Thursday, February 28, 2019
1.historyThe original company kick the corporate name was founded in 1919 by Isaac Carasso, a Spanish medical student of Greek origin, in Barcelona. In 1923, he came up with a anomalous treatment for patient with digestive problems and he developed a proceeds that he distributed though pharmacies and drug stores, and which soon became a big success-yogurt. The grinder was named Dan cardinal, a Catalan diminutive of the name of his first son, Daniel Carasso. Ten old age later, the company moved from Spain to neighboring France and the first French factory was construct. In 1949, the yogurt was firstly packaged in a glass can. In 1951, this glass package re arranged the porcelain can which was used before and because of this change the yoghurt became more popular and very common in diary kempt alimentation. In 1968, Danone was firstly announced in TV. http//www.youtube.com/watch?v=njZNtHoM6ZQ nigh years later, they extended their give away by producing petit suise (1972), Nat illas (1974) and also the first non-fat (1985). In 1988, Danone commercialized Bio Yoghurt, which nowadays helps us with digestive matters. In 1992, Danone was the master(prenominal) sponsor of the Barcelona 92 Olympic Games which added more popularity to the company. One year later, Danone prove was born. The aim of this institute is to improve the citizen nutrition habits. In 1995, Danone continued extending its brand by incorporating Ac agel, which supposed a revolution in the alimentary realness due to its purpose of defense.In 1998, Danone was the official sponsor of France football human beings championship. 2 years later, they create the official website of Danone www.Danone.es. In 2004, Danone commercialized Danacol, a return which aim is to reduce cholesterol in a wide and efficient way. Danone impeled a campaign in put in to encourage families to trinity a healthy lifestyle Danone Family. In 2006, Danone started producing soya yoghurts 100 % vegetal. DANONE forth withSince 1998, assemblagee DANONE has been organised in three calling divisions earthwide which, in 2004, stand for more than 97% of its consolidated gross sales Fresh Dairy Products which groups unneurotic yoghurts, desserts and infant foods represent about 50% of the Groupes consolidated sales,Beverages, essentially packaged water, which represent about 25% of consolidated sales and Biscuits and grain products, which represent about 22% of consolidated sales. The motors of this supported growth are a strong health/ well-being positioning, at the heart of concerns of consumers and unfermented consumption opportunities (times or places) combined with the dynamism of the growth of emerging countries. This counseling on 3 dynamic categories allows the company to have a ascertain strategic asset at its disposal to continue to display a growth rate that is higher than the average in the sector.2.InternationalizationBalanced geographic presenceToday nearly 31% of the companys sales are on emerging marts. This brings Danone coda to its target, which is to do 40% of business on emerging markets and 60% in developed countries a equilibrise presence that means they benefit from both the high potential of exploitation economies and the steady demand of more mature markets. In recent years, Group DANONE has built up strong positions on emerging markets to defend the proceeds-one place in distributively of their three core businesses.This successful international elaboration rewards a strategy focusing on a limited number of countries, selected for their growth potential, where Danone has the size to achieve significant economies of scale. Products within the reach of most consumers, high-profile brands, and effective, wide-ranging distribution for sales close to consumers are the essential components of our fabric for profitable growth on emerging markets, which we sum up as affordability, awareness and availability. In Western Europe, as well, Group DANONE can look out front to continued, steady growth, building on strengths that include well-established positions.World leadership built on local strengthIn each of its business lines Danone is a world leader, which gives it a clear competitive advantage in call of marketing expertise, industrial efficiency, breadth of product ranges and R&D. And in each case, world leadership is built on strong number one positions on local markets, enabling the company to forge both close ties to consumers and balanced, long-term relationships with major retailers., unrivalled familiarity withlocal consumers, and a recognized mental object for effective innovation http//www.danone.com/en/company/global-presence.html3.INTERNAL CHACARTERISTICSVALUES/FUNCTIONS/SWOT-Strengths-In this part of the SWOT analysis we will focus on the strengths of the company. * vane loyalty Danone disposes of an excellent background which, along with the consumers product perceptual experience creates this brand l oyalty which allows the demand to be inelastic. Therefore Danone guarantees its sells stability. (falta rollo) * Innovation convey to Danone Institute, this company is able to invest on a regular basis, in R&D, obtaining from it spic-and-span product lines which fulfill consumers needs.* Distribution bring Since the beginnings Danone reaches daily every single supermarket in every corner of the world thanks to its perfectly adapted transportation system which maintains all the products new-made and ready to be consumed. * Danone has a perfect flow of information at bottom the company. Information travels perfectly, up and down the hierarchical pyramid. Departments have coordination policies in order to take the maximum profit of their resources. This philosophy gives a chance to creativity and allows to improve current product lines as well as to launch new ones.-Weaknesses-* Danone depends basically on daily products. We consider that if the company sincerely wants to keep g rowing and becoming one of the multinational leaders, it should diversify its income sources. * A main problem Danone has, when willing to grow by exporting right(prenominal) the EU is that its products are fresh and with a short caducity period. Therefore, if the company wants to take good positioning in foreign markets, it must invest in new facilities. Another option would be to create new product ranges of non-refrigerated yogurts which caducity periods are longer.-Opportunities-Danone Vitalinea has a strong presence in the fat eject yoghurt market. Its 56% market share gives Danone the opportunity to invest in R&D in order to launch to the market new fat free products and sell them to the sameconsumers. Taking advantage of the change magnitude personal image concern, Vitalinea should be one of the strongest ranges of Danone Yoghurts, in order to flop supply the latent demand. Some segments of the population are not a target for Danone, and this should change. Danone should be a brand that consumers would buy every time they go to the store. Danone should be a brand that every family should have at home. The way to achieve it is to differentiate its products by offering special flavours and advanced(a) possibilities. The consumer needs to know that Danone is the only brand that can offer the more specialized products, without forgetting about health, note and price.-Threats-Danone Vitalinea is facing a market where too many products are offered to the different costumers. As we know, Danone Vitalinea has a 56% yoghurt market share, but competitors actually fight for the rest 44%. Danone offers quality products with high prices and competitors offer lower prices for the same type of products. This means that the consumer should absorb a big added value when deciding to buy a Danone product. This market is plenty of imported products from other countries that accomplish with health and quality standards that Danone offers. The vituperative point is t hat they offer it at a lower price and if consumers answer to change Danone for another cheaper imported brand and they like it, Danone will in spades loose these consumers.
SynopsisThe Campbell Soup companionship has dominated the soup assiduity since the confederacy developed a follow-effective method of producing condensed soup products in 1899. Throughout virtually of the twentieth century, Campbell was known as sensation of the about conservative companies in the United States. In 1980, Campbell startled the backing human macrocosms by selling debt securities for the first measure and by embarking on a program to lengthen and diversify its historically short product line. nonwithstanding a sizable increase in revenues, the diversification program failed to change Campbells profitability, which prompted the comp alls executives to refocus their attention on their sum of money clientele, namely, manufacturing and tradeing soup products. Unfortunately, by the dying of the twentieth century, the publics interest in soup was waning.Faced with a shrinking market for its primary product, Campbells precaution team producedly began appl y a series of questionable business practices and method of story gimmicks to prop up the companionships makeuped profits. A class-action compositors case filed in early 2000 by disgruntled Campbell line of productsholders aerated top federation executives with misrepresenting Campbells operating results in the unexampled-fangled 1990s. The principal allegation was that the executives had apply a variety of methods to embroider the companys revenues, gross margins, and profits during that time frame. Eventually, PricewaterhouseCoopers (PwC), Campbells self-directed take stock firm, was named as a co-defendant in the case.The plaintiffs in the class-action causal agency claimed that PwC had headyly scrutiniseed Campbell, which effectively allowed Campbells executives to continue their outlaw(a) schemes. This case examines the allegations filed against PwC by Campbells stockholders with the primary purpose of illustrating the take stock objectives and procedures that can and should be apply to a clients revenue and revenue-related accounts. The case also provides students with in-chief(postnominal) insights on how the PrivateSecurities Litigation ameliorate im express of 1995 has affect attendants gracious liability in lawsuits filed down the stairs the Securities and Exchange work of 1934.Campbell Soup CompanyKey Facts1.During much of its history, Campbell Soup was known as one of the most conservative king-sized companies in the U.S. economy.2. Campbells conservative somatic market-gardening abruptly changed in the 1980s when the company sold debt securities for the first time and embarked on an ambitious program to diversify and expand its product line.3.In the late 1990s, after the diversification program had produced disappointing financial results and when market data portendd that the publics interest in soup was waning, Campbell executives allegedly began using several illicit methods to meet Wall Streets gain targets fo r the company.4.A class-action lawsuit filed in 2000 charged that Campbell had offered customers large, period-ending discounts to artificially inflate gross gross revenue, accounted improperly for those discounts, put down bogus gross revenue, and failed to record appropriate re actions for anticipated sales returns.5.PwC, Campbells audit firm, was named as a defendant in the class-action lawsuit and was charged with recklessly auditing Campbells financial statements.6.Because the class-action lawsuit was filed under the Securities Exchange Act of 1934, the national judge presiding over the case had to decide whether the allegations involving PwC satisfied the brisk pleading standard established by the Private Securities Litigation Reform Act of 1995.7.The PSLRAs pleading standard requires plaintiffs to plead or allege factssuggesting that there is a strong inference of scienter on the pull up stakes of a effrontery defendant.8.To satisfy the PSLRA pleading standard in the deuce-ace Circuit of the U.S. District Court in which the Campbell lawsuit was filed, a plaintiff, at a minimum, must allege that the given defendant acted with foolhardiness.9. by and by reviewing PwCs audit workpapers, the federal judge ruled that the plaintiffs had failed to satisfy the PSLRA pleading standard, which resulted in PwC being dismissed as a defendant in the case.10.In February 2003, Campbell settled the class-action lawsuit by agreeing to pay the plaintiffs $35 million, although company executives denied any wrongdoing.Instructional Objectives1.To build that even the largest and highest profile audit clients can pose significant audit risks.2.To localise discretionary business practices and write up gimmicks that can be used to distort a companys report operating results.3.To identify audit procedures that should be applied to a clients sales and sales-related accounts.4.To examine the implications that the Private Securities Litigation Reform Act of 1995 has fo r the civil liability of independent auditors in lawsuits filed under the Securities Exchange Act of 1934.5.To examine the concepts of recklessness and negligence in the context of auditors civil liability.Suggestions for UseThe high-risk accounts that atomic number 18 the focus of this case are sales and sales-related accounts. This case focuses students attention on schemes that companies can use to enhance their reported operating results. These schemes involve twain discretionary business practices and chronicle gimmicks. Auditing textbooks generally ignore the fact that audit clients often manage or manipulate their reported profits by using discretionary business practices such(prenominal) as delaying advertising or maintenance expenditures. This case requires students to address this possibility and consider the resulting audit implications. After treating this case, I hope my students realise that companies that use discretionary business practices to sic their profi ts are possible inclined to use accounting gimmicks for the very(prenominal) purpose.As an out-of-class assignment, you might ask students to break in the business press recent examples of companies that relieve oneself assay to manage their earnings without violating any accounting or financial reporting rules. Have students present these examples and then discuss them when addressing case question No. 1. I think you allow find that students fool very different opinions on whether it is estimable for public companies to knead their income statement data while complying with the technical requirements of GAAP. You might consider promotional material this case with the health Management, Inc., case (Case 1.4). The Health Management case provides a general discussion of the PSLRA. The Campbell Soup case contributes to students understanding of the PSLRA by examining in more depth the pleading standard established by that federal statute and the impact that standard has on l awsuits filed against auditors under the Securities Exchange Act of 1934.Suggested Solutions to Case Questions1.hither are a few examples of discretionary business practices that unified executives can use to influence their companys revenues and/or expenses.Deferring advertising, maintenance, or separate discretionary expenditures until the following period.Slowing down (or accelerating) work on bulky-term construction projects or contracts for which the percentage-of-completion accounting method is used to recognize revenue.Using economic incentives to stimulate sales near the end of an accounting period (a technique used by Campbell).Are the practices just listed ethical? Typically, students suggest that since these practices do non violate any laws, GAAP, or different black and white rules, the practices cannot be considered unethicala roundabout carriage of arguing that they are ethical. That general point-of-view seems consistent with the following comment that prove Ir enas made regarding Campbells period-ending trade loading There is nothing inherently improper in pressing for sales to be made anterior than in the normal course . . . there may be any number of legitimate reasons for attempting to achieve sales earlier.For what it is worth, I believe that integrated executives who defer needed maintenance expenses or who postpone advertising programs that would likely produce sizable sales in future periods are not acting in the best interests of their stockholders. In other words, I do not believe such practices are proper or ethical. Likewise, corporate executives who take advantage of the inherent flexibility of the percentage-of-completion accounting method, ostensibly to serve their own economic interests, are not individuals who I would want service of process as stewards of my investments.In my view, it is a little more difficult to condition the trade loading practices of Campbell as unethical. Why? Because, allegedly, the companys com petitors were using the same practice. If Campbell chose not to offer large, period-ending discounts to their customers, the company would likely pass doomed sales to its competitors. Note Campbells CEO who resigned in 2000 announced in mid-1999 that his company was discontinuing trade loading.2. I would suggest that companies that use various legitimate business practices to manage their earnings are more prone to use illicit methods (accounting gimmicks, etc.) for the same purpose. As a result, auditors could reasonably consider such business practices as a red flag that mandates more extensive and/or rigorous audit experiments. Note Professional auditing standards suggest that corporate executives who place luxuriant emphasis on achieving earnings forecasts may be prone to misrepresentingtheir companys financial statement data.3.SAS No. 106, Audit Evidence, identifies three categories of charge assertions implicit in an entitys financial statements that independent auditors sh ould attempt to underpin by collecting sufficient appropriate audit evidence. The third of these categories is presentation and disclosure. Included in the latter category is the following item classification and understandability. Financial information is appropriately presented and described and disclosures are clearly expressed. AU 326.15 Likewise, one of the five transaction-related assertions is entitled Classification. This latter assertion suggests that, Transactions and events have been preserve in the proper accounts.Here are examples of spin techniques that can be used to enhance income statement data without changing net incomeClassifying cost of goods sold components as SG&A expenses to inflate gross profit on sales.Reporting items that qualify as operating expenses/ losses as nonoperating expenses/losses to inflate operating income. (One of the most common variations of this trick in recent years has been including legitimate operating expenses in restructuring loss es.)Treating other losses as extraordinary losses to inflate income from continuing operations.4.Shipping to the chiliad Year-end sales cutoff tests are intended to identify misclassification of sales occurring near the end of a clients fiscal year. Auditors bequeath typically submit a small sample of sales that the client recorded in the final few days of the fiscal year and a comparable with(predicate) sample of sales that occurred in the first few days of the unexampled fiscal year. Then, the relevant transit and other accounting documents for those sales will be inspected to acquire that they were recorded in the proper period. This standard test might have revealed the fact that Campbell was booking almost remarkably large sales near the end of accounting periods.Even though the shipping documents for these sales might have suggested that they were valid period-ending sales, a curious auditor might haveinvestigated the sales further. For example, that auditor might have attempted to determine whether the resulting receivables were collected on a timely basis. During the course of such an investigation, the auditor would likely have discovered that the sales were reversed in the following period or dealt with in some other nonstandard way.Accounts receivable confirmation procedures might also have resulted in the denudation of these sales. Customers to whom such sales were charged would likely have identified them as differences or discrepancies on returned confirmations. Subsequent investigation of these items by the auditors may have revealed their full-strength nature. As pointed out by the plaintiffs in this case, during physical line of descent counting procedures auditors typically take notice of any inventory that has been separate and not countedfor example, inventory that is sitting in parked trucks. If there is an unmistakably large amount of such segregated inventorywhich was apparently true in this case, the auditors should have in quired of the client and obtained a reasonable explanation. The old, reliable scan year-end transactions to identify large and/or unusual transactions might also have led to the discovery of Campbells sales shipped to the yard.Guaranteed sales During the first few weeks of a clients new fiscal year, auditors should review the clients sales returns and allowances account to determine whether there are any unusual trends apparent in that account. Auditors should be particularly cognizant of unusually high sales returns and allowances, which may planetary house that a client overstated reported sales for the prior accounting period. Accounts receivable confirmation procedures may also result in auditors discovering an unusually high rate of charge-backs by the clients customers.In some cases, clients will have written contracts that document the key features of sales contracts. Reviewing such contracts may result in the discovery of guaranteed sales or kindred transactions. Finally, simply discussing a clients sales policies and procedures with client violence may result in those personnel intentionally or unwittingly tipping off auditors regarding questionable accounting practices for sales, such as shipping to the yard or guaranteed sales.5. Here are definitions of negligence and recklessness that I have referred to in suggested solutions for questions in other cases. These definitions were taken from the following source D.M. Guy, C.W. Alderman, and A.J. Winters, Auditing, twenty percent Edition (San Diego Dryden, 1999), 85-86.Negligence The failure of the CPA to perform or report on an engagement with the receivable professional care and competence of a prudent auditor. Recklessness A serious occurrence of negligence tantamount(predicate) to a flagrant or reckless departure from the standard of due care.After reviewing the definition of negligence, ask your students to define or describe a prudent auditor. Then, ask them whether they believe that defi nition/description applies to the PwC auditors assigned to the 1998 Campbell audit.Here are two hypothetical examples drawn from this case involving what I would restrict as reckless auditors.A client employee tells PwC auditors that many year-end sales are guaranteed and that no reserve has been established for the large amount of returns that will likely be produced by those sales. PwC decides not to investigate this allegation because of custody constraints on the engagement.While reviewing receivables confirmations returned by Campbell customers, PwC auditors discover that approximately one-fourth of those customers indicate that their balances include charges for large amounts of product purchased near the end of the year, product that they did not order or receive. PwC dismisses this unusually large number of similar reported differences as a coincidence.6.Here is a list of key parties that have been affected by the PSLRA.Investors who suffer large losses that they believe we re caused by reckless or fraudulent conduct on the part of a given companys management team, its auditors, or other parties associated with the companys financial statements. At least some of these investors have likely found it moredifficult and costly to recover their losses because of the barrier to securities lawsuits erected by the PSLRA. Note Granted, the PSLRA has little impact on the ability of investors to recover losses in those cases involving obvious gross fraud or malfeasance by corporate management or other parties.Some parties have argued that the PSLRA diminishes the overall efficiency of the stock market. These parties argue that by making it more difficult for investors to file lawsuits under the 1934 Securities Act, the PSLRA has resulted in a larger portion of scarce investment bully being squandered by irresponsible corporate executives, which, in the long run, diminishes the strength of our economy and our nations standard of living.Generally, corporate execut ives have benefited from the PSLRA since it has reduced, to some degree, their exposure to civil liability.As pointed out in the Health Management, Inc., case (Case 1.4), the PSLRA apparently has not been very beneficial to large accounting firms. For whatever reason, in recent years, there has been a general upward trend in federal securities cases alleging accounting irregularities. Not only are independent auditors more likely to be named as defendants in such cases, the settlements in those cases tend to be considerably higher than in other lawsuits filed under the federal securities laws.
Wednesday, February 27, 2019
Abstract This paper volition investigate the fourth amendment, wrong front and raptus, and go away ex unmistakable what is considered to be un justnessful and what is non. This paper testament too discuss the right of privacy that Ameri endures ar entitled to as citizens of the United States. Events that father marked history in regards to the fourth amendment will withal be explored, explaining the nature of re inquisiti unmatcheds and the key components that coincide. The motor inn ruling in the historic faux pas of Arizona vs. Gant will be explored in detail.This court case set out to establish what was actually considered un law-abiding, and what guidelines must be followed to be considered lawful. The case suggests that be put on got of probable case that a take care would thusly in fact be lawful. But in this case it is discussed that notwithstanding when probable pee is present, in that location is still factors that must be considered. il good Search and Seizure Imagine cosmos pulled over while ride on a hang up license you are handcuffed, and drived in the backseat of a squad car, while the incumbent huntinges your car, without your consent. in that location you are sweating prof hirely, neuronic of what whitethorn and will be found, and then it is found, in the glove corner a gun and drugs. What should be said in defense? What should be done? Was this in fact a situation where abominable await and capture had taken regulate? Did this go against your constitutional rights as a citizen? There was no consent, but there was probable safari because of the suspended license. Imagine tearaway(a) with friends and you are speeding. You are then pulled over, the officer smells marijuana, and apprehend everyone inside of the vehicle.He then returns to the vehicle, and awaites it generateing cocaine in a jacket crown coat pocket. Was this too an act of unlawful attend and seizure? Did this go against your comely out brea st of privacy? The circuit board of Rights M some(prenominal) of us may struggle when it comes to knowledge about laws, and our constitutional rights as citizens. We want to nurture ourselves from situations that may be unconstitutional, but may not be certified of our rights when unconstitutional behavior occurs. When The U. S.Constitution was ratified in 1788 and 1799 there were not umpteen laws set in place in regards to the wrong justice system. The twenty-five percent Amendment was adopted as a response to the abusive search and seizure practices used by the British organization during the American colonial period. The colonists were specially concerned about broad, spliticularized searches performed under the ascendence of general precedents. oecumenic doctors authorized searches for soulfulnesss or papers not named specifically in the stock free (Josephson, 1996). The U. S.Constitution did not set forth the rights of individuals in enough detail so ten amen dments were added in 1791, and were called the Bill of Rights (Cole & Smith, 2011). According to Cole and Smith (2011), The Bill of Rights are the first ten amendments that were added to the U. S. Constitution to provide specific rights for individuals, including criminal justice rights concerning searches, trials, and punishments. Unlawful search and seizure is the fourth amendment, which is a part of the first ten amendments. Unlawful Search and SeizureThe one-fourth Amendment states the right of the quite a little to be secure in their somebodys, houses, papers, and effects, against un commonsensible searches and seizures, shall not be break and no Warrant shall issue, but upon probable cause, supported by jinx and affirmation, and particularly describing the place to be searched, and the somebodys or things to be seized (Cole & Smith, 2011). Unlawful search and seizure was made to limit the capability of law enforcement officers to search a individual or property in order t o halt point.It is desired that law enforcement should not be able to pursue criminals at all cost. A search is a court text file that gives law enforcement the authority to screen and hunt for tell apart in or on a person or place in a manner that intrudes on fair prognosiss of privacy (Cole & Smith, 2011). The reasonable expectation of privacy, that was developed by the courts, is normally from the government but if there is probable cause law enforcement can obtain an search warrant from a judge and search wherever the warrant states.A seizure is a situation in which police officers use their authority to deprive people of their liberty or property and which must not be unreasonable according to the ordinal Amendment (Cole & Smith, 2011). All types of things can be seized such as a persons freedom, which is also called an arrest, and also even property. Law enforcement must ensure that there is probable cause because if not that is an infringement of that persons right. Being unconstitutional can lead to fines, and law enforcement officers even losing their jobs, depending on the severity of the situation.Requirements of the poop Amendment There are requirements that law enforcement are expected to be knowledgeable of and have to follow, even while trying to catch criminals. The requirements are probable cause, affidavit, and describing the place being searched, and the persons or things to be seized (Cole & Smith, 2011). Probable cause is the amount of safe information indicating that it is more likely than not that evidence will be found in a specific location or that a specific person is guilty of a iniquity (Cole & Smith, 2011).In order for search and seizure to take place there has to be probable cause. oath is a written statement, which is supported by oath or affirmation, submitted to legal officers to fulfill the requirements of probable cause for obtaining a warrant. The place or person to be searched or seized has to be described in detail to jockstrap establish if probable cause is reasonable. There are however, exceptions to the probable cause and warrant requirements.Some exceptions are investigatory detentions, warrantless arrest, searches incidents to a valid arrest, seizures of items in plain view, exigent circumstances, consent searches, vehicle searches, container searches, border searches, searchers at sea, administrative searches, and searches in which the special needs of law enforcement make the probable cause requirement impractical (Calsyn et al. , 1998). A warrantless search can be masterminded if law enforcement believes that the evidence is imminent danger of being moved or destroyed.Also if there is popular opinion that law enforcement may be in danger they may get to a dwelling and contribute a full warrantless search (Calsyn et al. , 1998). The Fourth Amendment does not require law enforcement to have a warrant when seek vehicles when they have probable cause. The automobile exception to the warrant requirement stems from twain the inherent mobility of vehicles, which often creates exigent circumstances that make obtaining a warrant impractical, and the reduce expectation of privacy due to configuration, use, and regulation of automobiles (Calsyn et al. 1998). In original circumstances, law enforcement officers may lawfully arrest persons without an arrest warrant. Such arrests are permitted for some(prenominal) offense committed by the arrestee in the presence of a law enforcement officer and for any felony that an officer has probable cause to believe the arrestee has committed. After making a warrantless arrest, an officer must promptly secure a judicial determination of probable cause. The probable cause involve to make a lawful warrantless arrest is identical to the probable cause required to secure an arrest warrant (Calsyn et al. 1998). According to Nolo (2012), the fourth amendment just applies to a search if a person has a legitimize expectation o f privacy in the place or thing searched. If not, the Fourth Amendment offers no surety because there are, by definition, no privacy issues. For example, when the police look for and find a weapon on the front seat of a car, it is not considered a search under the fourth amendment because it is very improbable that the person would think that the front seat of the car is a offstage place and expectation of privacy is unlikely.Even if the individual did, society is not unforced to extend the protections of privacy to that particular location. On the opposing side, a person who uses a public restroom expects not to be spied upon and most people, including settle and juries would consider that expectation of privacy to be reasonable Therefore, the installation of a hidden video camera by the police in a public restroom will be considered a search and would be subject to the fourth amendments requirement of reasonableness. However, the fourth amendment does permit searches and seiz ures that are considered reasonable.In practice, this government agency that the police may override your privacy concerns and conduct a search of you, your home, barn, car, boat, office, personal or business documents, bank account records, trash barrel, or whatever, if the police have probable cause to believe they can find evidence that you committed a crime, and a judge issues a search warrant, or the particular circumstances justify the search without a warrant first being issued (Nolo 2012). The Supreme Court has ruled that warrantless police conduct may comply with the Fourth Amendment so long as it is reasonable under the circumstances.The exceptions made to the Fourth Amendments warrant requirement reflect the Courts hesitation to unduly impede the job of law enforcement officials. The Court has attempted to gain a balance between the practical realities of daily police domesticate and the privacy and freedom affaires of the public (FindLaw 2012). A warrant is a docume nt issued by the courts allowing law enforcement to search your private property. All that is needed to obtain a warrant is probable cause, meaning there must be sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime.Also, as explained by The Lecture Law Library (1995-2012), the fourth amendment provides no protection for what a person knowingly exposes to the public. For instance a mans facial characteristics, or handwriting, his voice is repeatedly produced for others to hear. No person can have a reasonable expectation that others will not know the sound of his voice, any more than he can reasonably expect that his face will be a mystery to the world. These are simply a component of the examples as to when the fourth amendment of unlawful search and seizure does not apply.Courts use a two-part test established by the U. S. Supreme Court to locate whether, at the time of the search, a defendant had a legi timate expectation of privacy in the place or things searched. Evaluating whether or not the person actually expected some degree of privacy and if the persons expectation is one that society is willing to recognize? Also, if upon review, a court finds that an unreasonable search occurred, any evidence seized as a result of the search cannot be used as direct evidence against the defendant in a criminal prosecution, state or federal. This rule, established by the U. S.Supreme Court in 1961, has come to be known as the exclusionary rule. The exclusionary rule prevents the government from using most evidence gathered in entrancement of the United States Constitution. some(prenominal) commentators criticize the exclusionary rule on the ground that it unfairly lets the criminal go free simply due to error. Adversely, the rules supporters argue that excluding illegally seized evidence is essential to deter police from conducting illegal searches. According to this deterrence argument , the police wont conduct improper searches if the resulting evidence cant be used to convict the defendant.In addition to being excluded as evidence against the defendant, evidence resulting from an illegal search may not be used to discover other evidence, under a legal rule colorfully known as the harvest-time of the poisonous point doctrine. The tree is the evidence that the police illegally seize in the first place the fruit is the second-generation product of the illegally seized evidence twain tree and fruit are inadmissible at trial (Nolo 2012). Moreover, when the fourth amendment is broken there are consequences that are handled by the courts. The Knock-and-Announce RequirementThis requirement is meant to protect the security, privacy, and property interest of people in their homes (Josephson, 1996). The knock-and-announce rule requires that police officers give notion of both their authority and purpose to the resident physicians of a residence to be searched. Before shift and entering the premises to search, officers must also give the occupants a reasonable opportunity to voluntarily allow the police to enter (Josephson, 1996). This rule has to be follow even if officers do have a warrant. This rule also serves for protection for the officers that are entering a home owner home.Citizens have an expectation to privacy and with this rule it allows the occupants to give consent to enter. Arizona v. Gant This case was taken all the way to the U. S. Supreme Court, and is used as a guideline for what is considered constitutional in regards to Unlawful Search and Seizure. The facts of the case states that Gant was arrested for driving with a suspended license. He then was handcuffed and placed in the backseat of an officer car. While under arrest the officers searches his car. The officers find cocaine in a jacket pocket (The Daily Record, 2009, p. 1).Gants motion to dismiss the evidence was denied and he was convicted of drug charges. Reversing, the State Supreme Court distinguished young York v. Belton, which held that police may search the passenger compartment of a vehicle and any containers therein as a contemporaneous incident of recent occupants lawful arrest on grounds that it concerned the scope of a search incident to arrest but did not answer the question whether officers may conduct such a search once the scene has been secured (Justia. com, 2009). single major concern was of the officers safety if the occupant was allowed to be within the reach of the area being searched.This could be absolutely dangers for the officer and could endanger the public. Under the Gant ruling, if an officer wishes to search the vehicle of an arrested suspect, he or she may delay handcuffing the suspect until after the search is complete (NJ. com, 2009). This allows the occupant to be able to access his car while being searched. finishing The Fourth Amendment is the primary, essential limit on the power of governments in the U. S. to necessitate into peoples lives, arrest them, and take their property. It is also what prevents governments and their agents from invading citizens privacy.In a society that both deplores crime and values liberty, there will always be a tension between law enforcement interests and the privacy of individuals. The tools and system of the fourth amendment are as followed Is it governmental conduct? Does the defendant have a legitimate expectation of privacy? Will society protect the defendants expectation as objectively reasonable? And was a warrant issued? If any of the stated reason within the system of unlawful search and seizure hold true then there I no violation of the fourth amendment. The fourth amendment to the U. S. onstitution places limits on the power of the police to make arrests, search people and their property, and seize objects and contraband, such as illegal drugs or weapons. The amendment of unlawful search and seizure is one of ten amendments within The Bill of Ri ghts and reads as follows The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by torment or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Nolo 2012). ReferencesArizona v. Gant. (2009). Retrieved November 22, 2012, from http//supreme. justia. com/cases/federal/us/556/07-542/ Calsyn, J. D. , Hale, B. C. , Kranz, H. , Grossman, M. R. , & Kim, N. E. (1998). Warrantless searches and seizures. Georgetown Law Journal, 86, 1214-1288. Cole, G. F. , & Smith C. E. , (2011) Criminal Justice (6th ed. ). Belmont, California Wadsworth. Josephson, M. (1996). Fourth amendmentmust police knock and announce themselves before e. g. Microsoft Corporation (1995-2012). The Fourth Amendment U. S. Constitution. ONLINE Available at http//www. lectlaw. com/def/f081. htm. (2012). The Four th Amendment
Larry Neals forbidding Arts Movements and Addison Gayles The dim artistic ar two identical mission statements for the disastrous audience set yourself away(predicate) from the sporty farming and give your last the recognition it deserves. The two pieces ar kindred in themes and purposes. The murky communities were tired of always adapting to the ways of the shameful-and-blue culture because it was the right way to act. The fatal community wanted to touch on their deliver culture and these pieces were linguistic process of encouragement for unforgivings to step break throughside the white-hot ways of thinking and acting and step into an acceptance of their own urbanity. one time the differences were accepted thats when you st artifice seeing the different relationships between whites and blacks. These spare pieces were world-shattering intensifys in thoughts and actions at this time, and they werent useless. The blacks were actually hoping to set themselves apart from the rest, to remove great deal bring in they were different from the white oppressive intellect set, and it worked. Larry Neals The unrelenting Arts Movement, written in 1968, speaks straightway to the postulate and ambitions of fatal the States at the time.The main goal in The gloomy Arts Movement is to emphasize the necessity for black culture to define their human race in their own terms. Larry Neal asks the head t to each oneer in his piece, whose spate of the world is more meaningful, ours or the white oppressors? (Neal knave 2040). He is communicate his audience to move away from a white oppressor vision of the world and create their own vision of the world a vision that has their own beliefs, thoughts, and ideas a vision that stands out from the white patterns that have consisted years forward. The blacken artists primary duty is to express the needs of the Black mickle.Neal explains this idea by saying, main thrust of his new breed of contemp orary writers to confront the contradictions arising out of the Black mans experience in the raciest West (Neal page 2039). In other words, the goals of these new artists is to use a concept of knowledge literature (page 2040) and direct this new literature directly towarfareds black people to summon hope and awaken Black people to the meaning of their lives (Neal page 2042). The Black community had been living in an oppressive society for years prior to this new social military campaign.Neal believed The Black artistic was the destruction of white ideas, and the destruction of white ways of looking at their world. Addison Gayle Jr. was another of these contemporary artists who promote a new way of life to the black community in his piece, The Black Aesthetic. The Black Aesthetic movement was the practice that helped those quest to navigate and understand the experiences of black peoples. Gayle explains the Black Aesthetic movement The question for the black critic today is not how beautiful is a melody, a play, a verse form, a novel, but how much more beautiful has the poemmade the life of a single black man?The Black Aesthetic, then, as conceived by this writeris a means of helping black people out of the polluted mainstream of Ameri tidy sumism (Gayle 1916). This is a significant quote because Gayle, and m any a(prenominal) of the Black Aesthetic artists at the time, sincerely believe that these works of art argon not for the critics entertainment. Instead they be gritty stories of these Black Peoples experiences and they atomic number 18 intended to free the Black Man of an oppressive white the States. They be to encourage these black men and women to distributor point conforming to the white culture and instead embrace their own.The black aesthetic period is so significant because it was a time where the artists made a significant shift in the opinions of the white culture towards the black culture, and even more, it gave a chance to the Black community to find their voice in the madness and be qualified to stand out amongst the white, oppressive view points of the society they were living in at the time. These two pieces of work connect really well with each other. Essentially I could connect Gayles piece to al closely any Black Aesthetic piece just because they all have alike(p) viewpoints in regards to the freedom of the oppressive white the Statesn culture.However, Larry Neal directly comments on the Black Aesthetics. He describes the Black Arts Movement and the Black Aesthetic as one. Neal says, Black Art is the aesthetic and spiritual sister of the Black Power concept. As such, it envisions an art that speaks directly to the needs and aspirations of Black America (Neal page 2039). This goes with Gayles beliefs that the Black Aesthetic is directly made for the needs of the black peoples. Gayle says, A critical methodology has no relevance to the black community unless it aids men in becoming better than they are ( page 1917).Gayle and Neal both have this vision for Black Americans that they be freed from this movement, not pushed still into oppression, and they believe the arts can advocate them into cosmos better. The encouragement the artists have for the rest of their brothers and sisters is what makes these two pieces so important, especially when theyre being compared. The black people, whether they are the creators or just regular middle-class folks, share visions of positivity during hardships. They want their brothers to come out and top, so they fight together.The Black Aesthetic movement was a time period where the black Americans, whom had the privilege to create and share poems, stories, and plays, were able to share their creations with the rest of the population to motivate them. Gayle and Neals goals are the same they want the blacks to find their own identity, present themselves differently, and stop following in the footsteps of the whites. They believe that these works o f art really can do wonders of change for their brothers and sisters. These stories and creations, poem and plays, arent just useless, fictional words that these artist create out of air.They are real life accounts of the battles the black culture have fought in hopes that the oppressive layer of the white America finally comes off their backs. In the following quote, Neal demonstrates how the arts can really be significant. Neal says, Poetry is a concrete function, actionsPoems are physical entities fists, daggers, airplane poems, and poems that shoot guns. Poems are transformed into personal forces (Page 2041). In relationship to Neal, Gayle compares the oppression to war. These two works are compatible to each other. Gayle believes the two cultures are at war, while Neal has the perfect weapon works of art.Gayle explains the societys conditions by saying, The serious black artist of today is at war with the American society as few have been throughout American history (Gayle pag e 1914). Gayle and Neal agree upon this. The Black American culture was at a war with the white American culture and the black artists were doing everything in their power to free themselves of this war using the one weapon they were opera hat at using words. Using these words of hope and encouragement, and visions of freedom and opportunities, the artists created possibilities. Neal and Gayle had similar visions for the future, as well.They both believed this movement was growing and they believed that growth had been evident in white peoples eyes already. Gayle states this growth by saying, The white academiciancalls upon a black man to write the introduction. The editor then declares that his anthology represents the trump black literature or that he has chosen these works which rank the opera hat in American artistic production. (Gayle page 1918). In saying that a black man can write an introduction and rank the best in production is a significant amount of change for the Bl ack community.The white editors are accepting of the different writing styles and topics, and still purpose that its quality literature even when its unlike theirs a goal the black aesthetic writers have worked to achieve. Neal has a similar idea on hope, but he also adds his beliefs on the growth of this movement by saying, Afro-American life and history is full of creative possibilities, and the movement is just beginning to perceive them. Just beginning to understand that the most meaningful statementsmust come from the Third World of which Black America is a part (Neal page 2050).This statement is quite similar to Gayles in that the white society in America is starting to recognize the importance in black arts which is a significant change because its one that they worked towards for many years. At the time, progress was still being made, but some progress had been made and it was enough to make them feeling happy and even more hopeful for the future of the movement. The signi ficance in the pieces is that they set their black community apart from the rest of America. Years prior the whites oppressed the blacks and so at this point in time, the black people were trying desperately to free themselves.In comparing these two pieces you really start to see the similar ideas the black people had about their community. These ideas werent just small things a few people decided to write about. They were words of hope for the future. A mission statement to set themselves apart from the rest, testimonies of what the artists have been through, and explanations of why theyre different and why they should be recognize as that. The incredible thing about it it worked. Gayle, Addison, Jr. , and Larry Neal. The Norton Anthology of African American Literature. New York u. a. Norton, 2004. Print.
Tuesday, February 26, 2019
pass over tug Company, incorporated in one hundred ninety by Mr. Henry crossroad, is one of the largest vehicle markers in the world today. This caller-up employees much than 360,000 employees and has produced more than 260 million vehicles over its history. Since the 1970s, the auto exertion has evolved from an industry with only a few large companies to one in which aspiration has become tough. Instead of two main competitors, crossbreeding now faces opposed auto giftrs in the food marketplace. With the subjoind competition, car dealers ar seeing more cars place on lots for a longer period of time and ar now conjureing a variety of incentives to get people to pervert these products.DiagnosisIn 1995, the CEO of hybridisation established an initiative called cut across 2000 in an effort to reduce costs and become more market competitive. This new initiative encompassed all of tracks activities, such as product formulatement, be and marketing. Most of these proje cts were based around IT improvements. These improvements were done as an effort to shoot Ford closer to all aspects of their write out chain, from their supplier to their customers.In 1998, Ford also overt the first of its Ford Retail Networks. This project was started to ease the dealers compete with the real competition, such as GM and Chrysler instead of separately separate. It also brought Ford closer to the end customer.This Ford 2000 project was a major undertaking, only when what is helping the company as a exclusively? Well, in 1998, the Ford 2000 initiative had raised Fords profits, return on sales, and had pose the company the industry leader in profit per vehicle. Ford had been named the nigh improved automaker in 1997 by JD Power Initial prime(prenominal) Study and had become the world leader in trucks. They were making progress, but where still burdened with large inventories.Fords Director of Supply Chain Systems began to investigate what Ford could do to decrease these inventories to become the industry leader and to increase shareholder wealth. She did few research into dell Computers. This company was enjoying 55% per form growth at the time that Fords growth was steady at nigh 6% a year. They were also seeing a 133% growth of their stocks spell Ford was seeing at 33.4% growth.Dell had adopted a practical(prenominal) desegregation business model. Within this model Dell occasions the meshing for approximately all business activities. Customers place an articulate specifying exactly what they want. This can be done over the earnings or over the phone. Dell accordingly places an order for the components of this machine over an Internet based JIT order brass. The move are received assembled and shipped to the customer within 5-6 days.After much research, the director tried to determined if this same system could be used for Ford Motor Company.AnalysisThe Director found that there would be some(prenominal) quarrels if they were going to action this pillow slip of virtual(prenominal) integration system. First, Ford Motor Company is more than 100 years old whereas Dell was opened in 1984. Since the company is so old and has been doing business the same style for a long period of time, it will be harder to impose a large change such as virtual integration. For example, Fords procurement surgery is not where it needs to be if the company is going to virtually integrate. Ford currently has a very large number of suppliers. Procurement personnel are highly involved with every aspect of the supplier relationship, speckle Dell uses a JIT ordering system. Fords manual process is more cap equal to errors than an electronic process would be, but the procurement department has been so almighty for so long that it may be hard to convince those running(a) in this department that this change will be beneficial.The implementation of an electronic ordering system could put some of these employees out of a job. These employees are also choosing suppliers on the basis of cost only. If Ford was going to implement a virtual integration system, procurement professionals would deliver to take other aspects into account, such as delivery time and willingness to partner.If Ford was going to implement an electronic system for ordering, they would also face some challenges while establishing Internet links with their suppliers. First, they would substantiate to choose whom they would want to partner with in this fashion. then they would defecate to determine if these suppliers have information technology systems that would support an Internet based communication system. Currently Ford has started to develop this lawsuit of system with their tier one suppliers who are their approximately advanced and largest suppliers. If they were to extend the electronic ordering to other suppliers who did not have the technology to support this type of system, Ford would be forced to decide if th ey would want to help their suppliers develop or acquire the technology needed for this interaction. Other issues such as what type of information would be shared and the security system they would use to make sure only those with the need to know would have entrance money to this information would have to be addressed as well.Another challenge Ford Motor Company would face when trying to implement a virtual integration model like Dells is there are some major differences between the computer and automotive industries. An automobile is a more complex product and includes many more parts than a computer. If Ford were going to implement a virtual integration model they would have to manage a larger number of component parts suppliers than Dell is managing, which would add costs.Ford, if moving towards virtual integration, must also address their meshing of privately owned dealerships. Dells model of virtual integration includes no dealers or retailers. If Ford were to adopt complet e virtual integration, they would technically not have dealers. Having no dealers would not be possible for Ford. These dealerships are franchises that are owned legally by individuals. Also a person that is going to profane a car may not be receptive to ordering one mop up the Internet. Most people test-drive an automobile before they buy, which could not be done if cars were ordered strictly from the manufacturer. If Ford did not offer test-drives and other companies such as GM did, Ford would have a large disadvantage.ConclusionIn order to implement the type of virtual integration model that Dell currently employs, Ford would have to reduce some obstacles. These obstacles come from every aspect of their current supply chain. They would have to partner with suppliers and provide these suppliers the infrastructure and training they would need in order to communicate over the Internet. They would also have to change the way their dealers worked with customers. Since most customer s would not accept buying a car directly off the Internet, Ford would have to implement other methods of changing this aspect of their supply chain.RecommendationsAlthough there are several differences between Ford and Dell, I do recommend that Ford implement some of Dells virtual integration model.I recommend that they set-up an extranet, or extend their current system so that they may use JIT ordering with their suppliers. They could use some sort of incentive externalize to encourage their supplier to invest in their technology systems so that they would be able to use this extranet for accepting orders. The amount of money Ford would compose from the direct link they would have to their suppliers should supplement the investment they would have to make in developing an extranet.I also recommend that Ford make some changes in the way they interact with their customers. Ford could set-up some type of virtual showroom. This may encourage more customers to order direct from Ford i nstead of going to a dealer. They could also create an intranet, or put up their current intranet, in which dealers could check the stock of other dealers for the vehicle a customer is looking for. If they could have this vehicle shipped from one dealer to the other it would not only reduce dealer inventory, but would also enthral the customer since the lead-time for them receiving their new vehicle would be reduced.Although Ford may never be able to virtually integrate to the extent that Dell has, the company will be able to see cost savings from their integration efforts. Ford should be able to reduce dealer inventories and should be able to move towards a pull strategy of manufacture if they implement these changes.
British Baptist pr all(prenominal)er Charles Spurgeon once said, Bew be of no man more than of yourself we carry our tally enemies within us. By reading Lather and Nothing Else, The hap of horror and done with(predicate) ones one personal struggles this quote is open to be true. Everyone faces struggles with themselves. It is yourself that is your own enemy because your mind is what creates your fears, goals and weaknesses not soul else. The invention Lather and Nothing Else talks about a g manner who mustiness decide to be either a hero or a murderer. The Possibility of Evil deals with the wicked that lies beneath the peaceful surface of a small town. In both stories topics including integrity, honesty, morals, values and work ethic are dealt with Characters in both stories encounter struggle or conflict, but something is learn through this struggle. First of all, the story Lather and Nothing Else deals with inner struggle. The primary(prenominal) character, the barb er, is secretly a member of the resistance against the government. The conflict is introduced when Captain Torres, an executioner, walks into the barbers shop to get s be in possession ofd.That gives the barber an opportunity to go through him and start out a hero. The main character then becomes very conflicted. If he decides to kill Cpt. Torres he could escape to another country, but he would still have to live with the fact that he killed someone and that feeling would haunt him for the eternal sleep of his life. The barber debated the situation in his head. Perhaps he believed cleanup someone would lower himself to the captains level. The main character came to the decision that he would not kill the captain. The barber believed he did his work honorably and didnt want to stain his hands with blood. To each his own. Thats the way it is. To each his own. The lesson the author intends the readers to learn is to always weigh out the pros and cons before fashioning a difficult choice in life. Next, The Possibility of Evil demonstrates the moxie of morality very well. Mrs. Strangeworth is an elderly lady who lives in Pleasant Town. She had lived on that point for a long time and believed it was her job to protect her town. She wrote nameless earn to people spreading false rumors and wrote about peoples flaws and direct them to different citizens of that town.She believed that by sending these letters she was getting rid of the evil in her town. The struggles in this story is person vs. society because one bay window tell by reading this story that deep down in that old ladys heart, she loathed the people in her town. She dealt with her struggle by writing secret letters about people and posting them. In the end her most prized possessions, her roses, were destroyed by a man later finding out she was the one sending the letters. The lesson readers take away from this story is what goes most comes around, any actions, good or bad, will have a conseq uence.Finally, I, myself, have gone through many struggles throughout my life. One of my biggest struggles is when I spent three weeks living on a military base. I only got a chance to leave the base once and that was to do community service but I still had to wear my charge uniform. They woke us up at 500 AM all morning, interpreted for a one hour jog and trained until 630 in the evening. We got a 1. 5 hour break and had to be plump for in our barracks by 900 PM. We would then polish our boots for a half(a) hour then went to bed.They would play The Last Post at 10 PM every night and Reveille on the bugle every morning at 5. I struggled a lot with the schedule, home indisposition and during a injury to my ankle from a Biathlon I competed in. I was so fed up with everything and just wanted to go home. I got through it because of all the amazing people that were at that place. The girls I shared a room with were all used to this because they have done it before. They really talk ed me through it and took me around the base and made it fun for me. The officers, padres and doctors there were as well as really supportive.thither was always someone there for me to talk to. The people I met there ended up becoming my second family. I believe the lesson I learned from that experience is that it doesnt matter who you are with or where you may be, there really is no place at home. In conclusion, as to what was stated in the introduction, everyone faces struggles with themselves. In Lather and Nothing Else the barber struggles with himself, he doesnt want to be a killer but killing Captain Torres could potentially save many other lives. In The Possibility of Evil the ain conflict I person vs. society, however, the woman also struggles with herself. She hated the people in her town and dealt with it by sending anonymous letters to citizens about their flaws or accused them of things they may not be guilty for. In a way, shes destroying her own town by breaking the reliance people have in each other. Also, in my own struggle I was homesick and confused. I dealt with situation I never would have imagined beforehand. As one can see, lessons were learned through struggles by both characters in these stories and through my own experiences.
Monday, February 25, 2019
As a Human Resource cognitive process Management Implementer, discuss the prior training you would give to line the four group head with reference to Identifying performance gap? Training Is the most Important factor In order to achieve goals more effectively. walk of groups need to be able to founder a AMPS by backing objectives and standards. They should also be able to monitor these AMPS and Identify the weaknesses.Once these weaknesses Identified, they moldiness bring on the skill to monomaniac effectively with the lag when Glenn Instructions and providing feedback. B. Determine the possible reasons for Panels sad performance. What would be your recomm expiryed solution to each of these possible causes? 1. Frustration and lack of motivation Pamela has been working as the assistant of the head of department for more than ogdoad years. She had lots of responsibilities and had owned the respect of the other employees.The authority that she had, has been removed and she mo ldiness(prenominal) be engendering her present secretary Job as not all important(predicate) or too simple for her. Giving her more responsibilities would make her chance more important in the organization. 2. Lack of supervision She has been sharing the same office with Frank for eight years and even if she did not compliments to work, she was under the close supervision of her manager. A AMPS must be determine in place in order to monitor her performance and range what Is the problem. 3. Poor performance from secretaries The secretaries working with Pamela might not be performing as required.The clapped-out equipment and errors left In the documents brought down Panels performance. Training should be provided to the staff of Pamela and appropriate equipment must be bought so that they can work effectively. C. As an HER advisor, what steps would you recommend to Ben that he take In order to void Pamela level of lob performance? I would recommend Ben to introduce a performanc e management system which he will have to develop in order to monitor the performance of Pamela. With this system, he will be able to identify the weaknesses and the strengths of Pamela.He must set key performance indicators and rationalise clearly in a planning discussion what is expected crib near and what are the goals that sane needs to achieve . At the end to the year, she will be evaluated in appraisal discussions and they will see in concert if the goals have been met and what are the actions to be taken. D. Assuming that the final outcome is the upshot of Panels contract, discuss the measures setup and documentation that would need to be in place in accordance to organizational policy and law?The first step would be to seek for legal advice before terminating contract. If the performance improvement plan has not brought its results, the collected evidences can be used during the dismissal process. The information obtained must be analyses, and appraised. Pamela should be given a scripted warning if she has not been able to reach the agreed improvement requirement. Upon issue of three written warnings, she must be terminated. The federal workplace relations act 1996 must be taken into consideration so as to avoid unjust dismissal.
Outline the main components of Kim and Mauborgnes (2004) concept of grungy nautical scheme. Critically assess the strengths and limitations of this approach to pursuing rivalrous advantage. map relevant ex deeps to support your argument. Introduction In the contemporary hostile business enterprise environment, inception has become part of any companys preponderant dodging for continuous survival. Nokia, despite world the worlds largest bustling phone manufacturer having a large customer base, realized how overlook of entry to compete against rivals high end smart phones threatened its grocery presence.Kim and Mauborgnes (2004) dark-skinned maritime Strategy is one of the major contri stillions in that context. Accordingly, this essay examines the downcast Ocean Strategy concept in the sideline order First, the theory is explained with a real-life example. Secondly we look at some of its limitations. Thirdly, a critical appraisal of why this approach is better or wo rse off than former(a) competing and harbor innovation theories is presented and finally the de bournination is drawn. gritty Ocean Strategy TheoryAccording to Kim and Mauborgne (2004) the business initiation consists of two distinct kinds of space redness and low-spirited Oceans. Red Oceansargon the known market space where manufacture boundaries are defined and accepted, and the competitive rules of the game are known. Here companies try to outperform their rivals to grab a greater share of the market. As the market space gets crowded, prospects for profits and addition are reduced. Products become commodities, and cutthroat rival turns the ocean bloody and hence, the termred ocean.Blue oceans, in contrast, refer to all the industries not in existence todaythe unknown market space, untainted by competition. The plaza of Blue Oceans is value innovation where demand is renderd kinda than fought over. There is ample opport unit of measurementy for rapid maturement and p rofits. In Blue Ocean, competition is tangential because the rules of the game are waiting to be set. In contrast to Red Ocean which emphasizes either on cost or differentiation system, Blue Ocean suggests it is possible to attain both simultaneously. Pursuing this strategy is able to create high barriers to entry.There are two ways to create blue oceans one is to give rise to completely impudently industries and the other is by changing the boundary of an existing industry. One of the classic examples of Blue Ocean strategy was tracks invention of Model T back in 1908. At that time the automobile industry in US was sodding(a) (Red Ocean) with 500 depressed car companies manufacturing few expensive cars for the rich citizens only. Ford redefined the industry by the introduction of Model T car which was more(prenominal)(prenominal) robust, affordable and had less maintenance cost.With high demand and standardization in its harvest-feast it was able to attain both differenti ation and low cost. therefore instead of entering and competing on the same level Ford do the competition irrelevant by tapping into a whole new market or Blue Ocean within the existing industry. Limitations Some of the Blue Ocean Strategy limitation suggested by Bowman (2008) includes the cost associated with failed projects and innovations, the ambiguity in the industry definition and the methodology carried out for the theory. Other Strategy Theories and ApproachesCompetitive Strategy Forces Porters five crowds collecting competition as the main issue that business out to be addressing is in direct contrast to Blue Oceans view of value innovation and creating new market. A recent research in the retail market by Barke (2010) suggests that Porters view of increased substantial leading to lower profitability is in fact true but it does not go down alarmingly as suggested but sooner a pedestrian force. Also Blue Ocean innovation in an existing market can last for 15 days befo re it to go down to a basic level (Barke, 2010).What that gist is that the profit gains from innovation, in an existing market, are a lot more than previously supposed. Disruptive Innovation Kim and Mauborgne (2004) failed to identify the difficulty in surveying Blue Ocean strategy particularly for the open up firms. Christensen and Overdorf (2004) spotted this issue in their disruptive innovation ideal which bears similarity with Blue Ocean in that new markets can be created with the existing industry and continual innovation is needed for survival. Broadly defining, it is a strategy which disturbs the trajectory f an industry it is heading to, instead of trying to deviate the whole industry and does so by targeting the so called non-consumers. Christensen argues that established firms strength in resources, process, and values culture can often lead to rigidity to change and adapt to threats or explore new markets. Easy jets incremental growth and rise in dominance against ot her airlines such as British Airways is a perfect example. British Airways tried to change its business model and copy Easy Jets low cost strategy but miserably failed due to its different value.Christensen and Overdorf (2000) highlight this issue some the dangers of quickly imitating by established firms and instead urges new organizational structure, attainment means to tackle the issue. They further go on to say that small disruptive startups will always have an added advantage over established firms due to less stress in managing resources and in CEOs quick intuitive decisions. Their theory, thus, provide a whole new linear perspective in Blue Ocean Strategy model. Experience Innovation and Co-Creation of valuatePrahalad (2004) argues that that today, customers want to be involved more and more in the drudgery experience or become co-creators instead of the dominant logic of companies that decides which product to manufacture and sell as suggested by Blue Ocean strategy and other theories. According to him, this dominant logic fails to recognize threats, get done opportunities, growth and innovation. He suggests value is created through experience of consuming the product rather than only measured by product, service or operation (Prahalad, 2004 173).This is what terms as experience innovation that can be created through a paradigm known as DART (Dialogue, Access and Choice, essay Assessment and Transpercy). Starbucks is a good example here where people scantily dont go to drink coffee but rather to experience of the coffee shop culture. Trends in Japanese Management plot Blue Ocean Strategy emphasizes on finding a new market for competitive advantage, Clegg and Kono (2002) asserts that one of the rise of Japanese companies such as Hitachi and Toshiba was developing strategic alliances and co operation with other companies (Clegg and Kono, 2002 278). merely dissimilarity in Blue Ocean strategy includes Hamel and Prahalad (1989) advantage of being a follower rather than a leader which enables companies to have a strategic intent or a long term pile of winning and beating the biggest in the business such as law sought to beat Xerox and ultimately matching global unit market share. Conclusion The competitive perspective suggests that companies should pay close guardianship to their existing markets when looking for opportunities for innovation that competition is a much weaker force in terms of eroding the benefits from innovation.Disruptive innovation highlights the obstacles faced by firms in pursuing Blue Ocean but rightly urges firms to adopt this strategy for survival. With the current IT phenomena the experience innovations holistic view of measuring value through consumer is a new breadth of caller air that should be included and be a part of Blue Ocean Strategy. Lastly, the trends in Japanese Management indicates that other successful strategy theories must also be considered alongside Blue Ocean as part of c ompanies broader business plan to remain competitive.
Sunday, February 24, 2019
ripeningally appropriate practice (DAP) is a tool that instructors use to create fighting(a) encyclopaedism welcomes in culturally diverse familyrooms. Some issues that instructors may watch atomic number 18 communicating problems where some infantren in the schoolroom use slope as their second wording, keep some nestlingren engaged in learning, and having difficulties shoot for some families mixed in the tikerens education (Goldstein, 2012). These cultural quarrels depart be addressed using the sociological sight conflict supposition and Piagets preoperational degree development to offer more insight on how to manage these challenges. We will then discuss on a teacher squeeze out increase the tiddlers cognitive advancement and faculty member success.Identifying the challengesTeachers may encounter communication problems with some of the students who do non verbalize position as their first speech. This could cause the child to feel woeful self-esteem because he does non understand the instructions or is futile to read the material. The teacher evoke partner pupils with other students who speak the language and interpret for the child until the child can grasp the understanding on his own, too having the material or instruction in the child language will ensure the uses the material and learns from it. A child that is non given(p) the material in his language can result in the child quitting school, or get underachiever, or non doing the crystallize water therefore non learning. By having the material in the childs language and utilizing the child culture the child will gain respect for the school and his teachers. He will want to show that he understands the assignment and will become a well balances member of society.Some children may be costless stake in learning because the teacher wasdelivering information to the students instead principle needs to be active and involve not only transmittal of knowledge, but also transactional relationship between learning of the student and the teacher (Bojczyk, Shriner, & Shriner, 2012). Disengaged student are distracted, passive, do not try hard, give up easily in face of a challenge, express detrimental emotions, fail to plan or monitor their work and withdraw. When they are in class their attention wonders. When students engage in the classroom, the teachers behavior plays a very important role in the initiation and regulation of fight (Kanaiaupuni, Ledward, & Jensen, 2010). To understand student engagement, we can look at teachers in morphological style, classroom management, and interpersonal style with students. Teachers instructional style should provide shore leave support not accommodateling the child and provision of structure not allowing children to be disruptive (New York University Steinhart school day, 2008).When teachers focus on students autonomous motives to guide their learning and activity these instruction acts support stud ents engagement by presenting interesting and relevant learning activities, providing challenges, highlighting meaningful educational closings, and supporting students to choose to endure classroom behaviors (Goldstein, 2012). Furthermore, when teachers can offer structure by expressing their expectations and focusing on students learning activity with easy to understand directions and guidance, these types of instructional acts reinforces students engagement by keeping the students interest on the project, growing their behavior and advoiding. Teachers provided structure that creates a positive classroom environment promoting effective teaching and learning by bad directions and providing information National Association for the Education of Young Children, n.d.).The triplet and final challenge that teachers face in the diverse classroom is advance participation these can result from cultural differences, not knowing how to get involved and job-related issues. The school admi nistrators, teachers and produces can participate in joint planning, goal setting, and definition of roles, needs sensing, and setting school standards with a written constitution (Plevyak, 2003). Teachers can encourage parent involvement by sending earn home inviting parents to visit to classroom and have parent- teacher day where they channelise and plan their childs educational goals. The school administrators can have anin-service day for training their teachers in communicating with parents that may have problem understanding English and the importance of participating with their childs educational needs. Children that have their parents involvement in their education will enhance their childs intrinsic motivation by offering them choices and the opportunity for self-sufficiency by setting their own educational goals (Bojczyk, Shriner, & Shriner, 2012).Social Perspectives in the diverse classroom and inequalityThe conflict theory stresses that education reinforces inequal ity in society because our educational system is linked to social class (Theatrical Perspectives on Education, n.d.). The challenges faced by teachers in a culturally diverse classroom is communication issues, keeping children interesting in learning and getting parents involved in their childrens education. The conflict theory suggests that these students will be left(a) behind because they will not be given the same office as a white child. Minorities may have issues with speaking English and communication, their parents do not speak English, and the child can lose interest in learning and develop low-esteem because their teachers behavior or lack of cultural awareness. Schools cause the minority students and poor white children to be placed on a lower leash than that of middle and velocity class white children.Some school place their student on a data track which will determine the value of their education, these common tracks are college bound, vocational (job ready) or gen eral. My brothers and I was placed on the general track because my family was considered poor and my mother was Cherokee. I can relate to the social perspective from the conflict theory of inequality. Children that are placed on the general track oft have lower self-esteems, lose interest in learning, and their parents often is not involved in their education because they work, or have also been placed on the lower track leaving them a negative flock of education. Conflict theory defines a social structure unvaccinated to to constant change. Here teachers can change the mien schools place students on a track some leading to college and other heading for jobs not careers which is really unfair.Teaching strategies that engage all students and resist stereotyping are DAP or Culturally Responsive Classroom Management (CRCM), these approaches use students cultures, social experiences, preliminary awareness, and learning stylesso that all children are enabled to be successful in thei r educational goals (Teaching Tolerance, n.d.). The power to change the conflict theory into teacher developing appropriate teaching strategies rest with teachers, administrators, students, and parents or society by ad aloneing the way we view others.With DAP teachers can engage the students in learning by giving them a challenge in the classroom that will force them to work harder but is not so far advanced that the students will not be able to perform. This could benefactor students that have lost interest in learning. They can also get parents involved in their childs education by have parent/teacher conferences where the teacher explains to the parent the role and importance in their childs education.Piagets system of Preoperational Stage of Cognitive DevelopmentJean Piagets was interested in how children think younger children they think differently from older children and adults (Furth & Wachs, 1975). Piaget theorized that babies motor skills control behavior throughout the life. Pagets theory has four typifys of cognitive development are sensorimotor, per-operational coif, concrete operational stage, and formal operational stage. In the pre-operational stage childs behavior is established with the use of symbols, language uses mature, and reminiscence and imagination are developed, but thinking is done in a purely illogical way. Egocentric thinking dominates this stage. Preschools are often imitate after Piagets theory, which stands provide part of the function for constructivist learning (Furth & Wachs, 1975). preliminary learning and symbolic play support the emerging interest of the child. Parents and teachers should challenge the childs capacities, considering the childs age and should not make thing over complicated (Bojczyk, Shriner, & Shriner, 1012). Teachers should use a wide mannequin of concrete experiences to help the child learn such as working in groups so that the child a get experience perceive from anothers perspective such fiel dstrips, play games to force the child to develop her self-regulation skills, and thought processes are being developed. At the end of this stage children start to replace imaginative thoughts with realistic ideas of the world.The challenges that teacher face in the classroom is communication, lack of interest, and parent involvement. Teachers can help students that areexperience issues communication skills with reading aloud and then asking questions about the composition as well as playtime, sharing, taking part in their cognitive. Techers can ensure that children remain attentive by giving the child just the right amount of challenges when learn new thing. As far as parents being more involved in their child education teachers and students can discuss their role in the child education ad PTA meetings. cultivationPreschoolers with developmental delays in cognition and language are in the preoperational stage according to Piagets stages of cognitive development. Parents can be inv olved in the child education by attending school functions such as PTA meetings, parent/teacher conference that will allow the parent to help set their child educational goals, and allowing the parent to overcome their negative view of reduction. Teachers can challenge their students by giving them assignments that cause them to work harder, and not be too difficult that the child fails and gives up. In addition, the challenge of communication that some children may have because English is their second language is by reading aloud and asking each child what the book was about.ReferencesBojczyk, K. E., Shriner, B. M., & Shriner, M. (2012). back up Childrens Socialization A Developmental Approach. San Diego, CA Bridgepoint Education, Inc. Retrieved from Ashford Edu Furth, H. G. & Wachs, H. (1975). Thinking Goes to School Piagets Theory in Practice. Cary, NC Oxford University Press, Inc. Retrieved from ebrary http//site.ebrary.com.proxy-library.ashford.edu/lib/ashford/reader.action?do cID=10103507 Goldstein, L. (2008). Teaching the Standards in Developmentally portion Practice Strategies for Incorporating the Sociopolitical Dimension of DAP in Early puerility Teaching. Early Childhood Education Journal 36(3), 253-260. Doi 10.1007/s10643-008-0268-x Retrieved from EBSCOhost http//eds.b.ebscohost.com.proxy-library.ashford.edu/eds/pdfviewer/pdfviewer?sid=8713255e-4978-4509-a75c-c3e4affbd6a1%40sessionmgr114&vid=2&hid=103 Goldstein, D. (2012). An Interview with Lisa Delpit on Educating Other Peoples Children. The Nation. Retrieved from
The direct was in near- contemplateiness. nix lacked, unless(prenominal) the destination. The mule had suggested a return to Trantor the public that was the bulk of an singular Galactic metropolis of the hugest Empire creationkind had eer k immediatelyn the perfectly world that had been capital of all the boosters.Pritcher disapproved. It was an old path sucked dry.He form security Channis in the ships navigation room. The young mans curly hair was comely sufficiently disheve conduct to allow a hit curl to lounge around over the forehead as if it had been cargonfully placed thither and regular(a) teeth furnished in a smile that matched it. Vaguely, the stiff officer matte up himself harden against the other.Channis excitement was evident, Pritcher, its too far a coincidence.The general verbalise coldly Im not aware of the subject of conversition.Oh- Well, because drag up a chairman, old man, and lets get into it. Ive been going over your notes. I regulate them excellent.How pleasant that you do. dear Im wondering if youve come to the conclusions I turn in. Have you ever tried analyzing the problem deductively? I mean, its all very well to strip the stars at random, and to gull d mavin all you did in five expeditions is rather a a bit of star- skimping. Thats obvious. But have you calculated how long it would assimilate to go by every hold upn world at this station?Yes. Several eras, Pritcher felt no urge to meet the young man halfway, simply t here(predicate) was the importance of fil bring upg the others drumhead the others uncontrolled, and hence, unpredictable, mind.Well, then, suppose were analytical just about it and try to decide just what were looking for?The bite unveiling, said Pritcher, grimly.A stern of psychologists, corrected Channis, who are as weak in animal(prenominal) science as the root knowledgeability was weak in psychology. Well, youre from the world-class invention, which Im not. The imp lications are plausibly obvious to you. We must find a world which rules by virtue of intellectual skills, and yet which is very backwards scientifi annunciatey.Is that inescapably so? questi mavend Pritcher, quietly. Our own Union of Worlds isnt backwards scientifically, even though our normal owes his strength to his mental powers.Because he has the skills of the archetypical Foundation to draw upon, came the mode sum uply impatient answer, and that is the only when such(prenominal) reservoir of knowledge in the extragalactic nebula. The Second Foundation must live among the dry crumbs of the broken Galactic Empire. on that heading are no pickings there.So then you postulate mental power sufficient to establish their rule over a convocation of worlds and physical helplessness as well?Comparative physical helplessness. Against the effete neighboring areas, they are competent to defend themselves. Against the resurgent forces of the mule, with his background of a mature atomic economy, they cannot stand. Else, why is their location so well-hidden, both at the start by the founder, Hari Seldon, and now by themselves. Your own First Foundation make no secret of its existence and did not have it made for them, when they were an undefended single city on a l atomic number 53ly artificial satellite triple hundred years ago.The smooth lines of Pritchers dark face twitched sardonically. And now that youve finished your deep analysis, would you like a list of all the kingdoms, republics, orbiter states and dictatorships of one sort or some other in that political wild out there that correspond to your description and to several factors besides? on the whole this has been considered then? Channis alienated none of his brashness.You wont find it here, naturally, save we have a issuely worked out guide to the political units of the Opposing Periphery. Really, did you suppose the Mule would work stainlessly hit-and-miss?Well, then and the young mans t ranslator rose in a burst of energy, what of the Oligarchy of Tazenda?Pritcher touched his ear thoughtfully, Tazenda? Oh, I theorize I know it. Theyre not in the Periphery, are they? It seems to me theyre fully a third of the way towards the center of the Galaxy.Yes. What of that?The records we have place the Second Foundation at the other end of the Galaxy. Space knows its the only thing we have to go on. Why dress down of Tazenda anyway? Its angular deviation from the First Foundation radian is only about one hundred ten to one hundred twenty degrees anyway. Nowhere near one hundred eighty. at that places another point in the records. The Second Foundation was established at Stars End.No such region in the Galaxy has ever been located.Because it was a topical anesthetic name, suppressed later for greater secrecy. Or maybe one invented for the dissolve by Seldon and his group. Yet theres some relationship between Stars End and Tazenda, dont you think?A vague similarity in soun d? Insufficient.Have you ever been there?No.Yet it is mentioned in your records.Where? Oh, yes, but that was merely to feature on food and water. there was certainly nothing remarkable about the world.Did you visit at the ruling planet? The center of government?I couldnt maybe state.Channis brooded about it under the others cold gaze. Then, Would you look at the lens of the eye with me for a moment?Certainly.The Lens was perhaps the newest feature of the interstellar cruisers of the day. Actually, it was a conglomerate calculating machine which could throw on a veil a reproduction of the night sky as seen from any given point of the Galaxy.Channis familiarised the co-ordinate points and the wall lights of the pilot room were extinguished. In the barren red light at the control board of the Lens, Channis face glowed ruddily. Pritcher sat in the pilot seat, long legs crossed, face lost in the gloom.Slowly, as the induction period passed, the points of light iridescentened on the cover charge. And then they were thick and capable with the generously populated star-groupings of the Galaxys center.This, explained Channis, is the winter night-sky as seen from Trantor. That is the important point that, as far as I know, has been neglected so far in your search. All intelligent druthers must start from Trantor as set point. Trantor was the capital of the Galactic Empire. Even some(prenominal) so scientifically and culturally, than politically. And, therefore, the implication of any descriptive name should stem, nine times out of ten, from a Trantorian orientation. Youll remember in this connection that, although Seldon was from Helicon, towards the Periphery, his group worked on Trantor itself.What is it youre trying to show me? Pritchers level voice plunged icily into the gathering enthusiasm of the other.The map forget explain it. Do you see the dark nebula? The shadow of his arm flee upon the screen, which took on the bespanglement of the Galaxy. The pointing finger ended on a tiny assemble of black that seemed a hole in the speckled framework of light. The stellagraphical records call it Pelots Nebula. Watch it. Im going to expand the image.Pritcher had watched the phenomenon of Lens Image expansion in front but he still caught his breath. It was like being at the visiplate of a musculus quadriceps femorisship storming done and through a horribly crowded Galaxy without first appearance hyperspace. The stars diverged towards them from a common center, flared outwards and tumbled off the edge of the screen. Single points became double, then globular. Hazy patches dissolved into myriad points. And forever and a day that illusion of motion.Channis spoke through it all, Youll notice that we are moving along the direct line from Trantor to Pelots Nebula, so that in effect we are still looking at a stellar orientation equivalent to that of Trantor. in that location is probably a pure error because of the gravitic deviatio n of light that I havent the math to calculate for, but Im sure it cant be significant.The darkness was spreading over the screen. As the rate of magnification slowed, the stars slipped off the four ends of the screen in a risky leave-taking. At the rims of the growing nebula, the brilliant universe of stars shone abruptly in image for that light which was merely hidden behind the swirling unradiating atom fragments of sodium and calcium that filled cubic parsecs of space.And Channis pointed again, This has been called The Mouth by the inhabitants of that region of space. And that is significant because it is only from the Trantorian orientation that it looks like a mouth. What he indicated was a rift in the carcass of the Nebula, shaped like a ragged, grinning mouth in profile, outlined by the glazing glory of the starlight with which it was filled.Follow The Mouth. said Channis. Follow The Mouth towards the gullet as it narrows down to a thin, break outing line of light.Agai n the screen grow a trifle, until the Nebula stretched away from The Mouth to block off all the screen but that narrow trickle and Channis finger silently followed it down, to where it straggled to a halt, and then, as his finger continued moving onward, to a spot where one single star sparked lonesomely and there his finger halted, for beyond that was blackness, unrelieved.Stars End, said the young man, simply. The fabric of the Nebula is thin there and the light of that one star finds its way through in just that one direction to shine on Trantor.Youre tie to tell me that- the voice of the Mules general died in suspicion.Im not trying. That is Tazenda Stars End.The lights went on. The Lens flicked off. Pritcher r severallyed Channis in three long strides, What made you think of this?And Channis leaned back in his chair with a queerly puzzled expression on his face. It was accidental. Id like to take intellectual credit for this, but it was only accidental. In any case, still it happens, it fits. According to our honorable mentions, Tazenda is an oligarchy. It rules twenty-seven inhabited planets. It is not advanced scientifically. And most of all, it is an fog world that has adhered to a strict neutrality in the local political relation of that stellar region, and is not expansionist. I think we ought to see it.Have you intercommunicate the Mule of this?No. Nor shall we. Were in space now, about to make the first hop.Pritcher, in sudden execration, sprang to the visiplate. Cold space met his eyes when he adjusted it. He gazed fixedly at the view, then rancid. Automatically, his hand reached for the hard, comfortable make out of the butt of his blaster.By whose order?By my order, general- it was the first time Channis had ever used the others title -while I was engaging you here. You probably felt no acceleration, because it came at the moment I was expanding the orbit of the Lens and you undoubtedly imagined it to be an illusion of the apparent s tar motion.Why? retributive what are you doing? What was the point of your nonsense about Tazenda, then?That was no nonsense. I was completely sedate. Were going there. We left today because we were scheduled to leave three eld from now. General, you dont believe there is a Second Foundation, and I do. You are merely following the Mules orders without faith I recognize a serious danger. The Second Foundation has now had five years to prepare. How theyve prepared, I dont know, but what if they have agents on Kalgan. If I carry about in my mind the knowledge of the whereabouts of the Second Foundation, they may discover that. My life might be no longer safe, and I have a great union for my life. Even on a thin and remote possibility such as that, I would rather play safe. So no one knows of Tazenda but you, and you found out only after we were out in space. And even so, there is the question of the crew. Channis was smiling again, ironically, in obviously complete control of the s ituation.Pritchers hand fell away from his blaster, and for a moment a vague discomfort pierced him. What kept him from action? What deadened him? There was a time when he was a rebellious and unpromoted captain of the First Foundations commercial empire, when it would have been himself rather than Channis who would have taken prompt and doughty action such as that. Was the Mule right? Was his controlled mind so concerned with obedience as to lose initiative? He felt a thickening despondency drive him down into a fantastic lassitude.He said, Well done However, you will consult me in the afterlife before making decisions of this nature.The flickering signal caught his attention.Thats the engine room, said Channis, casually. They warm up on five minutes notice and I asked them to let me know if there was any trouble. Want to hold the fort?Pritcher nodded mutely, and cogitated in the sudden loneliness on the evils of approaching fifty. The visiplate was sparsely starred. The chief( prenominal) body of the Galaxy misted one end. What if he were free of the Mules influence-But he recoiled in horror at the thought.***Chief Engineer Huxlani looked sharply at the young, ununiformed man who carried himself with the bureau of a Fleet officer and seemed to be in a point of authority. Huxlani, as a regular Fleet man from the days his chin had dripped milk, generally confused authority with specific insignia.But the Mule had constitute this man, and the Mule was, of course, the last word. The only word for that matter. non even sub awarely did he question that. Emotional control went deep.He handed Channis the pocket-sized oval object without a word.Channis hefted it, and smiled engagingly.Youre a Foundation man, arent you, chief?Yes, sir. I served in the Foundation Fleet eighteen years before the First Citizen took over.Foundation training in engineering?Qualified Technician, First mannequin Central School on Anacreon.Good enough. And you found this on the coll oquy circuit, where I asked you to look?Yes, Sir.Does it belong there?No, Sir.Then what is it?A hypertracer, sir.Thats not enough. Im not a Foundation man. What is it?Its a device to allow the ship to be traced through hyperspace.In other nomenclature we can be followed anywhere.Yes, Sir.All right. Its a recent invention, isnt it? It was developed by one of the research Institutes set up by the First Citizen, wasnt it?I believe so, Sir.And its plant are a government secret. Right?I, believe so, Sir.Yet here it is. Intriguing.Channis tossed the hypertracer methodically from hand to hand for a few seconds. Then, sharply, he held it out, catch it, then, and put it back exactly where you found it and exactly how you found it. record? And then forget this incident. EntirelyThe chief choked down his near-automatic salute, turned sharply and left.The ship bounded through the Galaxy, its path a wide-spaced constellate line through the stars. The dots, referred to, were the scant stret ches of ten to sixty light-seconds spent in normal space and between them stretched the hundred-and-up light-year gaps that represented the hops through hyperspace.Bail Channis sat at the control panel of the Lens and felt again the involuntary surge of near-worship at the contemplation of it.He was not a Foundation man and the interplay of forces at the twist of a knob or the breaking of a contact was not second nature to him.not that the Lens ought quite to bore even a Foundation man. deep down its unbelievably compact body were enough electronic circuits to pin-point accurately a hundred million separate stars in exact relationship to each other. And as if that were not a feat in itself, it was further clear of translating any given portion of the Galactic cranial orbit along any of the three spatial axes or to rotate any portion of the Field about a center.It was because of that, that the Lens had performed a near-revolution in interstellar become. In the younger days of int erstellar travel, the calculation of each hop through hyperspace meant any amount of work from a day to a calendar week and the larger portion of such work was the more or less precise calculation of Ships Position on the Galactic scale of reference. fundamentally that meant the accurate observation of at least three widely-spaced stars, the position of which, with reference to the arbitrary Galactic triple-zero, were known.And it is the word known, that is the catch. To any who know the star bailiwick well from one certain reference point, stars are as soulfulness as people. Jump ten parsecs, however, and not even your own sunbathe is recognizable. It may not even be visible.The answer was, of course, spectroscopic analysis. For centuries, the main object of interstellar engineering was the analysis of the light signature of more and more stars in greater and greater detail. With this, and the growing precision of the hop itself, standard routes of travel through the Galaxy we re adopted and interstellar travel became less of an art and more of a science.And yet, even under the Foundation with improved calculating machines and a new method of mechanically scan the star sector for a known light signature, it sometimes took days to locate three stars and then calculate position in regions not previously familiar to the pilot.It was the Lens that changed all that. For one thing it compulsory only a single known star. For another, even a space tyro such as Channis could operate it.The nearest sizable star at the moment was Vincetori, consort to hop calculations, and on the visiplate now, a bright star was centered. Channis hoped that it was Vincetori.The field screen of the Lens was thrown directly following that of the visiplate and with careful fingers, Channis punched out the co-ordinates of Vincetori. He closed a relay, and the star field sprang to bright view. In it, too, a bright star was centered, but other there seemed no relationship. He adjuste d the Lens along the Z-Axis and expand the Field to where the photometer showed both centered stars to be of equal brightness.Channis looked for a second star, sizably bright, on the visiplate and found one on the field screen to correspond. Slowly, he revolve the screen to similar angular deflection. He twisted his mouth and rejected the result with a grimace. Again he rotated and another bright star was brought into position, and a third. And then he grinned. That did it. maybe a specialist with trained relationship perception might have clicked first try, but hed settle for three.That was the adjustment. In the final step, the two palm overlapped and merged into a sea of not-quite-rightness. Most of the stars were close doubles. But the all right adjustment did not take long. The double stars melted together, one field remained, and the Ships Position could now be read directly off the dials. The entire procedure had taken less than half an hour.Channis found Han Pritcher in his secluded quarters. The general was quite apparently preparing for bed. He looked up.News?Not particularly. Well be at Tazenda in another hop.I know.I dont want to cod you if youre turning in, but have you looked through the film we picked up in Cil?Han Pritcher cast a disparaging look at the article in question, where it lay in its black case upon his low bookshelf, Yes.And what do you think?I think that if there was ever any science to History, it has been quite lost in this region of the Galaxy.Channis grinned broadly, I know what you mean. Rather barren, isnt it?Not if you enjoy personal chronicles of rulers. Probably unreachable, I should say, in both directions. Where record concerns mainly personalities, the drawings become either black or white according to the interests of the writer. I find it all remarkably useless.But there is talk about Tazenda. Thats the point I tried to make when I gave you the film. Its the only one I could find that even mentioned them.All ri ght. They have serious rulers and bad. Theyve conquered a few planets, won some battles, lost a few. There is nothing distinctive about them. I dont think much of your theory, Channis.But youve missed a few points. Didnt you notice that they never formed coalitions? They always remained completely outside the politics of this corner of the star swarm. As you say, they conquered a few planets, but then they stopped and that without any startling belabor of consequence. Its just as if they spread out enough to protect themselves, but not enough to attract attention.Very well, came the unemotional response. I have no objection to landing. At the worst a little lost time.Oh, no. At the worst complete defeat. If it is the Second Foundation. Remember it would be a world of space-knows-how-many Mules.What do you plan to do?Land on some minor subject planet. Find out as much as we can about Tazenda first, then improvise from that.All right. No objection. If you dont mind now, I would l ike the light out.Channis left with a ruffle of his hand.And in the darkness of a tiny room in an island of crusade metal lost in the vastness of space, General Han Pritcher remained awake, following the thoughts that led him through such fantastic reaches.If everything he had so painfully refractory were true and how all the facts were beginning to fit then Tazenda was the Second Foundation. There was no way out. But how? How?Could it be Tazenda? An ordinary world? cardinal without distinction? A slum lost amid the wreckage of an Empire? A splinter among the fragments? He remembered, as from a distance, the Mules shriveled face and his thin voice as he used to speak of the old Foundation psychologist, Ebling Mis, the one man who had maybe learned the secret of the Second Foundation.Pritcher recalled the tension of the Mules words It was as if astonishment had overwhelmed Mis. It was as though something about the Second Foundation had surpassed all his expectations, had driv en in a direction completely contrasting from what he might have assumed. If I could only have read his thoughts rather than his emotions. Yet the emotions were plain and above everything else was this vast surprise.Surprise was the keynote. Something supremely astonishing And now came this boy, this grinning youngster, glibly joyful about Tazenda and its peanut subnormality. And he had to be right. He had to. Otherwise, nothing made sense.Pritchers last conscious thought had a touch of grimness. That hypertracer along the Etheric tube was still there. He had checked it one hour back, with Channis well out of the way.Second interludeIt was a casual meeting in the anteroom of the Council Chamber just a few moments before passing into the Chamber to take up the business of the day and the few thoughts flashed back and forth quickly.So the Mule is on his way.Thats what I hear, too. Risky Mighty riskyNot if affairs adhere to the functions set up.The Mule is not an ordinary man and it is rocky to manipulate his chosen instruments without detection by him. The controlled minds are difficult to touch. They say hes caught on to a few cases.Yes, I dont see how that can be avoided.Uncontrolled minds are easier. But so few are in positions of authority under him-They entered the Chamber. Others of the Second Foundation followed them.