickey Mouse Magazine is the number one childrenââ¬â¢s magazine in China. According to the statistic in Chinese government, The population under 15 years old child is around 221,640,000 in 2011, which means there is a large market potential in China. (In 2005, itââ¬â¢s a major milestone in their approach to China, with the successful grand opening of Hong Kong Disneyland. This phenomenal new theme park introduces Disney to a broad new audience. ) In theory Disney should be capable of running the park by itself, but the power and influence of the Chinese government is so high that a joint venture seems to be the less risky option . Asia is a complicated market and it usually pays to not only have the government on your side, but to have it as a major investor. It also benefits the venture to have a local partner with deep knowledge of traditions and customs. Thus, from an institutional and cultural point of view the selection of a joint venture was justified. Internalization advantage For Disney, In-house production is more profitable than outsourcing, licensing, etc. The reasons are as follows: ââ¬â Contractual imperfections induce Disney to exploit its ownership advantage internally rather than licensing its product/process to a third party. To capture coordinating
Friday, March 20, 2020
Deerslayer essays
Deerslayer essays 2. Clearly stated characteristics in individual sentences 3. Clearly stated support of the characteristics The excerpt from The Deerslayer by James Fenimore Cooper is a good example of Romanticism. The first characteristic of Romanticism that fits this excerpt is focuses on a individual. It focuses on Natty Bumppo. He was the main character in the story. It told all about when he got captured by the Hurons. Also how the tortured him. The second characteristic of Romanticism that fits this story is Interest in the past, because this book was written in that 1840s and took place in the 1740s. The third characteristic of Romanticism that fit this excerpt is love of country, because he wrote about an old New York colony. The fourth Characteristics of Romanticism that fits this excerpt is emphasis on emotions. Bravery was shown by Natty Bumppo when the hurons were throwing Tomahawks at him, and he didnt even blink, or when they were throwing knifes and shooting rifles at him he still didnt blink. This story also showed love by Chingachgook when he went back to rescue Natty Bumppo. Respect was also show in this story by the hurons toward the Deerslayer when they were throwing weapons and shooting rifles at him, and he didnt blink. That is why this story is a good example of Romanticism ...
Wednesday, March 4, 2020
Top 10 GRE Test Tips for Improving Your Score
Top 10 GRE Test Tips for Improving Your Score Congrats! You made it through undergrad, and now, youd like to take the GRE and head to graduate school for a few more years of the same. If that describes you, then these GRE test tips are going to come in handy. 8 GRE Hacks for the Verbal Section GRE Test Tips to Live By Answer every question. The GRE is not the time to skip questions youre unsure about. No one cares if you truly dont understand something and have to randomly guess. You arent penalized for guessing on the GRE (unlike the SAT), so its in your best interest to answer every single question offered to you, even the ones you dont like. Be sure of your answers especially when taking the Computer-Adaptive GRE. You cant go back to answer something because the screen will be gone. On the Paper-Based Test, you can skip a question and return to it later if you need to, but on the computerized version, youll simply get a zero if you leave something blank. So make the correct choice the first time around! Use the scratch paper. You will not be allowed to bring paper to the testing center with you, but you will be provided with scratch paper. Use it to help solve math problems, outline your essay for the writing portion or write down formulas or vocabulary words youve memorized before the test. Use a process of elimination. If you can rule out even one wrong answer, youll be in a much better spot for guessing if it comes to that. Instead of looking for the right answer per se, look for the least wrong answer. Most of the time, youll be able to narrow down your choices to two, which obviously gives you much better odds of getting the question right. Spend more time on difficultà questions. Chances are good that youll be taking the computerized version of the GRE, so the scoring is scaled: harder questions equal more points. Even if you miss quite a few easy questions and get a smaller percentage of the harder ones correct, your score will be much better than if you answered all of the easy ones correctly and only answer a few difficult ones right. So plan your time accordingly. This is one of those GRE test tips to memorize. Pace yourself. You may be a dreamer in real life, but taking the GRE is not the right time to wander mentally off into space. Youll only have about o ne minute per question for the verbal section and approximately two minutes per question in the math section. Two minutes may seem like a long time to answer a math question, and it would be for the easy questions, but once youre doing some serious computing, youll realize that the time is whittling away. So dont waste it. Dont second-guess yourself too often. Statistics suggest that your first answer choice is usually correct as long as youve prepared well for the exam and have a solid knowledge base. Do not go back through the test and change your answers on the paper exam unless youve discovered information that leads you to a new conclusion or you realize that you didnt give yourself enough time to thoughtfully consider the question on the first try. Mentally manage your stress. Once youre sitting at the desk or in front of the computer screen, your ability to physically do too much to manage your stress about the GRE and its implications for your future dwindles. So, your best bet is to manage your stress mentally by repeating a positive phrase or envisioning the end result of all your hard work. In the reading comprehension section, read the answers first. Instead of plunging ahead into the text, read what you need to be looking out for. Youll save time and score more points by reading the answe r choices before you read the text. Outline. It may seem like old hat, but you cant disregard the GRE writing section. Before you start writing, make sure you take five minutes to outline what youre going to say first. Your organization and thought process will be much higher if you do. Thats it! These GRE test tips will be sure to help you get that GRE score you want.
Monday, February 17, 2020
Appreciate Differences and Similarities in Texts Essay
Appreciate Differences and Similarities in Texts - Essay Example These articles directly targets rudimentary readers. Level of education of readers and their class These types of readers mostly belong from upper senior, high school level where their main task is to do straightforward analysis. Get the relationships between the documents, do a critical analysis and make general conclusions from this. Students in this level of education get mainly interested in entertaining articles that they can easily put into practice their reading and understanding analytical skills. The two articles in question are admirable examples that high school level students may be materially interested in as they go along with their basic reading abilities that vary from independent, instructional and frustration. Writing techniques used by the writers In the two given articles, just like other written materials, they contain a wide variety of writing techniques that help to appeal t the readers and help convey the intended message with a clear understanding. There is m any writing technique s that writers involve in their works of writing. These writing techniques need to have a deliberate impact to the readers. ... The first article is ironical. It is not logical for humans to complain on the violation of animals rights when involved i8n testing of new medicines, while the medicine that is being tested is for ensuring human survival. In the same article, it is rather ironical that humans complain on animalââ¬â¢s torture in medical tests, while humans do them in order to ensure that the animals too also can survive as animals medicine do exist too. ââ¬Å"â⬠¦Ã¢â¬ ¦.yet it is not only humans who benefit from medical science. Researching on animals has also led to many advances in veterinary medicine practices. Dogs can now be protected against distemperâ⬠¦.cats can now be immunized against enteritis and cat flu.â⬠The writer portrays verbal irony in this article as the writer contradicts the human party stand. Different impressions created by the two texts The writers in the two articles give an array of mixed fillings. The writer in the first article gives the reader no clear pe rspective on his article. In addition to giving mixed emotions, they are also widespread all over the article. In the first paragraph, he talks about humans and death and makes no substantial deal out of it. He makes it look like a normal thing and gives it some improvement that life expectancy has improved from the past times. However at a point in the article, he talks tells how humans make use of animals for their own benefits. He questions it to be either a matter of animals right or human ill. At this point, the writer creates an impression that humans are being unfair to animals. The writer portrays this, as an act of selfishness by humans. Before this the writer says,
Monday, February 3, 2020
Reflection Paper on The Game Diplomacy Essay Example | Topics and Well Written Essays - 1250 words
Reflection Paper on The Game Diplomacy - Essay Example We were excited to get to once again see each other and couldnââ¬â¢t wait to catch up on what we had done, or had happened to us over the course of spring break. Needless to say, my friend had had a more interesting spring break as his grandparents lived in California at a location that was relatively within walking distance from the sea. I on the other hand had merely spent the entire spring break away on a scoutââ¬â¢s summer camp. My best friend excitedly told me that while on holiday visit at his grandparents, his grandfather had taught him how to play an interesting board game called diplomacy which although having proved to initially be quite complex, had eventually proved to be much more fun than all the games that we used to play. He promised me that once I got hooked on the game, it would be quite difficult for me to go back to enjoying the old games that we used to play. While I was thrilled with the prospect of learning a new game, I also had a bit of apprehension as its name did not sound as flashy or as interesting as some of the other games that we used to play. We agreed to call up a few of our games playing buddies so that we could meet up at my friendââ¬â¢s house the very next day and get a chance to play diplomacy on the board that he received from his grandfather as a present. As we all enjoyed the challenge of mastering a new game, we soon found ourselves hooked to the game and continue to play the game to this day. Diplomacy is essentially a game in which negotiating skills and diplomacy are used in a quest to try and control Europe. The game is set to begin in the years before World War I and is played by seven players who each represent the major European powers of the time which were France, Austria-Hungary, England, Turkey, Russia, Italy and Germany. Each player is randomly assigned a nation that they will
Saturday, January 25, 2020
Management Theory Analysis Of Case Study Business Essay
Management Theory Analysis Of Case Study Business Essay In present, the success of an organization significantly depends upon its management and the theories or designs adopted by it for successfully handling its different aspects. The concept of management is been used from last several years but applied in different manner. The different use of management has been evolved in the form of management theory. The concept of management theory has developed from classical theory, bureaucracy, human relations, and social psychological schools, systems and contingency approaches to contemporary management approaches. All the above mentioned management theories have been given by different theorists with their own viewpoints and assumptions that can be applied in workplace according to the needs. Nowadays, application of management theory is important because it assist organizations with an approach to make its entire people more productive. IT facilitates individuals and professional with diverse approaches and tactics that they can use to manage their business and human resources. The vital key to an organizations success is its people and if it is able to manage them, it can effectively attain its pre-determined goals. All the aspects management, management theory, contemporary theories of management, organizational designs, enterprise within organizations and organizational structures are somehow related to each other. All of these are different but interrelated as these are used by a firm to manage its processes, operations and resources. All of these aspects and development of management theory will be discussed in detail in this assignment in concern to the given scenario of Computing for Commerce (CFC). This assignment will be done with the help of analyzing all previous researches done in this field and its applicability in workplace. A number of theorists and researchers have analyzed the management theory and its practice at workplace. They have given several theories or approaches that can be used to improve the productivity of workplace. These different theories and approaches will be analyzed to understand the applicability of management theories and approaches in workplace. The company selected for the discussion and applicability of management behaviour and theory is Computing for Commerce. It was established by Nico Van Barneveld in 1984. It was started as centralized payroll bureau that handle payroll transactions for companies who are too small to run their own payroll departments. It produce monthly payroll statements, transfer funds into employees bank accounts and calculate monthly tax deductions which are paid to the inland revenue on behalf of its clients. From the time of its origin, the size of its customers has grown from 50 customers to 300 customers. The company operates with a flat structure and still runs everything in a hands on manner. Critical Review of CFCs Management Style and Practices In 1984, when Nico Van Barneveld founded Computing for Commerce, it was serving only few customers. Now, as company has expanded in terms of its operations and customers it should adopt some different approach rather than only a flat organizational structure or conventional management styles and practices. The management practices and styles adopted by CFC was effective in old time but now, it is confronting severe issues and it is all because of its ineffective style of management. The concept of management exists from past some centuries but it has become substantial from last few decades. This is because of the failures confronted by various organizations in concern to their management behaviour and practices. From last some decades, CFC has confronted several opportunities as well as challenges and it is all due to increasing globalization and rising level of competition. For capitalizing on existing opportunities and minimizing the effect of heightening challenges, it adopted different expansion strategies. The expansion strategies assisted the company in enlarging its customer base, but it didnt help it in managing its operations and resources. The company employees were dissatisfied that evidences that it should have adopted some effective management theory as from last several years a number of management theories have emerged. Theories like classical theory, bureaucracy, human relations, and social psychological schools, systems and contingency approaches could significantly assist business organizations (Miner 2007). The adoption of different management theories would have facilitated CFC with an appropriate management style or practice to manage their operations and as well as their resources like finance and human resources. This could also be understood with the help of discussion of the development of management theory, different schools of management and their implications for the organisation of CFCs challenges and opportunities. Classical Organizational Theory: The classical organizational theory developed throughout the first half of this century. This management theory is merger of Taylors scientific management, Webers bureaucratic theory and Fayols administrative theory (Almashaqba Al-Qeed 2010). Classical organization theories pertain to formal organization and concepts for increasing management efficiency. Taylor introduced scientific management concepts in 1917, Weber gave the bureaucratic approach and Fayol explicated the administrative theory of the organization (Walonick n.d.). With the help of all these theories or some of these theories, CFC would have easily resolved its troubles related with the management of its employees and their distributions in the management of their work. These theories could significantly assist CFC in increasing its management efficiency as it is vital for the company with its increasing expansion (Organizational Theories n.d.). The advantages and disadvantages of these different classical theories in concern to CFC can be understood with their discussions: Taylors Scientific Management Approach: The scientific management approach was developed by Taylor and it is grounded on the conception of planning of work for attaining efficiency, standardization, specialization and simplification. This approach concentrated on the need of increasing mutual trust among management and workers as it is a key to increase productivity (Rimer 1993). If CFC also makes use of this approach, it can effectively plan all its operations and distributions of its employees or trainers. Taylor explicated the subsequent four principles of scientific management through which business organizations can improve their productivity: Old rules-of-thumb should be replaced by a scientific approach. Organizations should select employees on the basis of some analysis, and then should be taught, trained and developed. Concentrate on the need of cooperation among management and labor so that all work can be done in accordance to the developed scientific principles. Scientific training of the workers so that work can be divided effectively between workers and managers with effective planning and control (Walonick n.d.). With the help of this approach CFC may also plan and control all its business operations like payroll transactions and PC Application training. The allocation of local centre managers and trainers would also be done on scientific basis. This will assist the company in making formal divisions among its workers and managers and as well as in adopting systematic procedures (Almashaqba Al-Qeed 2010). On the other hand, this approach also has some limitations like in modern time it is not very much relevant as nowadays concentration on production is replaced by people. In modern time, companies cannot use their employees just as a mean of production they have to treat their employees in a fair and imperative manner (Miner 2007). Webers Bureaucratic Approach: Bureaucratic approach was given by Max Weber in 1947. He elaborated theories given by Taylor and emphasized on the need to abbreviate diversity and uncertainty in organizations. As well, he concentrated on the establishment of clear lines of authority and control. This bureaucratic theory also stressed on the need of a hierarchical structure of power (Walonick n.d.). It assisted the businesses in identifying the significance of division of labor and specialization. In addition to this, a formal set of rules was also bounded into the hierarchy structure so that companies can effectively insure stability and uniformity (Organizational Theories n.d.). By making use of this approach CFC can easily and effectively modify its flat organizational structure that is not suitable nowadays as it is expanding its operations. With the help of bureaucratic approach, the company can significantly develop as a formal organization based on structure, specialization, certainty and stability, rationality and uniformity. This formal structure will assist the company in resolving all its present challenges and capitalizing on available opportunities. In addition to the above discussed advantages, this approach also has some limitations as it will not assist the company in the management of aspects like inflexibility, impersonality, displacement of aims, limitation of classification and self-protraction. It will bring forth a vertical organizational structure that will give rise to many levels of management. Many levels of management will increase complexity and difficulty in attaining coordination. Administrative Theory: The last significant classical theory is Administrative theory that is also known as principles of management. This theory was validated in 1930. It was developed by Fayol in 1949. This theory stressed on the development of a universal set of management principles that could be applied to all organizations (Organizational Theories n.d.). The different elements of this theory are associated to the accomplishment of tasks, principles of management, the conception of line and staff, committees and functions of management. This theory assisted in the identification of the management principles rather than personal traits. Other theorists only shared their beliefs but Fayol was first that recognized management as an ongoing process of evaluation. By making use of this theory CFC can significant attain several advantages in terms of functions of management (planning, organizing, training, commanding and coordinating), line and staff and principles of management (Sapru 2006). All these concepts will assist the company in managing its business operations, customers, stakeholders and other associates. The 14 principles of management will help the company and Nico in an effective management of its organization and its resources. The company will become able in dealing with all its existing issues related with management of operations and resources (Walonick n.d.). In addition to all these advantages, the company may also confer some disadvantages if these principles are not managed in an appropriate manner. It may increase chaos and confusion among the company and its employees. With the discussion of classical theory, it can be said that it can help CFC in the management of its organization but it is very rigid and mechanistic. In this theory, employees have minimum power over their jobs and working conditions that is not relevant with modern era. In modern era employees are given significant preferences in spite of production as until or unless they are not happy, a firm may not attain its objectives. Neoclassical Organization Theory: Neoclassical theorist stressed on the significance of individual or group behaviour and accentuated on human relations. On the basis of the Hawthorne experiments the neoclassical approach stressed on the development of social or human relationships among the operators, researchers and superiors (Organizational Theories n.d.). The considerations of this theory were more pertinent to rendering productivity rather than only making changes in working conditions. The neoclassical theorists argued that business can attain productivity increases by developing high morale. High morale is affected by the amount of individual, personal and close attention workers receive (Mirowski 1983). By making use of this theory, CFC can effectively develop its employees rather than only adopting changes in work pattern or conditions. This theory can facilitate company and Neo on concentrating on human nature aspects. With the help of this management practice, CFC will become able in establishing an informal organization structure and focussing on the development of its employees (Walonick n.d.). With the implication of this theory, Neo will become able in understanding that an employee is not a mechanical tool. An employee is a social being who have several aspirations that affect his performance and productivity. This understanding would assist Neo in developing the productivity of his employees by providing them effective opportunities and motivation. With the application of this theory Neo will also become able in understanding the importance of work group and participative management. Participative management will assist CFC in attaining all available opportunities and in expansion and resolving issues of employee dissatisfaction. Work group will assist it in deriving the benefits of synergy. In this way, this theory will substantially help CFC in the management of its employees that are most vital aspect of a business growth. In addition to above discussed advantages, this theory also has some disadvantages. The management behaviour and practices rendered by this theory sometimes may create failure as there is lack of monitoring that is vital. This theory implies for loose control over subordinates that is not applicable in present competitive environment. At some extent it is essential to monitor subordinates as otherwise they may divert from the given duties or responsibilities. Contingency Theory This theory is a kind of behavioural theory that asserts that in general there is no effective way to systematize a corporation, to direct it and undertake decisions. In spite of this, the best way to manage an organization depends upon its internal and external situation. It was developed by Chandler in 1962 and Lawrence and Lorsch in 1969. In respect to this theory different contingent approaches were developed in the late 1960 (Bacher 2007). Contingency theorists suggested that previous theories like Webers bureaucracy and Taylors scientific management had broke down because they overlooked the environment (Walonick n.d.). In modern time, management style and organizational structure of a firm is substantially influenced by its internal and external environment or contingency factors. If CFC make use of this theory can effectively resolve all its troubles related with expansion and management of its operations. An analysis of its environment will significantly help the company in its future business decisions (Organizational Theories n.d.). With an internal environment analysis, the company can easily identify the substantial reasons of its employee dissatisfaction and level of their performance. On the other hand, external environment will assist it in its future business planning and decisions. With the use of contingency theory, the company will effectively become able in managing its conflicts rather than avoiding it. In addition to these advantages, this theory also has some disadvantages like it is applicable only in a situation when organizational environment is unstable or changing (Jacques 2007). As well, this also demands management time, money, and effort so that coordination can be attained. Systems Theory This theory was suggested by Hungarian biologist Ludwig von Bertalanffy in 1928. This theory emphasised that all the elements of an organization are interconnected and if there occurs change in a variable it might affect several others also (Northouse 2009). In concern to this theory, organization is considered as open system that is continually interacting with its environment. By applying this theory CFC can effectively derive immense success. It will assist the company in shaping its reality on the basis of its actions. It will help Neo in understanding how its own actions have shaped its present position and that in turn will boost his confidence. With this, he will become able in understanding that its success is related to all its business elements (Kast Rosenzweig 1972). If it makes changes in an element it has to evaluate other elements also so that determined objective can be attained effectively (Walonick n.d.). This theory will help CFC in focussing on all its business elements rather than at a single element. Additionally, it also has disadvantages like its concept of nonlinearity adds massive complexity to understanding of organizations. Its nonlinearity introduces significant complexity and that makes it difficult to understand the relationships between variables. This may also drive CFC towards confusion so it is better to understand its affectivity so that complexity may not arise (Organizational Theories n.d.). The relationship among all its business variables needs to be identified for effective functioning. Approaches to Contemporary Issues in Management Nowadays, the new conception of management has entirely replaced the traditional perspectives of management. In present managers from all around the world are trying to seek new insights about how they can lead in a much better manner and how they can motivate, organise and manage their organisations (McKenna 2000). All these efforts of universal managers are highly affected by the contemporary issues of management confronted by them. With the increasing globalization and healthy world trade conditions, more and more companies are trying to operate at international level. All companies want to reach at the benefits of global expansion so that they can reap the existing opportunities. The effect of globalization has forced companies to move into foreign markets that in turn present several issues in front of managers in concern to management (Daft 2009). They are confronting issues like decreasing level of motivation, downsizing, managing diversity, and management of rapid change and meeting with the competing demands of all stakeholders. Similar is the situation with CFC and need to be managed effectively. All these contemporary issues in management can be resolved effectively at CFC by making use of advanced approaches towards employee motivation, management style, change management and fulfilling competing demands of all stakeholders. For motivating its employees the company can make use of approach of employee empowerment. This will develop self-leadership among CFCs employees and they will become authorized to lead others (Jacques 2007). The deliverance of authority to employees will increase their motivation towards the fulfilment of CFC goals. In addition to employee empowerment, the CFC may also make use of different types of management styles and change management approaches. Both of these will assist the company in responding to change in its internal and external environment. For managing its internal environment the company should make use of participative management style as this will assist in the development of flexible management (Holbeche 2006). It will heighten the communication among company managers and employees that in turn will increase their level of performance. The changed management approach like planned change will assist the company in dealing with its external environment and effect of globalization (Luthans 1998). Participative approach towards management and effective modes of communication will assist, CFC in significantly meeting with the competing demands of all its stakeholders. Internal and external environment analysis will assist it in understanding the needs and requirements of its customers, suppliers, employees and shareholders (Harris Hartman 2001). In this way, it can be said that in present there are various approaches that can be used by CFC for dealing with the contemporary issues of management. Evaluation of CFCs Enterprise Culture Consideration of its Operating Structure CFC is a small size firm and its enterprise culture is not as effective as it need to be in present time. The company operates in the simplest manner and does not give importance to social values of employees, associates and its stakeholders. Due to its weak enterprise culture it confronts several issues in concern to its employees, associates, stakeholders satisfaction. The company operates as a sole trader that has several advantages as well as disadvantages for it (Murray, Poole Jones 2006). The only person that owns the CFC is Neo. In this type of company structure, Neo being a sole proprietor has absolute control over his business and he is totally responsible for its management. This type of structure has little start up costs and it is elementary. All the profits made by this type of company structure are kept by Neo only and it is quite flexible as whatever changes are required can be made easily. On the other, this structure also render Neo with several disadvantages like he has to manage all business related tasks and as his business is expanding, it will become difficult for him only to manage all business operations. He is exclusively responsible for paying all debts and it is also difficult for a sole trader to raise funds for expansions (Spedding Rose 2008). With the discussion of these disadvantages of sole trading, it can be said that the CFC should make use of some other company structure. Now as company is increasing in its size and customer base than it should make use of following company structures: Limited Companies: Limited companies subsist with their own right. The companys finances are distinguished from the personal finances of their proprietors. Shareholders may be people or other companies and they are not accountable for the companys debts unless they have given guarantees. The main types of limited company are private limited companies, public limited companies and private unlimited companies (Pride, Hughes Kapoor 2009). In this type of business structure, there is limited liability. It means that each shareholder or member is liable only at the extent of the amount invested by him. This type of structure also avoids double taxation. On the other hand, it also has some limitations like restrictive transfer of ownership (Needham Dransfield 1994). Partnerships: In this type of company structure, two or more people share the risks, costs and responsibilities of business. Each associate is self-employed and enjoys a share of the profits. In this type of company structure, partners make decisions by coordinating with each other that usually results in assured success. It reduces the risk of individually running and managing a business (Spedding Rose 2008). It is a relatively simple and flexible way to manage a business. On the other hand, it also has some disadvantages like it is not essential that both the partners follow all established rules and ethics. They may take advantage of other for fulfilling their own needs. Co-operatives: It is a distinct type of business structure that is user-owned and user-controlled business that allocates margins to its users on the basis of use of patronage. This structure authorizes its users to attain ownership by patronizing the business. It also has risks like uncertainty, and follows up of established code of conduct (Pride, Hughes Kapoor 2009). With the above discussion of different types of business structures, it can be said that CFC should make use of some other operating structure in spite of sole trading. As now, the size of company is increasing in terms of its operations, customer base and overseas expansion; it is not possible for Neo only to manage each business aspect. In this situation, he should adopt some other company structure like partnership or limited company. Analysis of CFCs Organization Structure From the time of its origin, CFC is operating with flat organizational structure. In the company everything runs in a hands on manner. The company has four key staff in the centre of the company that handle management functions like finance and marketing. As well, the company also has a dedicated central IT team of three people handling the payroll service. The company is running on flat organizational structure because it feels this structure is appropriate in accordance to its small size. With the help of this flat structure the company is able in attaining effective communication among its employees and management. It also assists CFC in the development of effective team spirit, less bureaucracy and rational decision making (Furnham 2005). In addition to these advantages of flat organizational structure, the company also confronts several disadvantages like it may limit its growth and structure. Functions of an individual or department could be blurred and merge with the job roles of others as there are not any distinctions between individuals roles (Daft Marcic 2008). With the discussion of these advantages and disadvantages of flat organizational structure, it can be said that CFC should adopt some other organizational design. As now companys operations and customer base is increasing day by day and it is also planning to establish its operations in overseas locations, the company should change its old organizational structure. Subsequent are the various organizational designs that can be considered by CFC for the effective management of its new overseas ventures: Functional Structure: It is a type of departmentalization in which positions are grouped on the basis of their main functional area. In other words, in this type of structure positions are grouped into units on the basis of similarity of expertise, acquisitions and work activities (Montana Charnov 2000). It is most common method of grouping activities. CFC can also make use of this structure as it will assist it in running its overseas operations effectively. With the help of this structure, the company will become able in grouping its several employees on the basis of their functions like marketing, finance, operations, management etc. It is a logical structure and can help the company in managing its increasing size and employee base. With the help of this functional structure, Neo will effectively utilize its greater variety of skills. This structure will provide clarity to its members regarding their roles and duties and with this they will get specialization in specific business area (Drucker 2008). This role clarity and specialization will develop employees leadership skills. Divisional Structure: A divisional organizational structure is a type of departmentalization in which positions are grouped according to similarity of products, services or markets. With the help of this organizational structure, CFC can divide its complex functional units into smaller, more flexible and administrative units. The functions of its payroll departments can be classified into different divisions (Luthans 1998). This will assist the company in promoting independent and self-contained units in its overseas ventures. This can also be used for managing its increasing size and technology. Employees satisfaction level will also increase with this type of structure as they will became independent and will operate according to their own rationality in concern to given goals. Each division or unit of the company will react quickly that is vital for operating successfully in overseas ventures. In addition to this, organization and coordination will also become easy and speedy (Storey 2004). Hybrid Structure: Other substantial organization structure that can be used by CFC for managing its increasing size and customer base is hybrid structure. This structure will assist the company in adopting both the functional and divisional structure at the same level of management (Agarwal 1983). With the help of functional structure, the company will become able in deriving advantages of economies of scale, greater competence of managers and competence in resource utilization (Murphy Saal 1990). As well, with the help of divisional structure it will become able in concentrating on its services and markets. Matrix Structure: The last significant organizational structure that can be used by CFC for managing its overseas ventures is matrix organizational structure. It is type of departmentalization that superimposes a horizontal set of divisions reporting relationships onto a hierarchical functional structure. With the help of this structure the CFC can take advantages of decentralized decision making. In addition to this, it will facilitate the company in attaining strong project or product coordination (Griffin Moorhead 2009). With this structure the company will become able in quickly responding to changes and making a flexible use of human resources. With the discussion of all substantial organizational designs, it can be said that CFC can easily make use of above discussed structures. With the help of these advanced organizational designs the company will become able in managing its overseas ventures by analyzing goals, values, cultures, size, technology and tasks. Evaluation of Global Issues that affect CFC and its New Venture In the last few years, Nico has seen the evolution of outsourcing as a most important new way of doing business. He has also decided that CFC must grab this opportunity on an international scale. In this concern he has determined to open an outsourced IT support centre in the far east to take account of the lower wage structure in that part of the world. He also have plan to open an outsourced call centre of more or less 200 people working from the overseas territory on behalf of approximately 50 UK based companies. For its global ventures, Neo has discovered three countries of interest that are Vietnam, Cambodia and Philippines. Nico knows very little about these countries working practices and environment that can negatively affect its operations. For handling with these global issues, it is essential that the company take into account existing market forces, barriers to trade and related aspects. Nowadays more and more countries are adopting and signing different agreements so that they can operate without any limits or constraints in foreign locations. The concept of free economy has emerged with the evolution of aspects like protectionism, trading blocs (EU, NAFTA etc) and importation quotas and import duties. By analyzing all these aspects and benefits limitations of free market, CFC can effectively enter the selected foreign countries (Pride, Hughes Kapoor 2009). Protectionism: It is the economic policy that limits trade between states with the use of techniques like tariffs on imported goods, protective quotas and a kind of other government ordinances. These constraints in this economic policy were planned to deter imports, and preclude foreign take-over of domestic markets and companies. This policy is intimately coordinated with anti-globalization (Hill 2008). It is a contrast to free trade that is still used in some nations but is been abolishing from last several years with increasing globalization. Trade Blocs: A trade bloc is a kind of intergovernmental placement that is mostly part of a regional intergovernmental organization. With these agreements regional impediments to trade like tarif
Friday, January 17, 2020
Discuss the drawback of the jury system as it is implemented in the UK
Introduction A jury in the UK generally consists of 12 randomly selected lay people that have been sworn conduct an impartial verdict as to whether a defendant is guilty or not guilty in a criminal trial. The objective of the jury system is to provide a just and fair outcome that could not otherwise be achieved by judges alone (Lesser, 2010: 12). It is believed that if judges acted alone, the decision would be a prejudicial, which would create unfairness. The human rights of the individual concerned would also be violated (Human Rights Act 1998, giving effect to the European Convention on Human Rights 1951). The most import concept of having a juror give a verdict is that juries may acquit a defendant in situations where a guilty verdict is demanded by the law (Elliott and Quinn, 2010: 233). An example of this can be seen in the case of R v Wang [2005] UKHL 9 where it was made clear by the House of Lords that a judge can never instruct a jury to convict a defendant. The jury system is therefore c onsidered an important part of the confidence society has in the criminal justice system. The Juries Act 1974 is the main governing legislation that regulates the jury system by signifying what persons are eligible for jury service as well as making provision for the right to challenge jurors. The Criminal Justice Act (CJA) 2003 is also capable of restricting the role of the jury by imposing further limitations on the eligibility criteria and by allowing trial by judge alone in certain circumstances. Whether these limitations are necessary is arguable, but it has been said that the jury is an outmoded institution that needs to be reformed. In light of this, the drawbacks to the jury system in the UK will be discussed in this study. Trial by Jury The jury system in the UK is highly controversial because on the one hand, juries are considered to provide important protection for citizens (Gastil et al; 2002: 585), whilst on the other they are considered to be costly, time consuming and unable to deal effectively with complex cases (Gastil and Weiser, 2006: 6). In addition, it has also been said that the jury system in the UK is outmoded and ineffective and that it should be abolished (Baksi, 2014: 1). Essentially, because juries are not being used as frequently as they once were, it is questionable whether they are in fact still needed (Zander, 2007: 157). In the majority of instances, a jury is not needed as a defendant will have submitted a guilty plea, yet in those instances where a not guilty plea has been entered, it has been said that juries are essential in ensuring that a fair trial is provided to the defendant under Article 6 of the ECHR and in the interests of justice. This was recognised by Thomas and Balmer when it was pointed out that; ââ¬Å"there is an ancient right for an accused to be tried only by the lawful judgement of his equals or by the law of the land and even though there is no modern constitutional right to trial by jury in England and Wales, governments have found the public extremely unwilling to sanction further restrictions to jury trialsâ⬠(2007: 1). This highlights the significance of jury trials and whilst there are many drawbacks, it is widely accepted that juries help to maintain justice. Conversely, it is believed by some that jury trials should be eradicated on the basis that they are largely ineffective on the basis that judges have a strong influence over the outcome of the trial (Stone and Dennis, 2003: 2). This was identified by Sanders and Young when it was evidenced that even though it is left to the jury to decide, beyond reasonable doubt, whether or not a defendant is guilty, ââ¬Å"judges often exert a strong influence on the outcome and are far from being the passive impartial referee as depicted in adversarial theoryâ⬠(2006; 496). Because of the influence judges exert over juries, it seems as though the jury system is a waste of time and expense. Furthermore, because juries do not have to give a reason for their decision, it is difficult to tell whether a just decision has been provided anyway as the decision may not be based upon their own findings and may instead be based on the judges influence. In view of this, the Auld Report found that; ââ¬Å"many contributors have suggested that the system may not, as a matter of English law, withstand a challenge, that the unreasoned jury verdict violates article 6.â⬠It is questionable whether this does violate article 6, ye t it was made clear in Condron v UK (2000) 31 EHRR 1 that it is not. Therefore, even though jurors do not have to provide a reason for decisions reached, it is said that a fair trial is still being provided. This does not seem fair, since a violation of Article 6 would be found if a judge failed to provide a reason, yet this is not the case for jurors. As stressed by Doran; ââ¬Å"trial by jury occupies a pivotal yet paradoxical position at the centre of the English criminal justice systemâ⬠(2002; 379). Arguably, it is clear from this that many do actually favour jury trials and are of the view that an effective justice system is being attained. However, because jury trials are not used in serious and complex fraud trials, it is arguable whether jurors are well equipped to deal with all other trials. The inability of jurors to deal with such cases was introduced by the CJA 2003 and emerged from the Jubilee Line Jurors [2007] Crim LR 255 case. Here. jurors suffered serious personal difficulties because of the complexity of the issues at hand (Lloyd-Bostock: 2007: 1). In cases such as this, it is more desirable for a judge-only trial to be conducted, yet it could be said that this should apply to all trials and not just those that have a complex nature. Moreover, the fact that trial by jury has been abandoned in other jurisdictions seems to demonstrate that the jury service is unworkable and ineffective. This has exemplified by Laville (2010: 1) who put forward that; ââ¬Å"in the last 400 years, trials without juries have taken place in Northern Ireland, where the Diplock courts were set up to provide justice in the intimidat ing atmosphere of the Troubles.â⬠Consequently, it could be said that Northern Ireland are aware of the difficulties and uncertainties of jury trials and have therefore made the decision to abandoning them. Juries were also discarded in Germany on the 4th January 1924 when it became apparent that injustice frequently occurred as a result of jury trials. This was identified by Herzog when it was noted that; ââ¬Å"since 1924 jury trials have been abolished in Germany and there are no signs of a renaissance of lay participation and jury trial in the German criminal justice systemâ⬠(2012: 1). It is arguable whether this demonstrates the ineffectiveness of jury systems but it is evident that the Germans do not agree with them. Jury trials were also abandoned in India following the case of K.M. Nanavati v State of Maharashtra [1962] Suppl 1 SCR 567 where it became clear that jurorââ¬â¢s decisions were capable of being influenced by the media and the public. As put by Debroy; ââ¬Å"the Nanavati case was responsible for abolition of jury trials in India and it was the last trial by juryâ⬠(2009: 1). It was also identified by Debroy that there is a correlation in India between the abolishment of jury trials and the prolonging of cases (2009: 2). In view of this, it cannot be said that jury trials should be completely abolished in the UK as cases may actually be prolonged as a result and there are various safeguards that have been implemented so as to ensure juries are not being influenced by the media and the public (Rackstraw, 2008: 726). Therefore, whilst jury systems do create difficulties, it cannot be said that they should be completely discarded as a result as they are still considered a vital p art of the justice system. Furthermore, if jury trials were abolished it is likely that this would result in prolonged trials as is the case in India. Furthermore, judges would also be capable of producing prejudicial decisions, which would ultimately contravene Article 6 of the ECHR which provides for a defendants rights to a fair trial. In a study that was conducted by Sturcke, it was found that; two in three jurors did not fully understand the legal directions and that more than one in 10 jurors carried out their own investigations online about a case (2010: 1). This study was based on 69,000 cases over a two-year period, which highlights the injustices that can actually be caused by a jury trial. This seems to provide a strong argument as to why jury trials should be abolished, however problems will still be caused by judge alone trials. In effect, it appears as though there ought to be a balance so that juries do remain, yet where cases are likely to be prejudiced a judge alone trial should be conducted. Essentially, this is what seems to be happening at present as jury trials are being discarded in serious and complex fraud cases, yet whether this scope should be broadened to allow for their elimination in other cases is likely. This will ensure that juries are maintained, on the one hand, whilst also enabling them to be discarded in cases which would be difficult for them to cope with. Whether this means that there will be an effective jury system in place, is however arguable. Conclusion Overall, there are many underlying difficulties which emerge from a trial by jury, yet it cannot be said that they should be completely eradicated. This is because judge alone trials will also have many drawbacks, which demonstrates the need for the jury system to be maintained. In order to prevent unfair outcomes from being produced, it is therefore necessary that a balance is attained which could be achieved by removing juries from serious and complex cases and those which would have a damaging effect on their ability to cope. Referencing Baksi, C., (2014) ââ¬ËBias has ââ¬Ësignificantââ¬â¢ effect on verdicts, jury research saysââ¬â¢ The Law Society Gazette, Available [Online] at: http://www.lawgazette.co.uk/practice/bias-has-significant-effect-on-verdicts-jury-research-says/5039295.article [23 April, 2014]. Debroy, B. Nanavati and Jury Trials, Law Resource India, (2009), Available [Online] at: http://indialawyers.wordpress.com/2009/12/26/nanavati-and-jury-trials/ [23 April, 2014]. Doran, S; McConville, M. and Wilson, G. The Handbook of the Criminal Justice Process, OUP Oxford, 1st Edition, (2002), p. 379. Elliott, C. and Quinn, F. (2010) English Legal System, Longman, 11th Edition. Gastil, J., and Weiser, P., (2006) ââ¬ËJury Service as an Invitation to Citizenship: Accessing the Civic Value of Institutionalised Deliberationââ¬â¢ Legal Studies Research Paper, 06-32. Gastil, J., Deess, E., and Weiser, P., (2002) ââ¬ËCivic Awakening in the Jury Room: A Test of the Connection between Jury Deliberation and Political Participationââ¬â¢ Journal of Politics, Volume 64, No. 2, 585-595. Herzog, F. Philosophical and Social View of the Jury: Could it Have a Renaissance in Germany(2012) Available [Online] at: www.cairn.info/load_pdf.php?ID_ARTICLE=RIDP_721_0553 [23 April, 2014]. Laville, S. Heathrow Robbery Trial Breaks with 400 Year Tradition of Trial by Jury, The Guardian, (10 January, 2010), Available [Online] at: http://www.guardian.co.uk/uk/2010/jan/10/heathrow-robbery-trial-jury-twomey [23 April, 2014]. Lesser, M. A. (2010) The Historical Development of the Jury System, Kessinger Publishing: London. Lloyd-Bostock, S. The Jubilee Line Jurors: does their experience strengthen the argument for judge-only trial in long and complex fraud casesCriminal Law Review, Crim L.R. 255, (2007). Rackstraw, M., (2008) ââ¬ËIn the Balanceââ¬â¢ New Law Journal, Volume 158, Issue 7322. Sanders, A. and Young, R. Criminal Justice, OUP Oxford, 3rd Edition, (2006). Stone, J., and Dennis, R., (2003) ââ¬ËRace and Ethnicityââ¬â¢ Comparative and Theoretical Approaches, 1-7. Sturke, J. Jurors ââ¬Ëstruggleââ¬â¢ to understand judges, study finds, The Guardian, (17 February, 2010), Available [Online] at: http://www.guardian.co.uk/uk/2010/feb/17/jurors-judges-legal-advice-report [23 April, 2014]. The Auld Report, Review of the Criminal Courts of England and Wales, Chapter 5, Juries, Available [Online] at: http://www.criminal-courts-review.org.uk/ccr-05.htm [23 April, 2014]. Thomas, C. and Balmer, N. Diversity and Fairness in the Jury System, The Ministry of Justice Research Series 2/07, (June, 2007), Available [Online] at: http://www.justice.gov.uk/publications/docs/JuriesReport2-07-webVersion.pdf [23 April, 2014]. Zander, M., (2007) ââ¬Ëa Touch of Biasââ¬â¢ New Law Journal, Volume 157, Issue 7295. Cases Condron v UK (2000) 31 EHRR 1 Jubilee Line K.M. Nanavati v State of Maharashtra 1959
Subscribe to:
Posts (Atom)