Starbucks Case Accounting

Starbucks Case Part I – Prior to reading Starbuck’s Form 10-K, please answer the following questions. Your answers should be based upon your general knowledge of Starbucks, gained from visiting their stores, purchasing their products and/or observing them in the marketplace. a. Up until the economic downturn (Fall of 2008) what do you believe was Starbucks’ growth strategy? Give three examples of specific actions (growth initiatives) you observed Starbucks execute upon as part of their growth strategy? 1. Saturate the U. S. arket: Based on our observations, it seemed that Starbuck’s primary strategy for growth was to saturate the U. S. market. At one point there seemed to be a Starbucks at every corner, sometimes so close that one had to wonder why in the heck they were opening stores within a couple dozen feet from each other. 2. Expand internationally: We presume that one of their growth goals was to expand abroad, specially if they began to realize they were cannibalizing their own established stores, so they likely had to go outside of the U. S. o keep up their growth targets. 3. Develop complementary products/alternative revenue sources: We also think that around 2006-2007 was when they started to promote downloadable music and also began to sell CDs & books in stores; which means they began to more aggressively add alternative revenue channels, beyond that of coffee/drinks, to their many locations. (Personally, I purchased a bottle of Starbucks coffee liqueur around that time, which I still have because it’s not as good as other coffee liqueurs such as Kahlua. b. How do you believe Starbucks measured their success in executing their growth strategy? Give four specific measures you might use to evaluate the success of Starbucks’ growth strategy. Very likely that they were measuring it against number of new stores opened, and sales growth. We would probably use the following to evaluate the success of Starbuck’s growth strategy: 1. Sales growth. 2. Operating Revenues. 3. Net income. 4. Return on assets. The remaining sections of the case should be completed after you have read Starbucks Form 10-K and any other information deemed pertinent. Part II – Results of the audit by Starbucks’ outside independent accountant, status of Starbucks’ financial reporting controls and industry specific accounting. a. Who is Starbucks’ outside independent auditor? Did Starbucks receive a qualified or unqualified (clean) audit report from their outside independent auditor for the 2010 fiscal year end? a. Deloitte & Touche, LLP. b. Unqualified. b. What was Starbucks management’s conclusion in their report on internal control for financial reporting? What was the outside independent auditor’s conclusion regarding management’s review and assessment of financial reporting controls? . That their internal control over financial reporting was effective as of October 3, 2010. d. That Starbucks maintained effective internal control over financial reporting as of October 3, 2010. c. How does Starbucks account for gift cards? What impact do unredeemed gift cards have on the reported operating income in each year? How does Starbucks’ accounting for unredeemed gift cards compare to other retailers? e. Revenues for cards are recognized when tendered for payment, or upon redemption. Outstanding balances are included in deferred revenue on the balance sheet. Balances on cards that are deemed unlikely to be redeemed, get recognized as net interest income. f. Operating income is increased by balances on cards thought unlikely to be redeemed; therefore, it can be argued that operating income is being overstated by the addition of â€Å"unlikely-to-be-redeemed† card balances to net interest income. g. Gift card balances by other retailers are probably carried as a liability (unearned revenue). When gift cards are not redeemed, some retailers return the balances to the state where the card was issued assuming the unclaimed balance to be â€Å"unclaimed property† in some states. As seen above, Starbucks does carry outstanding balances as deferred revenue (a liability) as well, but once the cards are deemed unlikely to be redeemed, it treats the unclaimed balance as an asset. Part III – Trend Analysis of Sales and Earnings Growth During 2006 – 2010 Review Starbucks income statement and common size income statement for the years 2006 through 2010. Identify and comment on the major trends in the growth in Starbucks sales and earnings, including: a. Sales growth – was Starbucks’ sales growth consistent or inconsistent over the above five year period? Do you see signs of acceleration or deceleration in Starbucks’ historic growth rates? How does Starbucks’ sales growth compare to its industry averages? Are same store sales or the opening of new stores the more important factor in driving Starbucks’ sales growth during this period? Do you believe Starbucks sale trends over the past few years will continue over the next two to three years? Please provide rationale for your belief. Starbucks’ sales growth was inconsistent over the above 5 year period. Data from the last 5 years suggests that Starbucks’ growth rate is actually decelerating. Starbucks’ sales growth was below the industry sales growth. The industry has average 9. 25% over the last 5 years while Starbucks averaged 7. 5% only. The opening of new stores is vital to Starbucks’ sales strategy. During 2006, 2007, and 2008, Starbucks added 2199, 2571, and 1669 net stores. During the same years, sales grew by 22%, 21%, and 10% respectively. During 2009, Starbucks reduced 45 stores and their sales dropped by 7%. In 2010, Starbucks added 223 stores and not surprisingly their sales increased by 10%. In our opinion, Starbucks’ sales will continue to grow but at a decreasing rate over the next 2 to 3 years. This projection is based on historical sales data from the last 5 years which suggest a deceleration of sales growth. Starbucks’ average sales growth for the last 5 years is 11%. In 2006, Starbucks’ sales grew by 22%. This suggests a deceleration of sales growth. b. Gross margins – did gross margins expand, contract or hold steady over the period? What major factors account for the trend you’ve identified? The gross margin has held steady over the last 5 years ranging anywhere from 55% to 59%. Gross margin is affected by sales and cost of sales. c. Operating expense – make sure you look at operating expenses in both absolute dollar terms and as a percent of sales. Did operating expenses grow slower, faster or at the same rate as revenues? Would you expect to see more leverage on Starbucks’ cost base, given their growth history? (Note: operating leverage is demonstrated when a company’s operating expenses grow at slower rate than its sales, thereby resulting in operating earnings growing faster than sales. ) Do you believe Starbucks’ cost base is mostly fixed, mostly variable or an equal mix of each? What implication does the structure of Starbucks cost base (i. e. % fixed / variable) have on the relationship between the growth rates of revenues and earnings? Make sure you present information to support your conclusion. Operating expenses have grown at a higher rate than revenues over the last 5 years. Revenues grew at an average of 7% while operating expenses have grown at an average of 11. 34%. Based on these numbers, we expect to see less leverage on Starbucks’ cost base as operating expenses are growing at a higher rate than revenues. The fact that Starbucks’ operating expenses are growing at a higher rate than its revenues shows that Starbucks’ cost base is mostly variable. This is also proven by the income statement as most of Starbucks’ operating expenses are Cost of Sales and Store Operating expenses. Most of these are usually variable. Having more variable expenses usually means that earnings will not necessarily grow at the same rate as revenues. This is demonstrated by the income statement from the last 5 years. Starbucks’ revenues and earnings have grown at different rates over each year of the last 5 years. The average earnings growth per year over the last 5 years is 12. 62% as compared to an average sales growth per year of 7. 5%. d. Operating income – have operating earnings grown at the same rate, faster or slower than sales? What factors (e. g. gross margins, operating expense/charges) account for the trend you’ve identified? Be specific and provide support for your answer. Operating income has grown at a faster rate than sales on a per year basis over the last 5 years. Sales growth has averaged 7. 5% per year as compared to an operating income growth of 11. 75% per year during the same period. The reason that operating income has grown so fast is because Starbucks recently made changes to its cost structure that made it more efficient. As per the 10-k statement filed with the SEC, Starbucks decreased its Cost of Sales by 260 basis points by making their supply chain process more efficient. This resulted in lower food, beverage, and paper packaging costs. Because of its sales leverage, Starbucks was also able to decrease its occupancy costs. Because of the reduced costs, Starbucks was able to have a higher operating income in 2010. This caused the 5 year average to jump up to 11. 75%. Also contributing to this growth was the fact that sales increased at a higher rate than operating expenses. Therefore, operating income also went up at a higher rate than sales. e. Net Income – has net income grown at the same rate, faster or slower than sales? What factors (e. g. gross margins, operating expense, non-operating items) account for the trend you’ve identified? Be specific and provide support for your answer. Net Income has increased at a higher rate than sales also on a per year basis for the last five years. In fact, Net Income has pretty much mirrored Operating Income in growth. The factors tied to Net Income are Sales, Operating Expenses, Interest, and Taxes. Taxes remained relatively proportionate EBT each year. During each of the 5 years, Starbucks experienced a positive interest income for 3 years and a negative for 2 years. This helped Starbucks increase their Net Income. However, the factor that affected Net Income the most was Operating Expenses. Operating expenses grew at a slower rate than sales from 2006 to 2010. This resulted in Starbucks having a higher Operating Income which in turn resulted in a higher net income. Starbucks’ net income grew by 142. 2% in 2010 from the previous year. This big change resulted in the average net income growth rate to increase to 12. 62%. During the same period, Sales has grown by 7. 5% and operating expenses grew by 7%. All of this contributed to the Net Income growing at a higher rate than sales. f. Earnings per share – Does Starbucks’ earnings per share increase/decrease at a rate consistent with revenue and net income. Why is this? Do you expect this relationship to continue into the future? Starbucks’ EPS increases and decreases at a rate consistent with net income but not sales. This is because earnings per share are calculated by taking the net income and dividing that into the number of shares outstanding. As a result, there is a direct correlation with net income and not sales. We expect this relationship to continue in the future as long as the number of shares outstanding doesn’t change drastically each year. Part IV – Analysis of Operating Efficiency, Liquidity and Solvency Using data included in the Form 10-K analyze Starbucks’ operating efficiency and liquidity. That is, answer the questions below. The ratio definitions used to calculate the figures in the Ratio Analysis table are described in the text and lecture notes. a. Operating efficiency: Turnover ratios. In one paragraph, explain what the values of turnover ratios reveal about Starbucks. That is, for each ratio, discuss the trend, compare Starbucks’ ratio to the industry average (for receivables, inventory turnover and asset turnover only) and discuss whether the trend indicates improvements or deteriorations in operating efficiency. Can you think of any other measures that would be useful to assess Starbucks’ operational efficiency? Turnover ratios reveal that in 2010, Starbucks’ sales increased. Receivables turnover jumped up slightly from previous years to 37. 31. The industry’s 2009 median receivables turnover is significantly higher than Starbucks’ at about 98. 64. This trend indicates that Starbucks made less sales on credit in 2010. It could also mean that Starbucks improved collecting on its accounts receivables; however, since Starbucks’ average collection period ratio has not changed in the last three years (holding steady at about 11 days), there is no indication that collection on receivables has improved. The inventory turnover ratio of 7. 8, which slightly increased from 2009, also suggests a decrease in inventories, which is supported by the drop of inventory assets shown on the balance sheet. This trend supports the observation that sales have increased significantly for Starbucks in 2010 which is always an improvement for any business. PP&E Turnover ratio of 4. 32, whi ch increased from 2009, again, demonstrates higher sales since PP&E remained at similar levels as previous years per the balance sheet. Total asset turnover, 1. 79, remained very close to last year, and is slightly less than the industry average, 1. 3. This shows Starbucks continues to generate sales at a level of almost twice as much as they carry assets on their books. The fact that their asset turnover is slightly less than that of their competitors suggests that Starbucks may have more assets than their competitors. b. Liquidity: In one paragraph, explain what the liquidity ratios (current ratio, quick ratio and cash from operations ratio) reveal about Starbucks. Include an explanation of how the cash flow from operations ratio differs from the current and quick ratios. What is your conclusion egarding Starbucks’ liquidity position? With significant increases in 2010 in current ratio, 1. 55, and quick ratio, 0. 99, Starbucks is very liquid. Quick ratio shows they have 1. 5 times current assets on the books as they do current liabilities. Likewise, the quick ratio shows they would be able to cover current liabilities with their current assets. The cash from operations ratio is . 96, which states that Starbucks’ cash from operations would not be enough to cover its current liabilities. This ratio differs from the first two in that it compares a cash flow item to a balance sheet item. It is an indication of a firm’s ability to pay off its current liabilities; however, it is the most conservative liquidity ratio since it excludes all current assets except for the most liquid: cash and equivalents. It tells that Starbucks would not quite be able to pay off all of its current liabilities with just its cash and equivalents, although it does come close. c. Solvency: Interpret the values of the relevant ratios and provide a conclusion regarding Starbucks’ ability to service its debt and risk of future insolvency. Does your conclusion change if you include â€Å"off balance sheet debt†. How much off balance sheet debt does Starbucks have as of the end of the most recent fiscal year? Starbucks’ solvency ratios suggest that it is in a strong position and would likely be able to service its debt as it shows low risk of future solvency. It’s debt to equity ratio for 2010 of 0. 73 is at the lowest it has been in the past five years. From 2009 Starbucks had a big increase in retained earnings, this pushed all solvency ratios including interest coverage, return on assets, and return on equity up. ROA and ROE were doubled from 2009 to 0. 16 and 0. 28 respectively. Likewise, interest coverage also had a big jump due to a significant increase in earnings before interest and taxes. If we include â€Å"off balance sheet debt, Starbucks debt to equity ratio increases a bit, but the trend still shows that this ratio has decreased significantly in 2010. The increase would not be enough to state that Starbucks runs a high risk of insolvency. Starbucks has $4,084. 2 in off balance sheet debt as of end of most recent fiscal year. (We assume that the numbers provided are in millions). Part V – Analysis of Cash Flow Refer to Starbucks’ cash flow statement: a. During the past three years, what was Starbucks’ largest source of cash? What were Starbucks’ two largest uses of cash? a. For the past 3 years, the largest source of cash for Starbucks was Net earnings including non-controlling assets from its operating activities. Starbucks’ two largest uses of cash were additions to property, plant and equipment, as well as purchasing available for sale securities. It is stated in the 10-k that the major components of the PPE spending were remodeling and upgrading equipment in stores, as well as updating the IT infrastructure of the retail network. b. For the past three fiscal years, has Starbucks’ CFO been adequate to fund its growth initiatives? If no, how has Starbucks funded the CFO shortfalls to fund growth? a. As stated in the 10-K Starbucks’ believes that cash flows generated from operations and existing cash and short term investments should be enough to support their core business activities. However, it is also stated that new business opportunities, joint ventures, and acquisitions would have to utilize outside funding sources. Starbucks has augmented to their cash flows by heavily investing in available for sale securities, and purchasing US Agency and investment grade bonds. These investments, and outside financing, can be used to fund growth initiatives while CFO can be used to support Starbucks’ core retail business. The 10K also mentions that the issuance of commercial paper and its proceeds can be used for working capital needs, capital expenditures, and other corporate purposes, including acquisitions and share repurchases. c. Based on your review of Starbucks’ cash flow statement, has Starbucks’ growth been driven by organic growth or acquisitions? Provide support for your answer. a. Starbucks growth has been driven organically, with strong, steady growth in net earnings including non-controlling interests, and investing a large amount of cash in property, plant, and equipment by opening new retail locations and upgrading existing stores and information systems. By utilizing CFO and short term investment earnings to support their core business, Starbucks’ has maintained a high growth, very successful retail operation. Acquisitions play a minor role compared to the growth and earnings from operating activities. d. If Starbucks continues to grow at its historic rates, does it appear that Starbucks’ CFO can fund this growth? If CFO isn’t sufficient, how might Starbucks fund its future growth? a. Yes, it does appear that Starbucks’ CFO can fund its historic growth. This is stated in the 10k; CFO and short term investments, as well as any potential future borrowings and the commercial paper program can support the existing core business as well as related marketing support, product innovations, and new business opportunities related to the core business. If CFO is not sufficient to fund the historic growth, Starbucks can utilize channels within the investment and finance sections of the cash flow statement. Particularly, Starbucks can invest more heavily in short term investments, and utilize the commercial paper program. Additionally, Starbucks purchases available for sale securities heavily – these could be sold in the future to fund any growth where CFO is not adequate to support the core business. e. During the past three fiscal years, what dollar amount of common stock did Starbucks repurchase and what dollar amount of dividends did they pay? Why would Starbucks repurchase their own stock and/or pay a dividend? How does this impact Starbucks ability to fund future growth? How did Starbucks’ strategy with regard to share repurchases and dividends change during the past few years? Why did it change? a. In 2008, Starbucks repurchased $ 311. 4 million in common stock. In 2009, Starbucks did not repurchase any stock. In 2010, Starbucks repurchased $ 285. 6 million in common stock. Starbucks may want to repurchase their own stock so that they can increase their earnings per share ratio. This is especially true if Starbucks shares were perceived as undervalued, as Starbucks can repurchase the shares and hold them in the treasury for future reissuance at a higher price. Starbucks may be able to obtain more financing and loans with better earnings per share ratio as well. Dividends can be paid to shareholders to increase the value of their shares, and encourage other interested parties to purchase Starbucks shares. Paying dividends is a way to help impact positive future growth by making the purchase of Starbucks stock more profitable – more people will want to buy it providing more cash for Starbucks to utilize. In the 10-k, it is stated that Starbucks had 1. 7 billion in CFO for 2010 compared to 1. 4 billion in fiscal 2009, and capital expenditures were approximately 440 million in both fiscal years. This left roughly $460 million for stock repurchases and dividends. Starbucks had to repay short term borrowings in 2008 and 2009, but did not have to use cash for repayment in 2010. The cash that would have been used to payback short term borrowings could instead be used to repurchase stock and pay dividends. Thus, the strategy changed because Starbucks was able to operate without short term borrowings in 2010, and was able to pass on the excess case to shareholders. Part VI – Market Valuation a. What is Starbuck’s net book value as of the end of the most recent fiscal year? What was Starbuck’s market capitalization as of that date? Why is there a difference in these two amounts? What specific items do you think comprise the difference? Starbucks’ net book value as of the end of 2010 fiscal year was $3,611,500,000 while its market cap was $19,270,826,000. The reason that the two numbers are different is because the net book value is calculated by taking the total assets of Starbucks and subtracting its intangible assets and total liabilities, while the market cap is calculated by multiplying the outstanding shares into the stock price. Because each is calculated using 5 different numbers, there will almost always be a difference in the two numbers. b. Do you believe the difference between Starbuck’s net book value and market capitalization will increase or decrease in the future? What specific factors or trends identified in Starbucks’ financial information (or identified elsewhere) support your view? We believe that the difference between Starbucks’ net book value and market capitalization will decrease in the future. One of the biggest reasons for this is the fact that Starbucks restructured its Supply Chain process to lower costs. As a result, net income grew by 142% in 2010. This was a huge turnaround by Starbucks in one year and it can be attributed to the fact that leadership identified and implemented this cost saving mechanism. Another trend that indicates that Starbucks is on its way back is the fact that they opened more stores than they closed in the last 2 years. This strategy is key to Starbucks succeeding. Third, Starbucks’ gross margin has remained constant in the last 5 years despite the down years. This shows that management knows how to cut down on costs when times are rough, or that despite financial downturns, people are still willing to pay for expensive coffee. Conclusion Refer to your responses in Part 1: How do the results of your analysis in Parts II through VI support or contradict your original thoughts regarding Starbucks growth strategy and the success or failure of the three action areas (growth initiatives) you identified? Our assumption on their strategy to saturate the U. S. Market by building as any stores as possible is supported by our discussion on sales growth, which shows that there is a direct correlation between sales revenue growth and net new stores opened. Likewise, in analyzing the CFO, we concluded that Starbucks has grown organically through their investment in PP&E, which corroborates our original thoughts. Although they probably realized they were overdoing it with having a Starbucks on every corner, their growth strategy of increasing store numb ers has been a success for the company as sales have also increased. Going forward, the challenge will be to maintain high sales rates while being able to cover its large PP&E/overhead expenses. Although we didn’t really analyze the impact of international expansion in our analysis above, according to the company’s 10-K, operating income from international activities more than doubled from 2009 to 2010; however, this increase was mostly due to foreign currency translation among other things. Therefore, our original thoughts are not necessarily proven by the data that we analyzed. Finally, we stated that one of Starbucks’ growth strategies was to develop alternative revenue sources. As we looked deeper at the reasons for sales growth, we noticed that licensing and food service both were strong contributors to the increases in net revenues. Our discussion on sales growth indirectly supports this hypothesis, since the increase in net revenues was affected by an increase in average value per transaction (as stated in the 10-K). This means that customers are not just buying coffee at the checkout stand because Starbucks is being successful at selling other complimentary goods along with their drinks. Therefore, this is definitely being a successful growth strategy for Starbucks.

Does Social Inequality Exist in Jamaica

Introduction â€Å"Social Inequality allows for the exclusion of individuals and the formation of prejudices and discrimination. Carefully analyze and discuss the validity of this statement based on current events in the Jamaican society. † Social Inequality is the existence of socially created inequalities; it occurs when ideology and power combine to make one group of people feel inferior to another. From a sociological perspective people are able to assess both opportunities and constraints that characterize their lives as it relates to age, sex, gender, race and class and based on this, many ills that the world faces today are derived from some person’s blatant disregard for differences. A prejudice is a preconceived belief toward a particular group while discrimination is a behavior (an action), with reference to unequal treatment of people because they are members of a particular group. Some theories suggest that racism is a characteristic of an abnormal minority of the population and that this abnormality is psychological. This prejudice may lead to racial discrimination. We may be familiar with this form of discrimination being more prevalent in recent times (Apartheid, Hitler vs. Jews) than now. In answering the question this report will outline the causes of social inequality and show that Social Inequality is prevalent in all societies including Jamaica. Race & Ethnicity Within sociology, the term ethnic, race, minority, and dominant group have very specific meanings, different from the meanings the terms have in common, their usage. These concepts are important in the development of a sociological perspective on race and ethnicity. Race A race is a group of people treated as separate in society on the basis of certain characteristics, some of which may be biological, that have been assigned social importance. Because of presumed biologically or culturally inferior characteristics, a race is typically singled out for its uniqueness and unfortunately succumbs to unfair treatment. Therefore it is not biological characteristics per se that defines racial groups, but how groups ave been treated historically and socially over the years. Societies assign people racial categories such as Black, White, and so on. Not by science, logic or fact, but by opinion and social experiences. In other words, how racial groups are defined is a social process. This is what is meant when we acknowledge that race is â€Å"socially constructed†. The use of biological differences to judge an individual seems some what arbitrary. F or example we differentiate people based on skin color and not other characteristics such as personality traits or culture. Jamaica is made up of several races, but the majority is dark skinned. Most people interact with their own kind and do not get the opportunity to interface with others of a different race. However, for the ones who do, they may say that we are not a racist society but would more likely discriminate based on a persons’ socio-economic status. This may be true but there remains the irony that individuals with high socio-economic statuses are usually the light skinned (Caucasian, Indian, Chinese). Ethnicity This refers to a social category of people who share a common culture, for example a common language or dialect; a common religion; and common norms, practices, customs and history. Ethnic groups have a consciousness of their common cultural bond. Jamaicans, Americans, Trinidadians, Japanese, Mexican Americans and so forth, are examples of ethnic groups. However ethnic groups are also found in other societies, such as Pashtuns in Afghanistan or Shiites and Sunnie in Iraq whose ethnicity is based on religious differences. An ethnic group does not exist simply because of the common national or cultural origins of the group. These groups develop because of their unique historical, cultural origins or social experiences. These experiences become the basis of the group’s ethnic identity. PREJUDICE A prejudice is a preconceived belief, opinion, or judgment toward a group of people or a single person because of race, social class, gender, ethnicity, sexual orientation, age, disability, political beliefs , religion, line of work or other personal characteristics. It also means a priori beliefs (without knowledge of the facts) and includes â€Å"any unreasonable attitude that is unusually resistant to rational influence. Although positive and negative prejudice both exist, when used negatively, â€Å"prejudice† implies fear and antipathy toward such a group or person. †¢Cognitive Prejudice refers to what people believe to be true: for example, in adherence to a particular metaphysical or methodological philosophy at the expense of other philosophies which may offer a more complete theoretic al explanation. †¢Affective Prejudice refers to what people like and dislike: for example, in attitudes toward members of particular classes such as race, ethnicity, national origin, or creed. Conative Prejudice refers to how people are inclined to behave. It is regarded as an attitude because people do not act on their feelings. An example of conative prejudice may be found in expressions of what should be done if the opportunity presents itself. These three types of prejudice are correlated, but all need not be present in a particular individual. Someone may believe that a particular group possesses low levels of intelligence, but harbor no ill feeling towards that group. A group may be disliked because of intense competition for jobs, but still recognize no differences between groups. DISCRIMINATION Discrimination is a sociological term referring to the treatment taken toward or against a person of a certain group that is taken in consideration based on class or category. The United Nations explains: â€Å"Discriminatory behaviors take many forms, but they all involve some form of exclusion or rejection. Discriminatory laws such as redlining have existed in many countries. In some countries, controversial attempts such as racial quotas have been used to redress negative effects of discrimination Farley also put discrimination into three categories: Personal / Individual Discrimination is directed toward a specific individual and refers to any act that leads to unequal treatment because of the individual's real or perceived group membership. †¢Legal Discrimination refers to â€Å"unequal treatment, on the grounds of group membership, that is upheld by law. Apartheid is an example of legal discrimination, as are also various post-Civil war laws in the souther n United States that legally disadvantaged Negros with respect to property rights, employment rights and he exercise of constitutional rights. †¢Institutional Discrimination refers to unequal treatment that is entrenched in basic social institutions resulting in advantaging one group over another. The Indian caste system and European feudal system are historical examples of institutional discrimination. As with prejudice generally, these three types of discrimination are correlated and may be found to varying degrees in individuals and society at large. Many forms of discrimination based upon prejudice are outwardly acceptable in most societies. What is Gender? Gender is a social classification that divides individuals into one of three categories (masculine, feminine, androgyny) as defined by behaviour, cultural and/or physiological traits learnt and expressed. The Difference between Gender and Sex Sex is a biological classification the divides individuals into categories (Male, Female, Hermaphrodite) as defined by their Chromosome make-up, reproductive organs, external genitals, hormonal states, internal genitals and secondary sex characteristics. Therefore sex is fundamentally different from gender on the basis that sex is determined by sex from birth and gender is determined by socialization after birth. Gender: Functional History The gender roles in society today are as a result of thousands of years of social evolution going back to the beginnings of society. Lets us take a look at how gender evolved into what it is today. The first type of society that existed, hunter/gatherer societies, men and women shared equal roles as the food gatherers in society. Women secured the more stable sources of food such as ground provisions grains and fruits while men secured the less stable sources of food from hunting game. This is due to the fact that hunting is a physically intensive activity and thus more naturally suited for the men in society however both sources of food were important to the welfare of the society and therefore both men and women had comparable roles. However while comparable, these roles would go on to influence society through the ages as the gathering of food tended to be relatively close to the settlement and the hunting of food would be further away. We see therefore that women were socialized to stay close to home and men were socialized to journey away from the home. This comparable role relationship remained similar in pastoral and horticultural societies however a huge shift came when people began to form agrarian societies. Men took the role of primary food gatherers in society freeing women from the task of food gathering. Thus women adopted alternative roles in the home to occupy their time. This however elevated the role of men in society while at the same time decreasing the roles of women. Men became more educated and took on more complex jobs within society. Women became the nurturers and home-makers of society. Thus the sexual division on labour became institutionalized ( Lengerman and Wallace, 1985) In industrial society women were reintegrated in the workplace however they were typically low paying unskilled jobs and their male counterparts were typically paid more for the same work. The role of women in society was slowly increasing at this point. Gender: Functional Analysis of Jamaican Society Traditionally in Jamaican society women are seen to be the home-makers and men the bread winners. This is due to the fact that the two genders play a complimentary role to each other (Talcott Parsons 141, 1964; orig 1951). In other words a complex Co-dependency between each gender that fulfils the economic social companionship, and social placement needs of a family unit thus holding and shaping society and. Each gender is socialized from birth to fulfil their respective roles. Boys are socialized to be competitive and aggressive through sports and aggressive role-models and yard work thereby allowing them to compete and survive in the working world as part of the labour force when they become Men. Girls are socialized to be sensitive and caring through dolls and house chores so that once they become Women they are better able to run the household and rear children. In a family unit these roles compliment each other and act as a stabilizing force for the unit and by extension for society. These stabilizing forces are perpetuated through various schemes of social control. Individuals who fail to show appropriate levels of masculinity or femininity are ridiculed and ostracised by society, this produces guilt and fear of rejection in the individual and serves to reinforce gender classes. Gender: Functional Analysis – Critical Comments The functionalistic view of gender is unable to proper explain many occurrences of modern society. With the post-industrial society we see that women are increasingly taking on more complex roles in society due to the reduction in the amount of physical labour needed to perform complex tasks through industrialization, the ability to control contraception, the feminist movement and poverty level (women in poorer household work out of necessity). Indeed most households now reply on a two person income. This however has left women with the dual roles of home-maker and breadwinners. This is a very daunting task as such many women remain single to avoid such a scenario. Alternatively since women have become a large part of the labour force we see that in couples, men have now either partly or in rare cases fully taken over the tasks of nurturing and caring for a child so as to fill the void created by the absence of the mother Traditionally androgyny was a socially ostracised gender however lately there has been a blurring of the roles separating the genders. We see this in ‘the sensitive new age guy', ‘the metro sexual', in women with short hair (short hair was traditionally a masculine feature), in male bleaching and male earrings (both of which were initially feminine traits). Gender Discrimination Though gender discrimination and sexism refers to beliefs and attitudes in relation to the gender of a person, such beliefs and attitudes are of a social nature and do not, normally, carry any legal consequences. Sex discrimination, on the other hand, may have legal consequences. Though what constitutes sex discrimination varies between countries, the essence is that it is an adverse action taken by one person against another person that would not have occurred had the person been of another sex. Discrimination of that nature in certain enumerated circumstances is illegal in many countries. Currently, discrimination based on sex is defined as adverse action against another person, that would not have occurred had the person been of another sex. This is considered a form of prejudice and is illegal in certain enumerated circumstances in most countries. Sexual discrimination can arise in different contexts. For instance an employee may be discriminated against by being asked discriminatory questions during a job interview, or because an employer did not hire, promote or wrongfully terminated an employee based on his or her gender, or employers pay unequally based on gender. In an educational setting there could be claims that a student was excluded from an educational institution, program, opportunity, loan, student group, or scholarship due to his or her gender. In the housing setting there could be claims that a person was refused negotiations on seeking a house, contracting/leasing a house or getting a loan based on his or her gender. Another setting where there have been claims of gender discrimination is banking; for example if one is refused credit or is offered unequal loan terms based on one’s gender. In todays Jamaican society, it is debatable as to whether ones sex influences their position or status in life. A feminist Shulamith Firestone believed that women were disadvantaged by their biology, due bto the fact that they bear children and as s result they become dependent on the male species for survival. This dependence ion men produced unequal power relationships. Local journalist Peter Espeute, believes that boys face challenges due to inequality from as early as Primary school level. He disputes that girls are usually seated at the front of the class, while the boys sit at the back where they idle and play instead of learning. He also states that the entrance test given to children to decide what High school they go to is given at the wrong stage in their life cycle. It is a fact that at age eleven (11), girls are mentally more developed that boys, therefore the girls would outperform the boys, get the scholarships and be placed at the â€Å"best† schools. A study done by Kevin Harper of Howard University show that gender biases occur even in doctor offices. Doctors are deemed upper class statuses in Jamaica, and see themselves as â€Å"the almighty healers† (Payne-Jackson 1997). The study revealed that doctors were more apologetic to male patients who were kept waiting. More so males of high statuses. Female patients tended to be treated more like children needing instructions. Another example of gender bias may be seen in the workplace. In Corporate Jamaica, males in high positions (CEO,GM, etc. ) are paid higher wages than their female counterparts. As you go down the scale you will find that the salaries are usually level. However in some institutions such as factories and industrial complexes, because of the nature of the job, men are favoured. Even if females are among them, night shifts and overtime are usually approved for the men. The United Nations had concluded that women often experience a â€Å"glass ceiling† and that there are no societies in which women enjoy the same opportunities as men. The term â€Å"glass ceiling† is used to describe a perceived barrier to advancement in employment based on discrimination, especially sex discrimination. Social Class The term social class refers to a system of social stratification which is based on individual achievements, resulting from the unequal distribution of wealth, power and prestige. A hierarchical distinction is made between individuals or groups of people within the society. Social stratification is regarded as structured inequality based on the characteristics of the society and usually persists over a long period of time. It is usually universal and often occurs on the basis of access to the scarce factors of production: it also occurs on the basis of other factors, such as race, gender, age, religion and caste. Social stratification is usually prevalent in most societies. Usually a person’s status is either ascribed or achieved. An ascribed status is usually fixed at birth and depicted by ones sex or race. An achieved status is depicted by ones achievements throughout their lifetime, usually occupational. An open society usually fosters social mobility between the different social classes. Social mobility is the movement of individuals between, or up or down the different class structures over time owing to improvements in their fortunes. Social mobility is usually achieved through the following avenues: 1. Education, the attainment of higher tertiary education leads to more expertise and usually higher income paying jobs. 2. Hard work 3. Marriage, an individual marries into a rich family 4. Family status, the name of a rich family member usually opens doors for that individual 5. Talents and skills 6. Physical attributes, e. g. Miss World, usually marries into a powerful or rich family 7. Luck A closed system does not foster social mobility. Social positions are ascribed at birth and the system is very rigid with clearly defined structures. The caste system in India is a very good example of a closed system of stratification. In this system an individual is born in caste and this determines their occupation, education, social interaction and power. No amount of hard work and achievement can change their status or caste over time. The best example of the open system is the class system. This is found in most modern industrial societies around the world. One’s class in this system is largely determined by ones occupation, education, income, wealth and power. There are four classes in this system. They are the upper-class, the middle class, the service class and the underclass. The upper class is usually made up of the top ten percent (10%) of the wealthy people in the society. This class is also broken down into two classes: the upper and the lower class. ?The upper- upper class is made up of people who normally have â€Å"old money† and are set apart by their wealth and power. These persons have been born and raised with wealth; mostly consists of old â€Å"noble† or prestigious families. The Royal Family of England would be a prime example of the upper – upper class. The lower- upper class is made up of people who have extraordinary large income, which is achieved through occupational means. These people are usually referred to as having â€Å"new money†. These individuals have become rich within their own lifetimes. This class consists of people who own large companies or are CEO’s of large companies. It also consists of entrepreneurs, mo vie stars, top athletes, as well as some prominent professionals). The middle class is divided into three different groups. They are the upper -middle class, the service- class and the lower- middle class. The upper middle class is usually made up of people who have prestigious occupations, such as doctors, lawyers, politicians and entertainers. These people usually earn very high incomes and live in prominent neighborhoods and are able to send their off springs to colleges and universities abroad. These people usually accumulate lots of wealth overtime. ?The service- class is made up of highly trained people who are usually managers at their place of work. These people usually have secured careers and earn very good incomes on the job. Business consultants, teachers, and small business operators are good examples of persons who fall within this class. ?The lower- middle class is reserved for people who earn an average income and enjoy a decent standard of living. These people work in mainly less prestigious white collar jobs and include Sales Representatives, Supervisors, Bank clerks and Office clerks. Most of these people have not acquired a tertiary level education. The working class is usually those people who live from paycheck to paycheck and are called blue collar workers. These people usually earn what is known as â€Å"minimum wage† and are normally the first set of workers to be affected in times of recession. The underclass is those people who fall below the poverty line. They are usually temporarily employed or unemployed and are usually dependent on the state for survival. Conclusion As our motto rightly states â€Å"Out of Many One People†, we are diverse in race, ethnicity, and socialization. Based on our research which included a questionnaire (Appendices), we can clearly state that Social Inequality exists worldwide and Jamaica is no exception. The questionnaire was issued to twenty persons which included two Rastafarians, Two Chinese, three Mixed race individuals, one Caucasian and the rest were Negros. Half were male and the other half females. The results were as follows:- Age discrimination was felt by one young man (22 years old) who was a bus driver by profession. He expressed that persons were not willing to take his bus when they saw that he was the driver. The Rastafarians who were ironically from the lower class said they faced discrimination from every aspect (class, beliefs). Most of the females stated that men are preferred for jobs in the corporate world. One lady in particular related an experience of being in an interview and was told that she did well but they want to hire a male, as too many women were in the office. The only white man that did the questionnaire expressed that he felt discriminated just because of his colour; he was not comfortable going out alone because some people thought that he had something to offer them and were constantly begging. Therefore the question is answered Social Inequality does lead to people forming prejudices which may influence their actions toward person of a particular group or groups.

Analysing data Coursework Example | Topics and Well Written Essays - 1250 words - 1

Analysing data - Coursework Example As indicated from Table 1, the number one purpose of the performance appraisal (PA) for employees is to give feedback where 26.7% of the employees strongly agreed and 57.3% agreed. The second purpose was to develop employees’ performance at 25.3% (strongly agreed) and a staggering 61.3% of the employees agreed. The third most important purpose for the employees is to relieve uncertainty among employees where 22.7% and 56% strongly agreed and agreed, respectively. On the other hand, the results from Table 2 revealed that managers perceive giving feedback as its primary purpose where 33.3% of the respondents strongly agreed and 66.7% agreed. This purpose was seconded by developing employees’ performance at 16.7% (strongly agreed) and 83.3% of the managers agreed. However, second rank for both was to develop employees’ performance. It should be noted that managers also ranked â€Å"to improve communication among employees† as a second most important purpose for PA, where 50% strongly agreed and 33.3% agreed. The third most important purpose for PA, as perceived by managers, is actually three: to allocate financial rewards, to determine promotion, and to motivate employees where 50%, 33.3% and 66.7% strongly agreed, respectively. The least perceived purpose for the PA for employees and managers was to provide a structure of a plan of organizational success with only 9.3% of employees and none of the managers strongly agreed on this; 33.3% and 16.7% of employees and managers, respectively, agreed. There is diversity in response between employees and managers when asked what they think are the problems and challenges associated with PA. Employees ranked not having feedback from managers and identified problem in the PA as number 1. According to Table 3, the most significant challenges and problems associated with PA in the point of view of employees are: â€Å"managers do not have a performance feedback during meetings

Windber Medical Center Essay Example | Topics and Well Written Essays - 750 words

Windber Medical Center - Essay Example Adherence to staff hierarchy and unquestioned physician authority were the norm. However, with the demise of the coal industry, Windber Medical Center lost its key clientele, influence and revenue dipped. To make matters worse Congress enacted the Balanced Budget Amendment Act that changed how reimbursements would be made to small, nonteaching and non-rural hospitals such as Windber. This meant that Windber would have to find a way to be more competitive in order to attract more patients, government funding and funding from other third parties. Diagnosis: What problems was Windber Medical Center facing? According to the report from Ernst and Young, Windber was not making enough money and it faced an imminent demise in five years’ time because of the changes in insurance reimbursements, changes in government reimbursements and heightened competition due to increased penetration of managed care products in the market. Furthermore, Windber was located in an area where the populat ion was migrating out of thus reducing the size of its market. However, the root cause of Windber’s problems was that it operated in an archaic system that saw patients as â€Å"disruptions† rather than as customers.... The new president charged with implementing the change made appointments to meet with each employee and members of the medical staff individually. This assessment method was effective because it enabled the president to understand the organization’s culture fully as well as its influence on each employee. A similar tactic with the medical staff was not successful, however out of its failure the president learnt about the hidden, informal power structure. He learnt that there were sixteen physicians who were the nucleus of power among the medical staff. Out of this assessment it was also noted that senior managers who believed in the power of physicians sided with them on every decision. Design: What is the desired state or goal? The ultimate aim of the change effort at Windber Medical Center was to make patient-centered care the organization’s premier priority. To support this goal the organization also committed to providing a loving, nurturing environment to patients and their families as well as to addressing all patient and patient family issues quickly and efficiently. Implementation: What interventions were employed to reach this goal? Four techniques were adopted by management to advance the change effort: training, rewards, dismissals, feedback sessions and media communications. Trainings were done through: (1) peer-to-peer where four employees from different departments were trained offsite and brought back to train their peers; (2) hiring of a management consultant; (3) taking head of departments on tours to learn new models of care; and (4) annual refresher courses. Rewards were given to employees caught caring and this motivated others to do the same. After three years nearly 10 percent of the workforce

You are tasked with analyzing the last four years of accounts of a Essay

You are tasked with analyzing the last four years of accounts of a global mining company - Essay Example Graph 1 shows the company’s liquidity ratios over the four-year period. All the point ratios are less than one, and this means that performance of the company in management of short-term assets and liabilities is poor. In addition, current ratio and quick ratio have a declining trend, and this means that the organization’s management of liquidity worsened over the period. The two ratios, however improved from year 1 to year 2 before assuming the decreasing trend. Cash ratio reported an increasing trend but it was too low, with a maximum value of only 0.15. Correlation analysis of the ratios identifies a positive correlation between current ratio and quick ratio and a negative correlation between cash ratio and both current and quick ratio. Table 1 shows the correlation coefficients. Long-term solvency ratios are indicators of management’s efficiency in long-term management of resources. The ratios compare internal and external funding that an organization has and are inversely proportional to management efficiency (Thukaram 2007, p. 90). Times interest earned ration and cash coverage ratios are however inversely proportional to management efficiency (Mayes & Shank 2011, p. 118). From the graph, total debt ratio is low, over the entire period, and debt to equity ratio and equity multiplier ratio falls to lower values by year 1. The three ratios then decreases with time, indicating improved performance, which can be forecasted. Times-interest ratio and cash coverage ratio also show an improvement trend in performance because of their increasing trends over the period. Performance in management of long-term solvency is therefore strong and show improvement possibility. Asset turnover is another performance indicator that shows asset utilization in an organization. Inventory turnover, receivable turnover, and total asset turnover measures are directly proportional to management efficiency while days of realization and capital intensity are inversely

Safety Not Guaranteed Movie Review Example | Topics and Well Written Essays - 1250 words

Safety Not Guaranteed - Movie Review Example After the Seattle Magazine’s editor Bridget screams on its staff for getting new ideas, Jeff springs up with an idea of writing an article about a queer advertisement that was posted in a newspaper. Bridget agrees and two interns including Darius and Arnau to work with Jeff in finding out about the advertisement poster. For this purpose the three of them go to a small town in order to look for the poster of the advertisement and Jeff is also determined to look for Liz. After watching out for the post office box, Darius and Arnau area able to identify the man who posted the advertisement – Kenneth, a queer man who has great interest in physics and quantum mechanics. Jeff goes to meet Kenneth at his house as a travelling partner but he is turned down. Jeff sends Darius thinking she is more suitable in piquing Kenneth’s interest. It happens that Darius and Kenneth soon bond and later, although it is not explicitly stated, Darius and Kenneth travel across time togeth er. ... Stage 2 occurs as Darius is able to interest him so that after she leaves her phone number on a soup can, Kenneth calls her. Darius pretends to have read the advertisement and have come as a travelling partner with Kenneth and when Kenneth calls Darius they both decide on a meeting spot to discuss about their â€Å"mission†. Kenneth believes that government agents are after him for discovering a way to travel back in time and so he is also a little suspicious of Darius. It happens that when Darius drives off to meet Kenneth, her car is being followed by people making Kenneth paranoid so that he cancels their meeting. At this point, Darius seems to have passed stage 3 of friendship and seems to be going towards a more romantic type of a relationship where the stage 1 has already been initiated with their meetings and interactions. Their next interaction occurs when the two decide to meet at a restaurant to discuss about their mission. The two have a friendly conversation althou gh Kenneth seems not to want to disclose much information. Kenneth then feels a sudden instinct to reach out to his car but Darius stops and reassures him thereby enabling the building of trust. There is an intense increase in their communication and closeness as the two prepare for their mission running through woods, learning to shoot at the bottles, and learning to prevent getting caught by the government agencies. This allows Kenneth and Darius to bond so intensely that Darius starts loving Kenneth and this relationship goes to a new step of commitment as in the end it implicitly seems that Kenneth now lets go of his efforts to be with Belinda, Kenneth’s girlfriend, as he has Darius with him now who has travelled with him back

The Difference between Right and Wrong Essay Example | Topics and Well Written Essays - 750 words

The Difference between Right and Wrong - Essay Example In the current competitive and dynamic world, it is very hard to define the boundary between right and wrong. In deed, the definition of what is right and what is wrong varies with so many factors. That which is morally right in a given culture may be an absolute wrong in a different culture. Thus, different cultures rate acts of rightness in variant ways. That which is generally acceptable among the new generation might be a taboo in the old generation. As such, different generations define right and wrong differently and thus contradictions are certain in definitions. Another significant difference in defining the boundary between right and wrong is religion. Some of the acts regarded as morally right are condemned in other religions depending on specific religious teachings. Islam and Christianity regularly contradict in matters of morality. Additionally, some political acts like dictatorship condoned in the developing countries will face condemnation in equal measure in the developed countries. Philosophers introduce moral dilemmas to disprove moral absolutes. They will say that lying is not necessary wrong in all circumstances as it may be important in certain situations. Similarly, disagreements on various moral crimes like abortion leave us wondering if such moral crimes are right or wrong. Many theories, counter theories, and studies are considerably trying to differentiate right and wrong in different contexts. However, no such theories draw an absolute line between right and wrong. ... An infant will also take a lot of concern on a meal shared unequally. This shows that the infant knows that fairness and equality are right attributes (Daily mail reporter, Web). Moral dilemmas as manifested by certain philosophers, give us a leeway to choose the greater good when moral absoluteness is not certain. In a situation where telling the truth would lender some innocent people to death, it would only be logical to lie and save their lives. However, this does not deny the fact that lying is wrong. Indeed, Cleeve argued that exchanging a false morality for no morality is not a right. This is because moral virtues and vices dictate that certain things are right while others are wrong. Rationalists like Socrates and Immanuel Kant, argue that intellect should prevail in differentiating right and wrong. However, Sentimentalists like David Hume, argue that emotions should prevail in making moral decisions. Greene on the other hand combines reason and emotion in making a moral deci sion (Saalfield, Web). However, it is factual that reasoning does not amount to an absolute decision on whether an act is right or wrong. In a situation where sacrificing one innocent person to save the lives of five persons, reasoning is not enough to define what is right to do. Moreover, the knowledge of what is morally right will make you understand the need to respect every individual’s life. Some people are moral relativists who believe that what is right for one person is not necessarily right for another. There is also a tendency of thinking something is wrong and assuming that everybody views it as wrong. This is because we could be logically wrong in arriving at moral decision. In fact what is right or wrong to an individual, does not

Fundamentals of Business Law Case Study Example | Topics and Well Written Essays - 750 words

Fundamentals of Business Law - Case Study Example With days the news spread in different media which are not always true as the original incident occurred. According to the Union, the grievant conducted for the document given by Mr. Burrell’s is just an act of being absent-minded and casual to the work. Burrell didn’t carefully evaluate the document before he gave to his colleagues. On the other hand by the Union, the work environment at Peters Middle School was very friendly and very similar types of documents are circulated often to exchange jokes. Supporting Mr. Burrell’s activity the Union stated that these exchanges of jokes should have been stopped earlier. This could have avoided the kind of situation aroused with Burrell. Mr. Burrell was very efficient as an educator thus taking that into account the management board should have taken a deeper look at the situation. By the Union, the Board solely believed the words from the employer witnesses which should not happen and should find a remedy to the problem. The management board with the policies for the employees has taken the right decision by terminating Mr. Burrell’s for his action against racism and violating the policies as an educator. The disciplinary action from the management is one of the major requirements for the school to establish a pleasant workspace for the other employees. Mr. Burrell’s not only violated the policies as a teacher but also tried to spread ‘hate sheet’ according to the management which should not be allowed at any cost by the board to maintain the regulation at school. According to the management board, the allegations against Mr. Burrell’s can be sorted as spreading sheets at school without permission which is not allowed. Secondly telling lie at the board meeting about the distribution of sheets and finally misrepresenting Gilbert Judson as black who is not very close to Mr. Burrell’s.

International and Comparative Human Resource Management Essay Example for Free

International and Comparative Human Resource Management Essay Globalization of business activities has over the recent past happened at rising rates. With the rapid growth of technology, coupled with constant innovations, several corporate organizations have targeted to operate in global scale. With the advent of multinational corporations, the landscape of human resource has undergone a lot of transformations that have given it a new definition. It is important to note that the definition of human resource management has not remained the same given the international dimension added to it (Edwards Rees 2006; Brewster Harris 1999). The degree to which a corporation or company can be considered to be multinational is normally determined by looking at and assessing human resource management policies it has put into place and implementation of the same; these policies are considered alongside other facets of organizational structures and functions. In ethnocentric corporations, human resource policies are formulated at the head quarters, home countries, and then supplied worldwide to other subsidiary corporations. It has been argued that this is not an appropriate strategic policy formulation for a multinational corporate organization with international human resources (Briscoe Schuler 2004). International human Resource Management is concerned more with global management of human capital of a given multinational corporation. The main aim of IHRM is to empower a multinational corporation to achieve success in its global operations; this means the corporation being competitive world all over, being efficient in its international operations, adapting to the global business environment and adapting to the same within the shortest time possible, being locally responsible (in every geographical region of its operations) and being able to transmit learning to all its globally dispersed subsidiaries. The main themes of this paper are about institutional factors that can potentially Influence IHRM practices and policies in developing countries. It also examines the implications of International Human Resource Manager. There are many actors that really influence the process of International Human Resource Management. However, for the purposes of this paper, the main focus will be on three institutional factors. Institutional factors that can Influence IHRM practices and policies in developing countries Institutional strategies and policies Different multinational corporations have different human resource management approaches. Several studies have found out that there is substantial national variance in terms of human resource management (Cooke 2002). This has mostly been witnessed where the parent country’s strategies seem to dominate how a multinational corporation manages its human capital. This is referred to as ethnocentric or forward diffusion strategies (Keeley 2001). This ethnocentric approach has been a big hindrance to the diffusion of parent practices into other subsidiaries. More research studies that have been done have also drawn focus to the influence which the parent country has on how strategic decisions regarding human resource management is done by a company in the host country. Most developing countries pursue different trade policies and strategies; they are these strategies and policies that inform how the multinational corporations operate and interact with other corporations from other developing and developed nations as explained by Kidd et al (2001, pp. 154-163). The fact is that these developing nations have different cultures from the host nations. Due to these differences, it has become an uphill task to transfer human resources management strategies amongst the developing nations. Moreover, different nations come up with changing legislations regarding labor management. These legislations are on policies that may concern minimum wages payable to an employee, the number of expatriates allowed in a foreign owned corporation and also the work status of such expatriates. Developing economies have different economic systems governed by different economic policies and strategies (World Book Encyclopedia 1994). Some economies are centralized while others are liberalized. In the centralized economies, it becomes a bit more difficult for foreign-owned corporations to get foreign expatriates and according to Dutkiewicz and Espino (1997, p. 22), a corporation may be forced to hire purely locally; the issue here is that centralized economies are under direct governments’ control. With respect to this, different governments come up with certain restriction or legislations that may be different from the home country of a parent corporation. Different countries also have varied legislations regarding human capital and multinational corporations are expected to comply with the legislations of the host countries. One area in which legislations differ is in terms of income. Income taxes may vary and have different ranges. This is always likely to have negative impact on the attitude of employees who are transported or exported to countries where income taxes are high. Besides, due to currency fluctuation in the global financial market, managing the salaries for the expatriates becomes a big challenge to International Human Resource Management process. Political factors Politics is one of the major factors that directly impact on IHRM. The political activities in the developing economies have significant influences in the IHRM. Elaboration of this point is evidenced by the fact that different developing nations have varied political environments. The political environments of developing nations are more dynamic in comparison to the political environment of Western developed and other developed nations. Due to this, International Human Resource Management process faces more challenges in the developing economies than developed countries. The causes of these challenges emanate from the fact that the political landscape is characterized by varied opinions by different rival politicians giving promises to the people during electioneering periods; this has made the political environment of the nations to be unstable and hence unpredictable in terms of efficient and effective IHRM policies implementation (Sparrow 2009). Political factors are intertwined with economic factors; this is in the sense politics determines economic activities in the countries. The role of politics in this sense is strong in the developing countries where poverty indices are still low. Political instability and or elements of social conflicts may scare away foreign direct investments; and most importantly, foreign workers may fear working in such economies. The effect of this scenario is ineffective transfer of human capital to certain regions. However, political stability and relative peace in these economies are likely to benefit multinational corporations as far as IHRM is concerned (Sparrow 2009). Within the political environment, there are several pressure groups and institutions that represent different interests of particular individuals. Labour unions are some of the mostly prominent pressure groups shaping the political landscapes. The availability and the latent influence exacted by the labour unions are some of the dominant factors considered when multinational corporations are deciding on countries to expand their operations to. The multinational corporations consider critically the potential cost and other limiting factors associated with the influence of labour unions. The structures of labour unions, their priorities and legislations and practices vary greatly amongst the developing nations. Some of the unions are organized based on the basis of shared industries while others are organized according to occupation of the members. There are nations where labor unions play a major role in labor relations and, low, are allowed to have representations in the boards of multinational corporations. Otherwise, there are also developing nations where independent labour unions are suppressed. Moreover, in some countries labour unions are only mainly concerned with safeguarding personal interests of workers; such interests are commensurate wages and better working conditions. In other nations, labour unions are actively involved in political process and activism. The presence of labour unions may be both beneficial and disadvantageous to multinational corporations. However, it is the prerogative of individual Multinational Corporation to decide whether it is to venture and carry out its expanded operations in a country of choice. However, it is important to mention that there are varied implications of the dynamic labor unions to the International Human Resource Management, especially in developing nations where labour unions are fully involved in mainstream politics and activism. These unions are not just a collection of workers, but also of individuals with political motivation. The consequence of this is that political issues may get into the core business of a multinational corporation thereby jeopardizing its business objectives. Therefore, International Human Resource Managers have to deal with more diversified labour issues than the national human resource managers. Organizational culture Organizational culture is one of the institutional factors that affect the IHRM. An organization’s culture is a popular concept in the theory of organizational management. It is used to refer to the underlying fundamental assumptions, shared norms and values that determines and informs the behavior of individuals attached to the organization; it serves as a behavioral control and provides a framework within which employees are to carry out organizational duties. Research has shown that there is evidence of potential ability of organizational culture in informing the values of the employees (Perkins 2000). Nonetheless, further studies have shown that an organizational culture may instill values and norms that are not consistent with those of national culture to its employees. Consequently, the both national and organizational cultures are likely to conflict at international level. Focusing on organizational culture, it is crucial to note that when a corporation goes multinational, it is likely to face challenges in situations it establishes subsidiaries in countries where its culture is potentially in conflict with the national culture of the host country. It therefore implies that an internationalizing corporation requires carrying out of thorough audit of the new regions of operations and reforming its organizational culture to conform to the national culture of the host state. This may include changing its human resource policies and harmonizing them with those of the host state (Perkins 2000). Every organization has its own culture, which it uses to remain distinct within the global sphere (Joynt Warner 1996). However, this may not stand due to varied national cultural practices of different nations. As has been discussed earlier, the organization will be forced to adapt to cultural practices of the host countries; this may mean employees working in each subsidiary have differing norms and values. This situation is extensively discussed and explained by Heath (2005, p. 233). The organizations may find it appropriate to adapt to the cultures in the host countries. The implication of this is that the organization is most likely to lose its organizational cultural identity; but still the organization has to operate as a unit on the world business platform. Taking for instance, operating in a purely Muslim country will need restructuring how human capital is managed in the organization. The relationship between men and women in Muslim countries are not as liberal as other non-Muslim nations. Therefore, the organization is faced with lots of cultural dilemmas in terms of IHRM. Joint ventures and acquisitions are some of the ways through which multinational corporations expand their operations. Given the varied organizational cultures of the developing countries, integrating human capital to work as a unit is likely to be faced with some challenges on the basis of cultural conflict. This situation may be more evident where two multinational corporations come together just to form a joint venture. However, the organizational culture of the acquiring corporation may dominate the whole negotiation. But it is also important to note that, with this respect, organizational culture may not be a problem where a multinational corporation expands its operations to regions where its culture is identical or closely related to the host’s national culture and organization (Perkins 2000). Due to different and varied national and organizational cultures, a multinational corporation may consider localizing recruitment of its human capital. The advantage of this is that there is no need to grapple with cultural issues since human resources are tapped locally; the employees are already familiar with their own national culture and are able to form a uniform organizational culture (this is where the organization has decided it will allow its organizational culture to vary regionally or geographically). This is exemplified where multinational corporations expand within the developing Muslim states. Adoption of new technology and effecting new changes form an important part of an organizational culture. Employees and other stakeholders have different opinions regarding new changes; due to this, it is important that they are well prepared for such changes. Otherwise, any form of change may not get their support, especially when change involves the corporate organization going global with its business operations. An organization may be forced to ensure that its potential expatriates are well informed on the imminent changes and how they are likely to be affected.

Successful People Essay Example for Free

Successful People Essay To Kill a Mockingbird by Harper Lee and Stand and Deliver by Ramon Menendez and Thomas Musca are two similar stories where the main characters are both very determined. They both want to make a difference and are both very confident men. In To Kill a Mockingbird, Atticus Finch, the main character, is a white older man that is a lawyer. During the book, he has to defend a black man who was charged with raping a white woman. During that time period, black people were seen by the community as trash and or not important. In Stand and Deliver, Jaime Escalante, the main character, is a Hispanic man that was put into a dangerously diverse school district. He goes to the school as a computer teacher, but the school doesn’t have computers. He then is assigned as a math teacher that has to find a way to teach students that society has assigned them as rejects. There are three similarities with the two main characters of each story. They both are very determined, they both want to make a difference, and they both are very confident. To be a successful person like Atticus Finch and Jaime Escalante, you have to be very determined. Atticus Finch shows his determination in the work he does and the quality of work he does. Atticus is especially determined in the trial of Tom Robinson, a black man that was accused of raping a white woman. Atticus Finch went into the trial knowing that he was going to lose because in that time period a black person is convicted of something. Even if they didn’t do it they are guilty. But when he was done with the trial, he didn’t care if he won or lost. All he cared about was that he got the jury to think. Jaime Escalante shows his determination when his fellow teachers tell him he can’t do things. He also shows his determination in teaching his students. He also teaches the community adult school. Jaime is very determined especially when his fellow teachers tell him that the students he’s trying to teach are dumb and stupid and have horrible work ethics. He proves them wrong. He tries teaching the students, which is unheard of by that school. Jaime goes above and beyond on his teaching. He has class during the summer in the school’s locker room with no air conditioning and no air movement just to help his students have a better life. He also teaches at the community adult school to allow his fellow aged citizens have a better education and allow them to live a better life and advance in a society that is crumbling. Atticus Finch and Jaime Escalante both show that to be a successful person you have to be very determined and have a goal in your life to be successful. To be a successful person like Atticus Finch and Jaime Escalante, you have to want to make a difference. Atticus Finch wants to make a difference in his community and in his family. Atticus Finch shows that he wants to make a difference in his community by getting rid of the black versus white going on. â€Å"The colored balcony ran along three walls of the courtroom like a second-story veranda, and from it we could see every-thing† (164). He shows that he wants to make a difference in his family by getting his family to get rid of the black versus white and also by having his cousin come and stay with them over the summer to teach Scout how to be a lady. Jaime Escalante wants to make a difference in his community and in his students. Jaime shows that he wants to make a difference in his community by teaching students, parents, and older adult’s math and that their community isn’t just about getting a job and having or dealing with racial conflicts, which they can change the community by wanting and trying to learn. He also wants to make a difference in his students by not having them just follow what the other students are doing. The other students didn’t want to learn, were in gangs, and didn’t want their friends to learn. Their friends wanted them to do things that would hurt or ruin their lives, and he succeeds in teaching them that life is not just about a job and what your friends do and to follow them. It’s not about what your friends think and how you see yourself around your friends. Life’s about living life to the fullest. The way you want to do it, and not the way society thinks you should do it. Atticus Finch and Jaime Escalante have both shown that they want to make a difference in their lives and the lives of others. To be a successful person like Atticus Finch and Jaime Escalante, you have to be very confident. Atticus is a very confident man when it comes to him being a lawyer and everything that he does. Atticus shows that he is a very confident person in the Tom Robinson case because in that time period black people like Tom were guilty of any crime that someone accused them of. Atticus had to be precise on what he said and how he said it to try and make the jury think about the case. Atticus is also very confident in everything he does. One thing he does is shoot a rabid dog to save his community and never missed. â€Å"I saw that, One-Shot Finch!! †(97). This quote shows that when Atticus is determined to shoot this dog to save his community that he is so confident that he only has to use one shot to kill the rabid dog. Jaime Escalante is a very confident person especially with his teaching methods and how he pushes his students to succeed. Jaime shows how confident he is with his teaching methods with his students by being one on one with them and teaching them the way they want to be taught and also with their personality. The other teachers tell him that he can’t teach the students college level math and that the students wouldn’t learn it because they were stupid. Jaime was confident and persistent on the students to succeed and to learn at their fullest potential. Atticus Finch and Jaime Escalante have both shown that they are very confident in their everyday lives and in their jobs. Successful people tend to be very determined, want to make a difference, and are very confidence with strong personality traits. If all people where like Atticus Finch and Jaime Escalante, the world would be a better place to live in. We would have smarter, more educated, and more intelligent people. People would be determined to get things done and not wait till the last minute and not do things. People would want to make a difference not just to be a follower that blends in. They would want to stand out and make a difference for themselves, for their community, for their country, and for the world. These people would have to be confident in what they do and how they do it because the followers and people that blend in would judge them and hopefully follow them. If people would act like Atticus Finch and Jaime Escalante in school, we wouldn’t have to worry about bad things going on in school. We wouldn’t have to be scared about things that come up on a daily basis like drugs, stealing, gangs, fights and things like that. On a larger scale, the world would be perfect. We wouldn’t have so many things to protect us because we would be intelligent enough to not need them. People would be very determined to be better than the next person. People would want to make a difference, and they would have to be very confident because it would take a great amount of time and dedication to become like Atticus Finch or Jaime Escalante. To be a successful person, you have to be determined, have to want to make a difference, and you have to be confident. These three personality traits are what make up great people like Atticus Finch in the book To Kill a Mockingbird and Jaime Escalante in the movie Stand and Deliver, and they truly teach us how a successful person lives.

Effects of, and Uses for Paracetamol

Effects of, and Uses for Paracetamol Paracetamol, also known as acetaminophen, is a widely used medicinal drug available over the counter The chemical name for Paracetamol is N-acetyl-p-aminophenol. Over-the-counter (OTC) Analgesic and antipyretic action with weak anti-inflammatory action Synergic effect with other analgesics, especially codeine and NSAIDs, resulting in better overall pain control Major ingredient in cold flu remedies Used in combination with opioid analgesics Oral Paracetamol has an oral bioavilabity of 63-89%. A drug given orally goes through first pass metabolism. Intravenous Intravenous administration of paracetamol has a bioavilabity of 100% Rectal Paracetamol has a rectal bioavilabity of 24-98%. Bioavailability is the amount of dose absorbed from the site of administration Oral administration has a little first pass metabolism in the liver and is well absorbed from the gastrointestinal tract First pass metabolism involves the drug being absorbed into the portal vein system via the intestine wall after which it is carried to the liver. Before the drug reaches its target site it may therefore to some extent be metabolised in the liver. A plasma concentration of 10-20mcg.ml-1 for paracetamol results in an antipyretic effect however the concentration needed to lead to an analgesia effect is not properly known. All three routes of administration have a significant difference in the time needed to reach peak plasma concentrations. Of all three routes intravenous administration reaches peak plasma concentration in the shortest amount of time and suppository takes the longest, Oral : For adults 325-650mg tablets can be taken every 4 to 6 hours 1 gram can be taken every 4 hours with a maximum of 4 doses in 24 hours. Rectal: suppositories are available in 250 and 500mg. Two 500mg suppositories can be taken by adults and children over 12 IV: The maximum dose that can be given is 3g in 24 hours For children there new dosage guidelines that put children into 7 precise age groups Since IV administration has 100% bioavilabity there is a high chance of toxicity in patients that have renal and/or hepatic problems Absorbed through the wall of the intestine and into the blood. Speed and efficiency of the absorption is determined by several factors which include the pKa, log P and molecular mass of the drug Low molecular mass and is almost completely unionised in the small intestine which allows it to be absorbed more easily Oral Bioavailability – 70%-90% Rectal Bioavailability – 30%-70% Distributed throughout the body fluids in a homogeneous way Analgesic activity is attributable to the small fraction that penetrates into the brain Binds to plasma proteins at less than 20% A high degree of protein binding makes the drug long acting The glucuronidation and sulfation pathway for paracetamol metabolism lead to the production of unharmful and on toxic products. The middle N-Hydroxylation and rearrangement pathway mediated by the isoenzyme of cytochrome p450 (CYP2E1 and CYP3A4) pathway leads to the production of toxic metabolite NAPQ1 which covalently binds to cell macromolecules in overdose. In normal cases NAPQ1 binds with glutathione resulting in an unrhamful and nontoxic product. Part A of the figure shows the metabolism of paracetamol in a healthy individual. Around 95% of the drug is conjugated with glucuronide and excreted in the urine. The leftover is conjugated with glutathione Part B shows the metabolism of paracetamol in an individual that is starved. The conjugation of glutathione does not take place adequately and its depletion results in the build of hepatotoxic NAPQ1 Excreted in urine Predominantly in the form of inactive glucuronide and sulphate conjugates A small amount of the drug is converted to a very reactive alkylating metabolite that is inactivated with reduced glutathione and is excreted in the urine as cysteine and mercapturic acid conjugates Paracetamol is absorbed from the GI tract and a peak plasma concentration occurs within 10-60 minutes after being taken orally. It has a half-life of approximately 2 hours It is distributed into the majority of body tissues Has an elimination half life ranging from 1-3 hours The volume of distribution for paracetamol is around 1L/Kg of body weight with an insignificant amount of the drug binding to plasma protein. Inhibition of cyclooxygenase (COX) – specifically COX-2 Reduces the oxidised form of the COX enzyme, preventing it from forming pro-inflammatory chemicals Peripheral anti-inflammatory activity is usually limited by high level of peroxides present in inflammatory lesions (including several other factors) Metabolites of paracetamol act upon the spinal cord via TRPA1-receptors modulates the endogenous cannabinoid system Paracetamol works inhibiting the synthesis of prostaglandins Because of its selectivity for COX-2 it does not significantly inhibit the production of the pro-clotting thromboxanes. Metabolies: suppressing the signal transduction from the superficial layers of the dorsal horn to alleviate pain. The nuclear receptor constitutive androstane receptor (CAR) can be activated by paracetamol. This induces the expression of three cytochrome P450 enzymes that lead to the transformation of paracetamol into N-acetyl-p-benzoquinone imine (NAPQI) is a reactive and toxic metabolite. It can be detoxified by conjugation with glutathione Paracetamol is a safe drug and doesn’t cause toxicity unless taken in the wrong dosage or in extreme circumstances such as starvation. Also when taken with alcol for long periods of times it enhances toxicity as the coentration of toxic metabolites such as NAPQ1 increases. NAPQ1 firstly goes through detoxification in the liver via glutathione conjugation catalysed by the enzyme GST and then goes through acetylation in the kidneys. This step is catalysed b M-acetyl transferase. It then gets excreted in the urine. The cytochrome p450 enzyme (isoenzyme CYP2E1) procures hepatoxic metabolites in small quantities. The phase 1 metabolism of paracetamol mediated by p450 gives rise to NAPQ1, that is detoxified by phase 2 conjugation with glutathione. During overdose depletion of glutathione occurs and NAPQ1 accumulates Phase 1 metabolism is where the drug molecule foes though basic structural alteration through reduction, hydrolysis, or oxidation (which is catalysed cytochrome p450 enzymes) Phase 2 metabolism involves conjugation (an ionised group attaches to the drug) making it metabolite water soluble. In the case of paracetamol overdose NAPQ1 can accumulate and can possibly lead to liver damage if left untreated It can also damage other organs that contains P450 enzymes such as the kidneys where the toxicity could result in renal dysfunction and pancreas. Liver toxicity can be prevented by blocking the activation of CAR with an antagonist or Paracetamol overdose occurs at around 7-8 g  in an adult and more than 150 mg/kg in children. Liver damage : The centrilobular zone is the first zone in the liver that gets affected by the toxicity. In extreme cases zones 1 and 2 present in the parenchyma get damaged. Kidney damage: renal dysfunction leads to the need of dialysis as a tubular necrosis table place because of the localised formation of NAPQ1.

John Dereks Tarzan the Ape Man Essay -- Film Movies

John Derek's Tarzan the Ape Man For the last one hundred years, Tarzan has graced movie screens all around the world. Edgar Rice Burroughs’ creation has caught the eye of entertainment in a major way. While movies of Tarzan have come and gone, a unique 1981 version of Tarzan the Ape Man stuck out. This controversial film uses the book from Jane Porter’s (Bo Derek, who is also the producer) point of view. It is a sexy film, where fantasies are fulfilled and dreams come true. The motion picture primarily focuses on Jane’s take of her relationship with Tarzan (Miles O’Keeffe). This modern version of Burroughs’ Tarzan of the Apes has a distinctively romantic theme throughout. Jane Porter’s role as damsel in distress is shown through her first interaction with Tarzan. A quick dip in the water turns into a battle with an enormous boa constrictor. Fulfilling his role as heroic savage, Tarzan swings into the water from the treetops and wrestles the snake off of Jane. Interesting enough, he does so without his infamous knife. The knife was a symbol of his civilization in Burroughs’ book. Derek takes away this civilization in order to create the perfect primitive savage. A person, particularly a woman, would not see a man thrashing at an animal with blood flying everywhere, as an attractive scene. Since this film is a woman’s fantasy, Derek leaves out the knife for it is an impurity to Tarzan’s appealing role. At the conclusion of the fight with the snake, Tarzan carries Jane into the jungle to safety where Tarzan himself passes out. The first sign of Jane’s infatuation with Tarzan is revealed as she comfo rts him. While Tarzan is unconscious, Jane strokes his body, everywhere. She makes it ... ... Tarzan runs off. In the final epic rescue of Jane, Tarzan attacks the tribe which has abducted her and her father. After killing the tribe’s greatest warrior, Tarzan frees Jane, and runs off with her to the jungle. Jane sees the nighttime as an opportunity to carry out her fantasy with the Great White Ape. They gaze into each other’s eyes and proceed to spend the rest of the night intertwined. Throughout the film, Jane’s fixation with Tarzan is apparent. It takes a contrasting perspective compared to Burroughs’ Tarzan, where Tarzan has the fixation with Jane. Bo Derek transforms the â€Å"innocent Victorian† Jane into a powerful, demanding woman. Initially hearing â€Å"there is much to fear† about Tarzan, Jane decides against common thought. Tarzan’s primitive savagery appeals greatly to Jane. Her passion for the noblest of savages is everlasting.

Pocho by Jose Antonio Villarreal :: Mexican Culture Catholicism Book Review

Pocho by Jose Antonio Villarreal Many people would say that to be born a Mexican is to be born a Catholic. This perpetuating stereotype has forced many Mexican families to raise their children as if no other religions options even existed. In the book Pocho by Jose Antonio Villarreal a young boy by the name of Richard Rubio finds himself being raised Catholic by a traditional Mexican family. Richard, struggling to find his place in the world, has his parents religious beliefs pressed down on him forcing him to conform to a religion he does not agree with. Throughout the course of the novel the Catholic religious beliefs imposed on Richard affected his personality in many ways. By the end of the book it is clear that not allowing others to find their own spiritual calling can have drastic effects on their ability to recognize who they are. Many of the spiritual problems Richard faces in book are common to a number of Mexican children. Through the use of my personal experiences in being in a situation similar to that of Richard's, I intend to support my claim that forced beliefs may have damaging effects on a person. As soon as the main character Richard is introduced into the story line we learn his beliefs about god before we even learn his name. Perhaps Villarreal, even this early, is tiring to show readers that in the Mexican American culture religion, specifically Catholicism, plays an extremely large role. Richard carries his Virgin Mary picture home which he received as a reward for being the first in his age group to learn the catechism protecting it in his handkerchief. The Catholic Church has often rewarded people for their achievements when pertaining to studying their religion in hope that they will encourage them to remain catholic. When I attended catechism I was always rewarded for having perfect attendance. This idea that you will be rewarded for an achievement or attendance may be a way for the church to make sure you are there every Sunday and behaving well. Richard claims that the picture had little value to him but it was a symbol of recognition. Surely he would go home and p resent it to his mother knowing that it being from the church would mean a lot to her. Many times I would do the same thing with my tokens of recognition, posting them proudly on the refrigerator, not because it was worth anything, but because of the praise I would received for it.

Ideal and Goal Essay

As The Florida Bar grows, it becomes more important to articulate our ideals of professionalism and to emulate such ideals by deed. To The Florida Bar, Lawyer Professionalism includes: (1) a commitment to serve others; (2) being dedicated to the proper use of one’s knowledge to promote a fair and just result; (3) endeavoring always to enhance one’s knowledge and skills; (4) ensuring that concern for the desired result does not subvert fairness, honesty, respect and courtesy for others with whom one comes into contact, be they fellow professionals, clients, opponents, public officials, including members of the judiciary, or the public; (5) contributing one’s skill, knowledge and influence as a lawyer to further the profession’s commitment to serving others and to promoting the public good, including efforts to provide all persons, regardless of their means or popularity of their causes, with access to the law and the judicial system; (6) educating the public about the capabilities and limits of the profession, specifically what it can achieve and the appropriate methods of obtaining those results; and (7) accepting responsibility for one’s own professional conduct as well as others in the profession, including inculcating a desire to uphold professional standards and fostering peer regulation to ensure each member is competent and public-spirited. To reinforce and communicate the ideals of lawyer professionalism among our members, and particularly, to take the â€Å"abrasions† out of our conduct with others, particularly our colleagues at the Bar, The Florida Bar adopts the following statement of ideals and aspirational goals: 1. Commitment to Equal Justice Under Law and the Public Good Ideal: A Florida lawyer should, in both professional and personal conduct, recognize that a license to practice law is a privilege which gives the lawyer a special position of trust, power and influence in our society. This privilege brings corresponding duties, for which the lawyer is accountable to the public, namely, to use that position and power in an honest and fair manner which respects the dignity of others, promotes the public good, and protects our system of equal justice under the law. Goals: 1.1 A lawyer should at all times avoid the appearance of impropriety. 1.2 A lawyer should counsel and encourage other lawyers to abide by these ideals of professionalism. 1.3 A lawyer should at all times promote in the general public an understanding of the role of the legal profession in our system of equal justice under law. 1.4 A lawyer should encourage and support only those judicial candidates who by skill, knowledge, experience, integrity, temperament and commitment to public service are qualified to hold such positions. 1.5 When considering whether to advertise and what methods of advertising to use, a lawyer’s first goal should be to promote and protect public confidence in a just and fair legal system founded on the rule of law. 1.6 Upon being employed by a new client, a lawyer should discuss fee and cost arrangements at the outset of the representation, and promptly confirm those arrangements in writing. 1.7 In any representation in which the fee arrangement is other than a contingent percentage-of-recovery fee or a fixed, fiat-sum fee or in which the representation is anticipated to be of more than brief duration, a lawyer should bill clients on a regular, frequent interim basis. 1.8 When a fee dispute arises that cannot be amicably resolved, a lawyer should endeavor to refer the dispute to the appropriate fee arbitration panel. 2. Adherence to a Fundamental Sense of Honor, Integrity, and Fair Play Ideal: A lawyer should at all times be guided by a fundamental sense of honor, integrity, and fair play, and should counsel his or her client to do likewise. Goals: 2.1 A lawyer should not impose arbitrary or unreasonable deadlines for action by others. 2.2 A lawyer should not make scheduling decisions with the motive of limiting opposing counsel’s opportunity to prepare or respond. 2.3 A lawyer should not unreasonably oppose an adversary’s application for an order or an adversary’s request to insert a term or provision in a document. 2.4 A lawyer should never permit nonlawyer support personnel to communicate with a judge or judicial officer on any matters pending before the judge or officer or with other court personnel except on scheduling and other ministerial matters. 2.5 A lawyer should notify opposing counsel of all communications with the court or other tribunal, except those involving only scheduling or clerical matters. 2.6 When submitting any writ-ten communication to a court or other tribunal, a lawyer should provide opposing poraneously, and sufficiently in advance of any related hearing to assure both the court and opposing counsel have a reasonable opportunity to review it beforehand. 2.7 A lawyer should promptly comply with requests to prepare proposed orders. 2.8 When scheduling hearings and other adjudicative proceedings, a lawyer should request an amount of time that is truly calculated to permit full and fair presentation of the matter to be adjudicated and to permit equal response by the lawyer’s adversary. 2.9 A lawyer should immediately notify all counsel of any hearing time that the lawyer has reserved with the court or tribunal. 2.10 When there has been pretrial disclosure of trial witnesses, a lawyer should make a reasonable, good-faith effort to identify those witnesses whom the lawyer believes are reasonably likely to be called to testify. 2.11 During trials and evidentiary hearings the lawyers should mutually agree to disclose the identities, and duration of witnesses anticipated to be called that day and the following day, including depositions to be read, and should cooperate in sharing with opposing counsel all visual-aid equipment. 2.12 When there has been pretrial disclosure of trial exhibits, a lawyer should make a reasonable good-faith effort to identify those exhibits that the lawyer believes will be proffered into evidence. 2.13 A lawyer should not mark on or alter exhibits, charts, graphs, and diagrams without opposing counsel’s permission or leave of court. 2.14 A lawyer should abstain from conduct calculated to detract or divert the fact-finder’s attention from the relevant facts or otherwise cause it to reach a decision on an impermissible basis. 3. Honesty and Candor Ideal: A lawyer’s word should be his or her bond. The lawyer should not knowingly misstate, distort, or improperly exaggerate any fact or opinion and should not improperly permit the lawyer’s silence or inaction to mislead anyone. Goals: 3.1 In drafting a proposed letter of intent, the memorialization of an oral agreement or a written contract reflecting an agreement reached in concept, a lawyer should draft a document that fairly reflects the agreement of the parties. 3.2 In drafting documents, a lawyer should point out to opposing counsel all changes that the lawyer makes or causes to be made from one draft to another. 3.3 A lawyer should not withhold information from a client to serve the lawyer’s own interest or convenience. 4. Fair and Efficient Administration of Justice Ideal: A lawyer should always conduct himself or herself to assure the just, speedy, and inexpensive determination of every action and resolution of every controversy. Goals: 4.1 A lawyer should endeavor to achieve the client’s lawful objectives as economically and expeditiously as possible. 4.2 A lawyer should counsel the client concerning the benefits of mediation, arbitration, and other alternative methods of resolving disputes. 4.3 A lawyer should counsel the client to consider and explore settlement in good faith. 4.4 A lawyer should accede to reasonable requests for waivers of procedural formalities when the client’s legitimate interests are not adversely affected. 4.5 A lawyer should not invoke a rule for the purpose of creating undue delay. 4.6 A lawyer should never use discovery for the purpose of harassing or improperly burdening an adversary or causing the adversary to incur unnecessary expense. 4.7 A lawyer should frame reasonable discovery requests tailored to the matter at hand. 4.8 A lawyer should assure that responses to proper requests for discovery are timely and complete and are consistent with the obvious intent of the request. 4.9 In civil cases, a lawyer should stipulate all facts and principles of law which are not in dispute, and should promptly respond to requests for stipulations of fact or law. 4.10 After consulting with the client, a lawyer should voluntarily withdraw claims defenses when it becomes apparent that they are without merit, are superfluous or merely cumulative. 4.11 A lawyer should appear at a hearing before a court or other tribunal fully prepared to submit the matter at issue to the court or tribunal for adjudication. 4.12 A lawyer should not use the post-hearing submission of proposed orders as a guise to argue or reargue the merits of the matter to be determined. 4.13 A lawyer should not request rescheduling, cancellations, extensions, and postponements without legitimate reasons and never solely for the purpose of delay or obtaining unfair advantage. 5. Courtesy Ideal: A lawyer should treat all persons with courtesy and respect and at all times abstain from rude, disruptive and disrespectful behavior. The lawyer should encourage the lawyer’s clients and support personnel to do likewise even when confronted with rude, disruptive and disrespectful behavior. 6. Respect for the Time and Commitments of Others Ideal: A lawyer should respect the time and commitments of others. Goals: 6.1 Before scheduling a hearing on any motion or discovery objection, a lawyer should endeavor to resolve or narrow the issue at hand. 6.2 In scheduling depositions upon oral examination, a lawyer should allow enough time to permit the conclusion of the deposition, including examination by all parties, without adjournment. 6.3 Unless circumstances compel more expedited scheduling, a lawyer should endeavor to provide litigants, witnesses, and other affected persons or parties with ample advance notice of hearings, depositions, meetings, and other proceedings, and whenever practical, schedule such activities at times that are convenient to all interested persons. 6.4 A lawyer should accede to all reasonable requests for scheduling, rescheduling, cancellations, extensions, and postponements that do not prejudice the client’s opportunity for full, fair and prompt consideration and adjudication of the client’s claim or defense. 6.5 Upon receiving an inquiry concerning a proposed time for a hearing, deposition, meeting, or other proceeding, a lawyer should promptly agree to the proposal or offer a counter suggestion. 6.6 A lawyer should call potential scheduling conflicts or problems to the attention of those affected, including the court or tribunal, as soon as they become apparent to the lawyer. 6.7 A lawyer should avoid last-minute cancellations of hearings, depositions, meetings, and other proceedings. 6.8 A lawyer should promptly notify the court or tribunal of any resolution by the parties that renders a scheduled court appearance unnecessary. 6.9 A lawyer should be punctual in attending all court appearances, depositions, meetings, conferences, and other proceedings. 6.10 A lawyer should respond promptly to inquiries and communications from clients and others. 7. Independence of Judgment Ideal: A lawyer should exercise independent judgment and should not be governed by a client’s ill will or deceit. Goals: 7.1 A lawyer should counsel the client or prospective client, even with respect to a meritorious claim or defense, concerning the public and private burdens of pursuing the claim as compared with the benefits to be achieved. 7.2 A lawyer should at all times provide the client with objective evaluations and advise without purposefully understating or overstating achievable results or otherwise creating unrealistic expectations. 7.3 A lawyer should not permit the client’s ill will toward an adversary, witness, or tribunal to become that of the lawyer’s. 7.4 A lawyer should counsel the client against the use of tactics designed: (a) to hinder or improperly delay the process involved; or (b) to embarrass, harass, intimidate, improperly burden, or oppress an adversary, party or any other person and should withdraw from representation if the client insists on such tactics. 7.5 In contractual and business negotiations, a lawyer should counsel the client concerning what is reasonable and customary under the circumstances.