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1st Ammendment of USA constitution
First Amendment
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Introduction
According to the first amendment of the constitution of United States of America, “Congress shall make no law respecting an establishment of religion, prohibiting free exercise or abridging freedom of speech; press the right of people to assemble and to petition the Government to readdress grievances”. It clearly stipulates that an individual right to practice religion is a fundamental right and should not be prohibited. According to the United States Constitution the freedom of speech, right peaceable assembly and freedom of press should not be infringed by religion view point.
During the years that have past there are various cases which the first amendment have been violated or put to test from various states. This cases deal with the infringement of rights and freedoms of individuals. The rights in the first amendment have been valuable to the free society, although they have been limited at some point. This is because when a person or entity takes advantage of this rights and the person is presenting a clear and present danger to the public, they should be limited when they endanger the public. Such a case as:
Stanley vs. Georgia (1969): The accused Stanley and arrested after, authority with warrants searched the home and found with films that were projected or deemed obscene. He was indicted, tried and convicted for obsession of obscene matter and was in violation of Georgia laws. The Supreme Court contended that statutes validity on obscenity is unconstitutional as an allegation was claimed on private possession of obscene matter and no evidence was found to indicate sale or expose or circulate content. Subsequently the first amendment prohibits making private possession of obscene material a crime. The Constitution protects the right to receive information regardless of social worth and free from government intrusions. Another case was one that defined the government’s obligations to respect, maintain and uphold legal rights of citizens in event of arrest.
Brandenburg vs. Ohio (1969): Clarence Brandenburg 1st amendments rights had been violated due to the fact that he had been punished for non criminal expression after his arrest. Clarence was a leader of the Ku Klux Klan he was recorded by a Cincinnati news station where his speech had racial slurs and which urged violence against African Americans and Jews. The state must preserve and protect an individual’s human rights and liberties (Olson, 2008). The Supreme Court ruled in favor of Brandenburg as the Ohio statute undermined the first amendment freedom of speech and expression. The Human rights which include respectful, fair and ethical treatment without violence and harm was the sentiments of the Ku Klux Rally were no immediate danger to the state. The Supreme Court distinguished between implied violence and violent acts. In the case below the violation of the first amendment right to access of criminal trials which were previously free to press and the public.
Globe Newspaper Company vs. Superior court (1982): The Massachusetts trial court provided for exclusion of press and public from courtroom case that involved a victim under the age of 18 and a defendant charged with rape of three minors. The Newspaper Company challenged the exclusion in the supreme judicial court it held that the fact that the exclusion order expired with completion of the trial at which the defendant was acquitted does not render the controversy moot within the meaning of Art. III. It held that by offering such protection it will serve to ensure individual citizens can participate in contributing to republican system of self government.
Massachusetts statute as construed by Massachusetts Supreme Judicial Court violated the first amendment that embraces the right to access criminal trials which ensures that the constitutionally protected discussion of government affairs is an informed one. The court noted that although it was in the interest of protection closure it would be advisable to let the victim testify as the names were already in the press (Wagman, 1991). The constitutional right of press and public to gain access on the trial would not be restricted only and only if it is to protect the states interest. The role in the judicial process is significant as such trials have historically been open to press and public. It was noted that it was for protection of the minor victim’s sex crimes from further trauma and embarrassment so as to encourage such victims to come forward.
Conclusion
The First Amendment is a part of the Bill of Rights in and the amendment which disables an entity or individual from practicing or enforcing a religious viewpoint which infringes on the freedom of speech, right peaceable assemble, freedom of press, a right of access to criminal trials and prohibits governmental evaluation of grievances. Without the First Amendment, religious minorities could be persecuted, the government might well establish a national religion, protesters could be silenced, the press could not criticize government, and citizens could not mobilize for social change.
The Supreme Court interpreted the first amendment as a profound national commitment on public issues that should be uninhibited, robust and wide-open. Freedom of speech was important in the history of America as women and the oppressed minorities could express there needs. This also assisted women to use the right to assemble and petition and gather more women as per the right of association
Reference
Wagman, R. J. (1991). The first amendment book (pp. 12-78) the University of Michigan: World Almanac Books
Olson, D. A. (2008) Cases on the first amendment (pp. 500-750) Vandeplas Publishing
Final Project International Strategic Plan
BUS 3103 INTERNATIONAL BUSINESS AND GLOBALIZATION
Final Project: International Strategic Plan
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Executive Summary
Yam International has achieved tremendous success in marketing its line of bakhoor in India despite operating in a highly competitive environment. The company has created a strong brand that is popular with the young people especially based on the notion that. Though the company has succeeded in achieving a differential advantage courtesy of its localised employee learning strategy, it is has been struggling to achieve a cost advantage due to the increased costs of production. To this end, Yam International should consider refocusing its marketing strategy. It is recommended that the company should position itself to serve the young population living in urban areas by launching a line of multipurpose bakhoor products. Moreover, the company needs to review other marketing mix activities such as streamlining its people/workforce, pursuing multi-distributional channels, improving its physical evidence in retail outlets, pricing its product brands at competitive prices, and placing the bakhoor product brands in easily accessible points. The company has a mission to enter India Market
Contents
TOC o “1-3” h z u Introduction PAGEREF _Toc374103262 h 3Product Analysis PAGEREF _Toc374103263 h 6Environmental Analysis PAGEREF _Toc374103264 h 6Political Environment PAGEREF _Toc374103265 h 6Economic Environment PAGEREF _Toc374103266 h 6Socio-cultural Environment PAGEREF _Toc374103267 h 7Technological Environment PAGEREF _Toc374103268 h 7Legal Environment PAGEREF _Toc374103269 h 7Environmental PAGEREF _Toc374103270 h 8Competitive edge PAGEREF _Toc374103271 h 8Marketing Strategy PAGEREF _Toc374103272 h 9Product PAGEREF _Toc374103273 h 9Price PAGEREF _Toc374103274 h 9Place PAGEREF _Toc374103275 h 9Promotion PAGEREF _Toc374103276 h 9People PAGEREF _Toc374103277 h 10Physical Evidence PAGEREF _Toc374103278 h 10Process PAGEREF _Toc374103279 h 10Competitive Strategy PAGEREF _Toc374103280 h 11Conclusion PAGEREF _Toc374103281 h 11References PAGEREF _Toc374103282 h 12References PAGEREF _Toc374103283 h 12
IntroductionGlobalization can be described as the process of extending various social of organizations across the world. Globalization can be said to arise due to the movement of people from one place to another, including things and ideas. Globalization of business organizations has led to some positive aspects as far as businesses and the global economy are concerned. Negative effects that are associated with globalization include the exploitation of workers especially from the third world countries. Some arguments portray globalization as being more harmful than beneficial. The phenomenon describes the relationships among macro-social forces in terms of cultures. The various forces leading to globalization include religious forces, political factors, and economic factors. This paper describes the issues of globalization of multinational companies including the positivity and negativity of this kind of globalization.
Globalization is said to be in a position of increasing financial instability globally through the increasing global trade. This effect comes from the fact that globalization of systems and corporations means that a country’s economy may cause influence to another company from another country in which the globalization process is targeting (Business Essays , 2011 ). An economic problem that may arise in one country as caused by multinational corporations could result to a widespread financial crisis that spreads to the entire world of business. In the case of financial crisis, the rich countries would always tent to gain more money but the poor on the other hand face a decreased access to financial resources as well as natural resources.
While globalization is capable of helping mega-corporations that engage in high level of environmental pollution get away with it, the less powerful business organizations incur many social costs because the law bends in such a way that the mega companies are protected. In many cases, the developing world lose from the action of globalized Multinational Corporation in that the poor availability of economic resources may not provide grounds for fighting with the effect of environmental implications of globalization. Such poor or developing countries are more likely to face mega problems such as a severe effect from global warming, an aspect of environmental pollution by globalized Multinational Corporation. It is however argued that globalization creates an economic advantage to an extent of combating all negative aspects of globalization including environmental pollution. Globalization is said to have led to a great level of economic growth although this kind of growth is realized in the most developed nations from which the multinational corporations are based.
Globalization of Multinational Corporations leads to the exploitation of workers especially in the less developed countries. It would be a common aspect to find Chinese workers being exploited by the United States Multinational organizations as seen in the case of Wall-Mart’s exploitation of Chinese workers in China (Dolack, 2013). While Multinational Corporations from great economic nations such as the US benefit from the existence of cheap labour in the lower economic countries like China, the exploitation of these workers is seen as a negative aspect of globalization of the multinational organizations. On the case of workers and globalization, Multinational Corporations provide employment opportunities to people in the less developed countries. These countries are mainly targeted by the Multinational Corporations since they provide cheap labour and market for these corporations.
Globalization has increasingly led to new demands on companies and organizations to extent their business operations across the world. Multinational corporations are said to be ht main agents of globalization. Most of the multinational corporations benefit from globalization but the effect could be in two directions. While most of the organizations benefit from globalization, the effect could be negative to some corporations despite their nature of operating globally (Button, 2013). The reason why multinational organizations are affected in either way by globalization is that most of them have numerous subsidiaries. Some of these subsidiaries benefit greatly from globalization while other subsidiaries lose from the effect of globalization (Button, 2013). In this case, it comes out that the effect of globalization could be either good or bad. This factor of globalization of multinational companies having negative or positive effect on the corporations, other businesses, workers, or other subjects depends on the type of multinational organization in question.
Globalization in particular gives businesses the ability and increased chance of accessing various markets. These markets could have been difficult to access in the past but globalizations of multinational corporations provide the chance of getting complete access to these markets. With internet, globalization customers from all over the world are able to order products from various regions of the world. While this is the case globalization of multinational corporations tend to diminish this factor in that they want to spread in every region of the world and dominates the market in such a way that inefficiencies could increase (Business Essays , 2011 ). Multinational corporations could operate in a way that is harmful to its consumers and workers especially in the developing countries. While globalization such harmful effects to the developing nations mainly, the positive aspect of globalization covers all the negativities.
Product AnalysisThe company will be offering bakhoor product and the target market is India.
Environmental Analysis
Environmental Analysis is an external environment analysis tool that helps strategists to identify the overall positioning of a company relative to its external environment. This tool checks for opportunities in the external environment that a company can exploit as well as threats that hinder the achievement of the set strategic goals (Steenburgh & Avery, 2010). It covers political, economic, social, technological, legal and environmental factors.
Political Environment
Yam International operates in a relatively stable political environment and therefore can make large investments with the fear of political uncertainty in India. There have been smooth transitions from one political regime to another without major economic impacts being felt (Knight, 2012). This is because India has a good political climate tailored around the principles of capitalism that allows businesses the chance to maximise their returns with minimal political influence (Office for Budget Responsibilities, 2012). However, Yam International should be wary of the strong pro-consumer stance adopted by India politicians especially in matters pertaining to consumer product prices.
Economic EnvironmentIndia has suffered an increase in recession-like scenarios such as high inflation rates and high interest rates in recent times. This has greatly reduced consumer purchasing power at a time that many households are still recovering from the effects of the 2008/09 global recession (Zisa, 2011). Large consumer goods manufacturers such as Yam International are on the receiving end as their sales have stagnated. Moreover, both the pound and the Indianro have been weakened and this puts Yam International at a risk especially on its cross-border business transactions (Office for Budget Responsibility, 2012).
Socio-cultural Environment
There is a growing awareness on the need for health and personal care especially among the young population in India as it gives them the confidence to express themselves freely. A study by Ingham and Angleton (2006) shows that young population is more likely to visit a health site to seek for health tips on how to live healthy than the older generation. Yam International can capitalise on this to develop new toothpastes that enhance fresh breath as well as white, shiny and strong teeth.
Technological EnvironmentThere are a lot of R&D activities going in both public and private sectors meant to nurture talent and to incubate ideas which would otherwise be very hard to implement in the business world because of the risks involved (Zisa, 2011). In pursuit of its mission to deliver vitality to its customers, Yam International appointed a R&D director in 2008 to oversee a team of over 600 professionals and a budget of more than 1000 million Indianros (Ariyawansa, 2009).
Legal EnvironmentIndia tax regime is friendly for Indian companies and unfriendly towards non-Indian organisations. Being an Indian organisation, Yam International pays low taxes compared to its non-Indian competitors such as Procter & Gamble (Knight, 2012). India and the Indian have very strict employment legislations which discourage large multinationals such as Yam International, known for their unethical business practices from mistreating their employees (Office for Budget Responsibility, 2012.
EnvironmentalYam International operates in an environmental-sensitive business climate. India government is determined to trim the overall national carbon footprint (Knight, 2012). On this regard as well as on the realisation that it relies on the natural environment for major suppliers, Yam International adopted a pilot programme aimed at reducing water wastage and carbon emission as well as overall material wastage in 2008 (Ariyawansa, 2009; Zisa, 2011).
Competitive edge
Yam International competitive edge is based on the Leadership for Growth Profile (LGP) model as well as its strategy to operate “locally” in all its markets. The LGP model is meant to impart competency through nurturing talents (Ariyawansa, 2009). On the other hand, the company can be termed as multi-local multinational company because it adopts its operations to suit local market needs in all the markets it operates in (Zisa, 2011). It is arguable that a resource-based competency programme in a multinational organisation such as Yam International should be based on resources such as human behaviour and response to organisational stimuli (Barney, 1995). Specifically, Yam International builds core competencies by encouraging organisational learning that equips employees with strong values that are very hard to be copied by competitors (Yam International, 2012). According to Bartlett and Ghoshal (2002) as well as Hamel and Prahalad (1994), such organisational learning is the most important tool for building competitive advantage.
Marketing StrategyProductYam International should partner with oral health professionals in identifying the future oral health needs of the Indian Population living in urban areas. This will culminate in the development of products that effectively fulfil the identified needs (Graul et al, 2006). As a matter of fact, such products should be multifunctional so as to have the maximum utility especially now that the cost of living has gone high in India (Ariyawansa, 2009). So as to better serve the targeted market segment as well as avoid conflict of strategies, Yam International should also withdraw unpopular brands already in circulation (Barney, 1995).
PriceThe Indian Population is usually sensitive to prices and therefore Yam International should review the current prices of its bakhoor brands sold in India (Keillor, 2008). Specifically, the company should pursue lean and agile manufacturing strategies in order to cut on costs of production (Peng, 2009). By gaining a cost advantage, the company will be in a position to sell s at relatively low prices.
PlaceYam International should expand its market presence by placing its bakhoor in a multiple of distribution channels (Keillor, 2008). These include retail chains that have neighbourhood stores as well as those that have large online shopping platforms such as Amzon.com. Additionally, the company should make it easy for the target market segment to locate its products (Barney, 1995).
PromotionYam International should adopt a new value proposition in placing bakhoor among the selected segment. Specifically, this value proposition should be unique, should promise a unique product feature that competitors cannot provide, and it should be appealing to the target market (Mueller, 2011; Steenburgh & Avery, 2010).
PeopleEvidence shows that successful multinational corporations should demonstrate a clear plan for recognising and rewarding good efforts (Fey et al, 2000). As such, Yam International should concentrate on building a strong team of employees who not only understand the long-term strategic goals of the company but also who are willing to learn the best ways of achieving those goals (Grachev & Bobina, 2002). Physical EvidenceThe Indian Population living in urban areas have a great sense of bakhoor and are always on a constant mission to fulfil their aesthetic needs. They tend to attach more emphasis on how a product is physically delivered on shelves or on online shopping platforms (Hamel & Prahalad, 1994). Yam International should therefore liaise with retailers to place bakhoor in aesthetically appealing places that are easy to locate.
ProcessTo achieve cost advantage, Yam International should streamline its development processes so as to cut down on unnecessary costs. It should ensure that the core activities of its marketing mix are carefully planned and executed so that it is easy to identify areas that need improvement (Prahalad & Hamel, 1990). Specifically, Yam International should step up its Marketing activities so as to come up with efficient and effective manufacturing processes that are not only cost effective but are also environmentally friendly.
Competitive Strategy
Sources of competitive advantage in firms are an area that strategic managers and researchers have struggled to understand for long. The firm’s environmental opportunities and threats and how they relate to its internal weaknesses and strengths were the traditional core strategy applied. This logic was based on the idea that the internal strengths of a firm can be used to exploit environmental opportunities, neutralize environmental threats and avoid internal weakness aiming to gain competitive advantage over other organizations.
ConclusionYam International has experienced immense growth in the recent years. It has managed to diversify its product range, diversified its operations into new markets, and created new successful alliances. However, the company needs to increase its market share so as to ease-off the pressure from its biggest rivals. Specifically, it needs to review its objectives, sharpen them, launch new versatile bakhoor, pursue a cost leadership approach, sell its product at affordable prices, use multiple promotional channels, develop its workforce and streamline its marketing mix processes to make them more responsive.
ReferencesReferencesAriyawansa, D. (2009). Management report on Unilever and Procter & Gamble case study. Colombo: Asia Pacific Institute of Information Technology.
Barney, J. (1995). Looking inside the competitive advantage. Academy of Management Executive, 9, 49-67.
Bartlett, C. & Ghoshal, S. (2002). Building competitive advantage through people. Sloan Management Review, Winter, 34-41.
Fey, C., Bjorkman, I. & Pavlovskaya, A. (2000). The effect of human resource management practices on firm performance in Russia. International Journal of Human Resource Management, 1-18.
Grachev, M. & Bobina, M. (2002) Corporate strategies for transitional economies: capitalizing on cultural differences. In: Growing the International firm: Success in Mergers, Acquisitions, Networks, and Alliances, Trick M.(ed). Carnegie Mellon University Press, 111-118.
Graul, L.A., Henricks, S., Olp, S. & Strohecker, C. (2006). Procter & Gamble, Unilever and the personal products industry. Maryland: Global Strategy Advisers.
Hamel, G. & Prahalad, C.K. (1994). Competing for the future. Boston, MA: Harvard Business School Press.
Ingham, R. & Angleton, P. (2006). Promoting young people’s sexual health: International perspectives. London: Routledge.
John, T. (2011). Business Population Estimates for the UK and Regions. Department for Business and Innovation Skills. [Online]. Avilable at: http://www.bis.gov.uk/analysis/statistics/business-population-estimates/ (accessed on August 1, 2012).
Keillor, B.D. (2008). Marketing in the 21st Century: New world marketing, Volume 1. Westport, CT: Praeger Publisheers.
Knight, J. (2012). Making everything easier: British politics for dummies. London: John Wiley & Sons.
Mueller, B. (2011). Dynamics of International Advertising: Theoretical and Practical Perspectives. New York, NY: Peter Lang Publishing.
Office for Budget Responsibility (2012). Economic and fiscal outlook March 2012. London: Office for Budget Responsbilities.
Office for National Statistics (2004). Population trends Autumn 2004. Office for National Statistics.
Peng, M.W. (2009). Global Strategy, 2nd ed. Mason, OH: South-Westren Cengage Learning.
Porter, M. (2008). The five competitive forces that shape strategy. The Harvard Business Review.
Prahalad, C.K & Hamel, G. (1990). The core competence of the corporation. Harvard Business Review, May-Jun, 79-91.
Procter & Gamble (2012). 2011 Annual Report: Innovating for Everyday Life. [Online]. Available at: http://www.pg.com/en_US/downloads/investors/annual_reports/2011/PG_2011_AnnualReport.pdf/ (accessed on August 1, 2012).
Steenburgh, T. & Avery, J. (2010). Marketing analysis toolkit: Situation analysis case Harvard Business Review.
Unilever PLC (2012). Annual reports and accounts 2011. Unilever PLC. [Online]. Available at: http://www.unilever.com/investorrelations/annual_reports/AnnualReportandAccounts2011/Downloadcentre.aspx/ (accessed August 1, 2012).
Yip, G.S. (2000). The Asian advantage: Key strategies for winning in the Asian Pacific region. New York, NY: Perseus Publishers.
Zisa, L. (2011). An analysis of Unilever’s legal form, financial performance and business strategy. Seminar Paper. Grin Verlag.
1d_1d_1d_fourthfifth_and_sixth_ammendments
Fourth, Fifth and Sixth Amendments
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The Fourth, Fifth, and Sixth Amendment of the U.S. Constitution provide protection to US citizens during the various stages involved in the judicial processes. The fourth amendment was incorporated in the US constitution to change the way the police and other law enforcement agencies carry out searches (Becker, 2013). This was done in order to ensure the rights of a defendant are not violated during the process of carrying out searches .The fourth amendment prevents the carrying out of searches without search warrant. It gives the citizens of the United States of America the right to privacy by preventing the carrying out of searches and seizure by government officials or agencies without proper cause (Becker, 2013). Therefore this amendment prevents the government officials from carrying out searches on houses or properties without a warrant.
The Fifth Amendment on the other hand give the citizens the right to fair and speedy trial before any of their rights can be taken away from them by the US court. It also prevents the government from trying a defendant twice for the same crime (Becker, 2013). Furthermore it ensure that the citizens cannot be forced to testify against themselves in a court of law. This therefore protects the rights of the US citizens. Furthermore, it allows the government to take the properties of US citizen (Siegel, 2010).However, when this happens, the defendant is supposed to be compensated by the government according to the market value of the property that has be taken by the government. This further protects the fundamental right of the defendant.
The sixth amendment of the US constitution is also very important as it gives the defendant the right to be tried by an impartial jury (Becker, 2013). This ensures that justice prevails in the US courts. Moreover, it also gives the defendant the right to have an attorney in a court case. In cases where a defendant may not manage to pay for an attorney the government intervenes and appoints an attorney for him.
The sixth amendment offers the greatest protection to the defendant since it ensures that the defendant is given an impartial trial. This ensures that the defendant is not denied justice in the US court.
Reference
Becker, R. (2013).Criminal Investigation. Burlington: Jones and Barlet Publishers
Siegel, L. (2010).Introduction to Criminal Justice. Canada: Nelson Education Ltd