Understanding the Dual Court System

Understanding the Dual Court System A â€Å"dual court system† is a judicial structure employing two independent court systems, one operating at the local level and the other at the national level. The United States and Australia have the world’s longest-running dual court systems. Under the United States’ system of power-sharing known as â€Å"federalism,† the nation’s dual court system is composed of two separately operating systems: the federal courts and the state courts. In each case, the court systems or judicial branches operate independently from the executive and legislative branches. Why the US Has a Dual Court System Rather than evolving or â€Å"growing into† one, the United States has always had a dual court system. Even before the Constitutional Convention convened in 1787, each of the original Thirteen Colonies had its own court system loosely based on English laws and judicial practices most familiar to colonial leaders. In striving to create the system of checks and balances through separation of powers that is now arguably considered their best idea, the framers of the U.S. Constitution sought to create a judicial branch that would have no more power than either the executive or legislative branches. To achieve this balance, the framers limited the jurisdiction or power of the federal courts, while maintaining the integrity of the state and local courts. Jurisdiction of Federal Courts A court system’s â€Å"jurisdiction† describes the types of cases it is constitutionally allowed to consider. In general, the federal courts’ jurisdiction includes cases dealing in some way with federal laws enacted by Congress and interpretation and application of the U.S. Constitution. The federal courts also deal with cases whose outcomes may impact multiple states, involve interstate crime and major crimes like human trafficking, drug smuggling, or counterfeiting. Also, the â€Å"original jurisdiction† of the U.S. Supreme Court allows the Court to settle cases involving disputes between states, disputes between foreign countries or foreign citizens and U.S. states or citizens. While the federal judicial branch operates separately from the executive and legislative branches, it must often work with them when required by the Constitution. Congress passes federal laws which must be signed by the President of the United States. The federal courts determine the constitutionality of federal laws and resolve disputes over how federal laws are enforced. However, the federal courts depend on the executive branch agencies to enforce their decisions. Jurisdiction of the State Courts The state courts deal with cases not falling under the jurisdiction of the federal courts- for example, cases involving family law (divorce, child custody, etc.), contract law, probate disputes, lawsuits involving parties located in the same state, as well as almost all violations of state and local laws. As implemented in the United States, the dual federal/state court systems give the state and local courts leeway to â€Å"individualize† their procedures, legal interpretations, and decisions to best fit the needs of the communities they serve. For example, large cities may need to reduce murders and gang violence, while small rural towns may need to deal with theft, burglary, and minor drug violations. About 90% of all cases dealt with in the U.S. court system are heard in the state courts. Operational Structure of the Federal Court System The US Supreme Court As created by Article III of the U.S. Constitution, the U.S. Supreme Court stands as the highest court in the United States. The Constitution merely created the Supreme Court, while assigning the task of passing federal laws and creating a system of lower federal courts. Congress has responded over the years to create the current federal court system made up of 13 courts of appeals and 94 district level trial courts sitting below the Supreme Court. Federal Courts of Appeals The U.S. Courts of Appeals is made up of 13 appellate courts located within the 94 federal judicial districts. The appeals courts decide whether or not federal laws were correctly interpreted and applied by the district trial courts under them. Each appeals court has three presidentially-appointed judges, and no juries are used. Disputed decisions of the appeals courts can be appealed to the U.S. Supreme Court. Federal Bankruptcy Appellate Panels Operating in five of the 12 regional federal judicial circuits, the Bankruptcy Appellate Panels (BAPs) are 3-judge panels authorized to hear appeals to decisions of bankruptcy courts BAPs are currently located in the First, Sixth, Eighth, Ninth, and Tenth Circuits. Federal District Trial Courts The 94 district trial courts making up the system of U.S. District Courts do what most people think courts do. They call juries that weigh evidence, testimony, and arguments, and apply legal principles to decide who is right and who is wrong. Each district trial court has one presidentially-appointed district judge. The district judge is assisted in preparing cases for trial by one or more magistrate judge, who may also conduct trials in misdemeanor cases. Each state and the District of Columbia have at least one federal district court, with a U.S. bankruptcy court operating under it. The U.S. territories of Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands each have a federal district court and a bankruptcy court. Purpose of the Bankruptcy Courts The federal bankruptcy courts have exclusive jurisdiction to hear cases involving business, personal, and farm bankruptcy. The bankruptcy process allows individuals or business that cannot pay their debts to seek a court-supervised program to either liquidate their remaining assets or reorganize their operations as needed to pay off all or part of their debt. The state courts are not allowed to hear bankruptcy cases. Special Federal Courts The federal court system also has two special-purpose trial courts: The U.S. Court of International Trade deals with cases involving U.S. customs laws and international trade disputes. The U.S. Court of Federal Claims decides claims for monetary damages filed against the U.S. government. Military Courts Military courts are completely independently from state and federal courts and operate by their own rules of procedure and applicable laws as detailed in the Uniform Code of Military Justice. Structure of the State Court System While more limited in scope the basic structure and function of the state court system closely resembling that of the federal court system. State Supreme Courts Each state has a State Supreme Court which reviews the decisions of the state trial and appeals courts for compliance with the state’s laws and constitution. Not all states call their highest court the â€Å"Supreme Court.† For example, New York calls its highest court the New York Court of Appeals. Decisions of the State Supreme Courts can be appealed directly to the U.S. Supreme Court under the Supreme Court’s â€Å"original jurisdiction.† State Courts of Appeals Each state maintains a system of localized appeals courts that hear appeals from the decisions of the state trial courts. State Circuit Courts Each state also maintains geographically dispersed circuit courts that hear civil and criminal cases. Most state judicial circuits also have special courts that hear cases involving family and juvenile law. Municipal Courts Finally, most charted cities and towns in each state maintain municipal courts that hear cases involving violations of city ordinances, traffic violations, parking violations, and other misdemeanors. Some municipal courts also have limited jurisdiction to hear civil cases involving things like unpaid utility bills and local taxes.

Exercise in Identifying Sentences by Structure

Exercise in Identifying Sentences by Structure In terms of structure, sentences can be classified in four ways: Simple: one independent clauseCompound: at least two independent clausesComplex: an independent clause and at least one dependent clauseCompound-complex: two or more independent clauses and at least one dependent clause This exercise will give you practice in identifying these four sentence structures. Instructions The sentences in this exercise have been adapted from poems in two books by Shel Silverstein: Where the Sidewalk Ends and Falling Up. Identify each of the following sentences as simple, compound, complex, or compound-complex. When youre done, compare your responses to the correct answers listed below. The name of the poem from which the example is taken is listed in parentheses after each sentence. I made an airplane out of stone. (Stone Airplane)I put a piece of cantaloupe underneath the microscope. (Nope)Oaties stay oaty, and Wheat Chex stay floaty, and nothing can take the puff out of Puffed Rice. (Cereal)While fishing in the blue lagoon, I caught a lovely silverfish. (The Silver Fish)They say if you step on a crack, you will break your mothers back. (Sidewalking)They just had a contest for scariest mask, and I was the wild and daring one who won the contest for scariest mask- and (sob) Im not even wearing one. (Best Mask?)My voice was raspy, rough, and cracked. (Little Hoarse)I opened my eyes and looked up at the rain, and it dripped in my head and flowed into my brain. (Rain)They say that once in Zanzibar a boy stuck out his tongue so far that it reached the heavens and touched a star, which burned him rather badly. (The Tongue Sticker-Outer)Im going to Camp Wonderful beside Lake Paradise across from Blissful Mountain in the Valley of the Nice. (Camp Wonderful) I joke with the bats and have intimate chats with the cooties who crawl through my hair (The Dirtiest Man in the World)The animals snarled and screeched and growled and whinnied and whimpered and hooted and howled and gobbled up the whole ice cream stand. (Ice Cream Stop)The antlers of a standing moose, as everybody knows, are just the perfect place to hang your wet and drippy clothes. (A Use for a Moose)Well walk with a walk that is measured and slow, and well go where the chalk-white arrows go. (Where the Sidewalk Ends)If I had a brontosaurus, I would name him Horace or Morris. (If I Had a Brontosaurus)I am writing these poems from inside a lion, and its rather dark in here. (Its Dark in Here)A piece of sky broke off and fell through the crack in the ceiling right into my soup. (Sky Seasoning)The grungy, grumpy, grouchy Giant grew tired of his frowny pout and hired me and Lee to lift the corners of his crumblin mouth. (The Smile Makers)If you were only one inch tall, youd ride a wo rm to school. (One Inch Tall) The traffic light simply would not turn green, so the people stopped to wait as the traffic rolled and the wind blew cold, and the hour grew dark and late. (Traffic Light) Answers simplesimplecompoundcomplexcomplexcompound-complexsimplecompoundcomplexsimplecomplexsimplecomplexcompound-complexcomplexcompoundsimplesimplecomplexcompound-complex

Change Management or Change Leadership Which is more important Discuss Essay

Change Management or Change Leadership Which is more important Discuss - Essay Example This paper will particularly examine the two terms ‘change management’ and ‘change leadership’ and suggest which is more important in today’s highly competitive business environment. Change management Vs change leadership John Kotter (2011), the chief innovation officer of the Kotter International, has deeply researched into the difference between change management and change leadership. The author strongly says that these two terms are not interchangeable under any circumstance. According to Kotter, change management â€Å"refers to a set of basic tools or structures intended to keep any change effort under control† whereas the change leadership â€Å"concerns the driving forces, visions and processes that fuel large-scale transformation† (Kotter 2011). The major goal of the change management is to reduce the distractions and effects of the change maximum while the main objective of change leadership is to identify and promote various c hange driving factors that would fuel the planned change. Change management encompasses areas like planning, organising, and project management (Davis 2012). Change leadership tries to communicate the vision and the nature of the change process (ibid). Active participation of staff and other stakeholders is necessary to make the change leadership effective. ... Similarly, effective employee involvement is necessary to ensure greater commitment and support from their part.. Definition, explanation, and progression are crucial prerequisites to a successful change management program (ibid, pp. 209-210). It is identified that change management is a loosely defined term and hence different authors present different views to address this concept. Under the change management process, a range of ideas from areas like business, engineering, and psychology are applied to achieve desired outcomes (Hiatt & Creasey 2003, p. 11). In today’s business environment, many organisations fail to adapt to various changes properly because of various reasons. Change leadership is a primary solution to make the change management effective and to adapt to different organisational changes quickly and efficiently (Daft 2008, p. 454). Leaders have an inevitable role to play in promoting the change because they are the persons responsible for providing motivation and communication essential to keep the change efforts in the apt track; hence, strong and proactive leadership is a major factor determining the success of the change (ibid). A better change management model itself would not guarantee a successful change; instead, better supervision of the change management programme by an efficient and committed leader is vital to achieve expected goals (Orridge 2009, p.19). It is clear that a leader often needs to go beyond written check lists and fundamental operational models to understand his/her followers and their concerns and the feelings of the change. Therefore, under any circumstance, change leadership is the key to get the

Critique a TV or radio commercial, an Internet advertisement, or a Essay

Critique a TV or radio commercial, an Internet advertisement, or a print for Gastroesphageal (Gerd) use Nexium for the medication - Essay Example This disease is affecting more and more individuals each day, including very young children. This paper investigates two kinds of treatment for GERD, one is FDA-approved and the other is not. Looking at their advertisements and reports of use online, the paper determines which treatment is better for patients with GERD. GERD is becoming more and more common nowadays and what was once thought as a simple nuisance related to eating has now been recognized as a disease (Maranto, 2001). GERD is characterized by acid reflux coming from the stomach and reaching the esophagus, causing the patient to vomit, feel uneasy, suffer from chronic cough, laryngitis, abdominal pain, dysphagia, anemia, weight loss, or even asthma. There are some cases where the patient even experienced heartburn (FDA, 2008), making the symptoms quite vague to determine. Some experience reflux after eating a large meal or enjoying their favourite dish. This led to the belief that GERD is triggered by some food ingredients. Still others thought the disease is caused by overeating, thus they watched their diet but still experienced the same problem. Although the main cause of GERD was not yet revealed, experts have made different solutions to remedy the problem. On the conservative side, people were asked to watch their diet, eat nutritious food, and avoid stress. However, others were prescribed to undergo surgery, which did not help as patients experienced more problems later on, including cancer of the esophagus (Tygat, 2002). Experts have yielded to the belief that surgery is least required; therefore resorting to medical treatments. The two treatments investigated in the paper are Nexium and Betaine Hydrocloride (Hcl) with Pepsin. Approved for drug use by the FDA for the treatment of GERD including young children age 1-11 years (â€Å"Nexium†, 2008), Nexium is composed of esomeprazole magnesium in liquid and capsule form. It is manufactured by

Starbucks Corporation Essay Example for Free

Starbucks Corporation Essay Starbucks founded in 1987 as a modest nine-store operation in Seattle, Washington and quickly became the premier roaster and retailer of specialty coffees in the world with over 17,400 store locations in more than 55 countries (Thompson, Peteraf, Gamble, Strickland, 2014). The company first got its start in 1971 when three academics all decided upon opening a coffee store in touristy Pikes Place Market in Seattle. The three academics; Jerry Baldwin an English teacher, Zev Siegel a History teacher and Gordon Bowker a writer were all coffee aficionados (Thompson, Peteraf, Gamble, Strickland, 2014). They all enjoyed, love and shared a passion for fine coffees and exotic teas as they believed they could build a clientele in Seattle that would appreciate the best coffees and teas. The case tells us that the store was an immediate success, with sales exceeding expectations. The company ordered its coffee bean supplies from a specialty coffee retailer in Berkeley, California but towards the end of the year the partners purchased a used roaster from Holland, set up roasting operations in a nearby ramshackle building, and came up with their own blends and flavors (Thompson, Peteraf, Gamble, Strickland, 2014). The case tells us that by 1980s the company had four Starbucks stores in the Seattle area and had been profitable every year since opening its doors. A few decades on, April 2012, annual sales were expected to exceed $13 billion in that fiscal year (Thompson, Peteraf, Gamble, Strickland, 2014). Howard Schultz who was vice president and general manager of U.S operations for a Swedish marker of stylish kitchen equipment and coffeemakers, decided to pay Starbucks a visit (Thompson, Peteraf, Gamble, Strickland, 2014).  The case tells us that he was awed by the violinist playing at the door, the powerful and pleasing aroma of coffees, and the wall displaying coffee beans. After just three sips of the brew, Schultz was hooked and he began talking to the owner and was intrigued by the business philosophy of the partners. After tough negotiations, Schultz was finally hired as head of marketing and oversing retail stores. Schultz was overflowed with ideas for the company and how to move the company forward (Thompson, Peteraf, Gamble, Strickland, 2014). A trip to Milan Italy allowed him to explore coffee bars and learned an immense deal about the Italian passion for coffee. The trip showed him the potential of Starbucks as he then approached the owners hopefully of improving the company. The owners reject Schultz ideas as they felt it would put the core values of the companies in shadows however they did allow him to test an espresso bar which became a huge success. At the time the owners did not share similar view with Schultz so he decided to leave to start his own coffee and espresso bar named II Giornale Coffee Company. This venture became a huge success and expansion across the United State happened immediately. After much success Schultz went back and acquired Starbucks and had numerous improvement plans for the coffee company. The first of the improvement strategy was going public, followed by making Starbucks a third place where customers could enjoy coffee, surf the internet, read, or catch up with friends (Thompson, Peteraf, Gamble, Strickland, 2014). Another Strategy was to make Starbucks a great place to work. This strategy in my opinion was one of the key strategies in the turnaround of the company. After years of success, Schultz relinquished his role as CEO and retained his position as chairmen of the companys board of directors and assumed the role of chief strategic officer. The sharp economic downturn in late 2008 and early 2009 that affected much of the worlds economy hit the coffee company hard. The company began experiencing slow customer traffic and a decline in stock prices, Schultz was asked to return to his role as CEO and lead a radical restricting and revitalization initiative. This case study focuses on Starbucks, with respect to human capital and resources in the pursuit of strategy  implementation. There will be an analysis of how effectively the company implemented its turnaround strategy and how effectively Starbucks utilized human capital to implement its strategy. In conclusion of this paper, there will be recommendations for effectiveness in future implementations at Starbucks. Implementation of Starbuck’s Turnaround Strategy The return of Schultz saw him focus on three different themes; strengthen the core, elevate the experience and lastly, invest and grow. The implementation included various strategies which involved; slowing the pace of opening new stores, closing underperforming stores, restructuring the companys store operations in Australia, creating new designs for future Starbucks stores globally, enhancing the customer experience, providing additional resources and tools for employees, undertaking a rigorous cost-containment program, and renewing attention to employee training and reigniting enthusiasm on the part of employees to customer. The case tells us that 800 underperforming stores in the United States and 100 additional stores in other countries were closed. The company even trimmed its workforce by about 6,700 employees. From further analysis it was clear to see that Schultzs investment in growth played a huge part in the turnaround. The company implemented this strategy by choosing to open new stores in Asia with Japan and China being the primary destinations (Starbucks Corporation, 2012). Japan became the biggest foreign market while China was seen as the most significant growth opportunity (Starbucks Corporation, 2012). With the implementation process in action, the company was on the path to profitability once again and long term growth. In 2010 Sales at Starbucks operated stores worldwide improved in the most recent five quarters, customer traffic increased by 3% in United States, net revenues increased by 8.6% and net income increased from $25 million in 2009 to $217.3 million in 2010 (Thompson, Peteraf, Gamble, Strickland, 2014). Utilizing Human Capital at Starbucks In any business the concept of human capital can be interpreted in many ways. One of them could be looking at the person or employees as an asset; as a resource that belongs to the company and from which they can demand all  its capacity and commitment (Marimuthu Arokiasamy, 2009). In this case it is without a doubt clearly evident that Starbucks greatest asset was Howard Schultz and through him the employees. Schultz was able to make the company profitable on a few different occasions which the case explains thoroughly. Schultz understood the concept of what coffee means to coffee drinkers. A trip to Italy where he saw how passionate Italians were when it came to coffee shops made him understand that the success of any coffee shop depended heavily on customers experience. With this in mind, he made sure that part of the companys values was to ensure every employee is well educated and knowledgeable about the companys products. They employees paid close attention to detail when preparing espresso drinks, eagerly communicated the companys passion for coffee, possessed the skills and personality to deliver consistent and outstanding customer service. The employees within the company all received at least 24 hours training on topics like coffee history, drink preparation, coffee knowledge, customer service, retail skills, and Brewing the perfect cup workshop to better prepare them for their day to day task. He was able to utilize the employees further by rewarding employees in a manner that would make them want to work for the company and generate a level of enthusiastic commitment and high levels of customer service which he felt was key to the turnaround strategy. He created a highly motivated workforce and emphasized the fact that employees can put their trust on the management team. The case gives many examples of why winning employee loyalty and commitment to the companys mission would retain employees. In one situation, he heard an employee requested to extend health insurance benefits to part-time employees which were turned down by pervious management team. He personally proposed to the board that a reduction in turnover would reduce the cost of hiring and training, the plan was then approved and part-time employees were offered health insurance. Schultzs next plan was to pursue a stock option plan for employees as he believed that it would have a positive, long-term effect on the success of Starbucks (Starbucks, 2012). The idea behind this was turning employees into partners invested in companys performance. The employees were offered stock options awards based on the success and profitability of the financial year, and the size of the employees base for the purchase of  stock through regular payroll deductions (Starbucks, 2012). He ultimately had a clear understanding that happy employees provide exceptional customer service to customers which in turn gains customer loyalty and brings in revenue. Recommendation Based on the brief analysis which was carried out on this case study it was somewhat easy to come up with recommendations which Starbucks may wish to consider for future implementation effectiveness. The companys growth strategy and objects have proven to be a huge success. I am a big believer in if it is not broken do not fix it. However with that said no matter how good a strategy may be it can always be improved upon. The company should continue to focus on customer satisfaction and ensuring customers have a positive store experience. This is what has given the company so much success over the years so a suggestion will be to build on this strategy. The company could survey customers to gain a better understanding of how they can improve customer experience within the various stores (Marks, 2014). Starbucks could even go deeper with their products by having a customer data base that allows consumers to quickly get their daily coffee once in a Starbucks. This data base can be something whereby once a customer gives their phone number a list of previous coffee which they have bought would appear to the employee (Marks, 2014). I believe this will speed up the process for some customers who would like a Starbucks but do not want to wait for it. Another recommendation will be for Starbucks to create a mega store in some big cities (Koehn, n.d). This mega store can geared towards strictly customer experience and educating customers where their coffee is from, showing how it is made and even amusement centers where customers and children can interact. This recommendation may seem unrealistic however I feel in order to maintain a competitive advantage a company must continue to think outside the box and beyond what their competitors are doing. References Koehn. N (n.d) Whats next for Starbucks. Retrieved from http://www.businessweek.com/videos/2013-04-25/what-s-next-for-starbucks Marimuthu, M. Arokiasamy, L (2009). Human capital development and its impact on firm performance. Retrieve from

To Kill A Mockingbird: Innocence Essay -- essays research papers

While examining the term, "the end of innocence", Scout’s viewpoint on Boo throughout the novel can be an indication of Scout’s own "end of innocence." Scout opens the novel with a naive viewpoint on both the world and Boo Radley. At the start of the novel, Scout interprets a raiding on the jail, through an adolescent standpoint. Scout sees the circumstances of the attack from the perspective of a young child. Scout’s responses to situations, such as the one at the jail, attributes to the fact that she is young, and has few life experiences under her belt. Scout plays ludicrous games with Boo and her detachment towards reality shows the immense childishness she possesses. Boo Radley is a fictional person to Scout and her friends. Scout treats Boo like a figment of her imagination, which signifies her naà ¯vetà ©. Scout starts the novel with a false association between fantasy and reality. Scout’s maturation commences when she views the injustice of Maycomb’s court system. After a jury fails to set Tom Robinson free, Scout fully understands the mechanics of prejudice when she declares, "Tom was a dead man the minute Mayella Ewell opened her mouth and screamed." Scout has never met more trouble than the trouble that occurs between children‘s own social circles. After Tom Robinson is convicted, she fully comprehends racial prejudice, and begins to understand the entire situation. Following the trail, she says, "The...

How do the opening chapters serve as an affective introduction to the rest of the novel?

The opening chapters of Wuthering Heights help give us an insight to the rest of the novel. We are able to start to think about foreshadowing events that might occur during the rest of the novel such as love and anger. The opening chapters are the most important in any novel or story, this is because they often help to set the scene, they introduce us to the main characters and give us a little insight in to what might happen during the rest of the novel. The beginning chapters of Wuthering Heights are like any other novel in terms of introducing to us the setting, characters and foreshadowing main themes. Emily Bronte lets us explore the settings around Wuthering Heights, which enables her to set the scene and enables us to visualise it more clearly. She has cleverly chosen a secluded place to home her characters on as it is a remote and desolate place and therefore the characters are thrust upon each other as they have no where else to go in the months of the snow. We do not explore a variety of settings during the novel, as she has restricted the places in which she explores, this means we get to know very little about the outside world and it enables the reader to see exactly how restricted and secluded the area actually is. By keeping the settings to a minimal it adds to the feeling of intensity. Thrush cross grange and Penistant Crag are the only settings explored in Wuthering Heights. The settings may seem irrelevant to a reader at first, but as the novel progresses they play an important part as they reflect the character personalities especially the linkage with Heathcliff and Wuthering Heights. An example of a linkage between the two is that they both lack positive welcoming vibes. This is shown in the house by ‘no signs of roasting, boiling, or baking, about the huge fireplace'. This can give us the impression that the house is not a very homely place and we also get a hunch from the quotes ‘Straggeling gooseberry bushes' and ‘bleak hill top' ‘black frost' ‘made me shiver through every limb' that even the scenery does not seem welcoming. This is as the gooseberry bushes represent thorns trying to warn away any sort of visitors for example Lockwood. The atmospheric scenery is also not a friendly, pleasant, warm and welcoming but a dark, rough, miserable atmosphere. Similarly this is shown in Heathcliff by ‘I don't keep accommodation for visitors' this gives us the impression that he is not welcoming to guests and that he does not attempt to make any effort. Another example of inhospitality from Heathcliff's side is ‘†¦ ould you spare me one? ‘ ‘No I could not. ‘ This shows how unwelcoming Heathcliff is and how his character can relate to the settings. This is a very clever way to introduce Heathcliff and the house to us because indirectly Bronte has given us many similarities between the two, and if we did not know that he was the owner we would be able to automatically assume that he was as quotes such as ‘Black eyes withdrawn so suspiciously under their brows' which is descri bing Heathcliff. Contradicting with' heavy black ones lurking in the shade' which is describing the house contemplate with each other. We also see that there is a distinctive contrast between Wuthering heights and Thrush cross Grange Wuthering heights is a dull, boring place where no fun or leisure takes place whilst Thrush cross grange is full of laughter, music and dancing this is also reflected into the people living at these houses because the Earnshaws who live at Wuthering heights are strong, willed and dark and the Linton's at thrush cross grange are clam, gentle and kind. In chapter one we get the impression that later on in the novel Heathcliff may have a connection with the theme on violence and anger this is because of the objects in the house which are described ‘villainous old guns, and a couple of horse pistols'. This tells us that some one who possesses such items may be a fierce person or the opposite so a coward, but judging from the tone and the manner that Heathcliff's character portrays to us in the beginning chapters it is more likely that he is going to be a fierce character and the guns may show a sign of control or power within the character himself. Uttered so savagely' †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ ‘The tone†¦. revealed such a bad nature'. Bronte has also linked other events in the beginning chapters with the theme of violence such as the ghost supposedly Catherine Linton, who comes to Lockwood ‘let me in, let me in' ‘rubbed it to and fro till blood ran down' these quotes tell us that the novel defiantly contains more images and expanded themes on violence which could lead to a dramatic ending. The theme of brutality and violence is dwelled upon even further as the novel prolongs. The incident with the dogs and Lockwood is an example of violence ‘broke in a fury and jumped on my knees' and the incident with Heathcliff and Cathy ‘clenched his fist with every appearance of a meditated assault. ‘ We are able to get an idea into what themes may be used in this novel and at the same time we are able to find out more about the character by their actions taken. Heathcliff is not the only character that is introduced to us in the beginning chapters, but we are also introduced to Lockwood. We are introduced to Lockwood as the narrator, but Bronte has cleverly disguised it is him speaking until the middle of the page. This could be because she wants us to get an impression that Lockwood is going to be a character who is never a part of things ‘ I began to feel unmistakably out of place', but always in the lives of others. We also learn that Lockwood is a bit waffled he likes to speak a lot of nonsense and puts his foot in it at times ‘a beautiful animal' ‘unlikely a pile of dead rabbits' this could mean that Lockwood is going to be someone who can never be taken seriously and we are forced to make our own judgments on things as he can not be trusted so say or think right. Lockwood is a significant character as we get to learn about Catherine through him we learn that Catherine is going to play a major part in the novel too, as she is introduced into the novel not as an actual person, but as a ghost, a spirit. This again can be linked back to the theme of death, violence and haunting. The way that Catherine is introduced to us makes us speculate on why she is coming to haunt the place and especially why to Lockwood as we already know that she is or was a real character when Lockwood finds her diary ‘ took a form of a regular diary'. When Catherine is introduced Bronte refers to negative cold descriptions such as ‘icy cold hand' and ‘shiverlingly'. These images could relate to Catherine's character and it could resemble her. Again, Bronte may want to indirectly inform us of what her character is likely to be and from these descriptions it tells us that Catherine is going to be a cold hearted character and someone who does not care about anyone else apart from herself. ‘Though everybody hated and despised each other, they could not avoid loving me' this tells us how self-centered Catherine may be. The introduction to Catherine was an effective and interesting way as it enables Bronte to make the readers imaginations run wild and it keeps them reading on as they want to find out why Catherine is now a ghost and why she has come back to haunt the house. During the opening few chapters we are also introduced to another character who is Hareton. We do not learn a great deal about Hareton in the opening few chapters, but we are introduced to his appearance ‘thick brown curls were rough and uncultivated' ‘hands were embrowned' Hareton's presence in the beginning chapters is vital as it creates a relationship triangle with himself, Heathcliff and Catherine and we are soon very confused with Lockwood to how each of them are related to one and other. You're amiable lady' ‘my amiable lady! ‘ ‘Not my son assuredly'. Emily Bronte has purposely added Hareton to show the first signs of confusion among characters and this confusing relationship triangle is carried on throughout the novel such as the love triangle between Edgar Linton, Catherine Earnshaw and Heathcliff where both men loved one woman and she was torn between wealth. We are also faced with many clues into foreshadowing future events that might develop as the novel progresses. The ideas are hidden and the reader will only be able to find them if they take the events further and think about what the symbolism may be in the rest of the novel. We touch upon the theme of love and passion in the first few chapters we see signs that the novel is going to be based on love ‘come in' ‘oh do once more my hearts darling' the way that Bronte has written this part feels so passionate that we instantly get the feeling that a big part of the novel will contain feelings of love, but we also know that it will not be so straight forward there will be complications. We can tell this from the connection with the ghost, the ghost represents something from the dead and it makes the reader feel at unease and have a sensation of something not being true or right this can be portrayed in the novel such as Heathcliffs and Catherine love at the beginning, but Catherine soon become tied with Edgar and ends up marring him or Heathcliff's and Isabella's marriage, Heathcliff only married her so he can get back at Edgar but Isabella's intentions were true. All these are signs of love existing in one place or another but it is problematic twist somewhere in-between that love, such as death, separation, jealousy, cruelty or neglect. I have already mentioned before the fact that violence and brutality will also be linked into the rest of the novel and the clues that we are given for that are the guns and the way that Heathcliff seems to snap and his actions at times reflects anger with in him. Heathcliff lifted his hand' ‘speaker sprang to a distance'. We can also link the theme of violence with Heathcliff and Hindley. Bronte has made sure that she has informed us of a conflict that went on between two of the characters, and after reading about this it enables us to predict that as the novel develops the conflict between Hindely and Heathcliff will continue until one will win. ‘†¦ Heathcliff went to loose the beat'†¦ Hindely knocked him to his feet' this shows how we see violence and conflict between the two characters at an early stage in the novel. These are really the main themes that Bronte has introduced us to as she has given us quite a lot of information in the opening chapters to make us carry on reading to find out what happens she has provided us with little bits of the story on what happens so that we get a taste to what are the main ideas that will be explored through the novel. The language in the novel changes in the opening few chapters as Bronte approaches the flash back, there is a contrast between the way that Bronte presents Lockwood, and the way he speaks and the way that Nelly dean speaks. Emily Bronte has used a contrast in characters as narrators so that we as the reader can now be more certain that Lockwood's views are unreliable ‘it's swarming with ghost and goblins'. His views can not be taken seriously as we could say did he really see a ghost? This is because we get an account that he was dreaming before so the ghost could also been apart of his dream. Bronte makes Nelly Dean speak she gets straight to the point, on the other hand Lockwood's character would take the space of fifty words to mean one thing for example take these two quotes ‘one fine summer morning' compared with ‘the first feathery flakes of the snow shower'. Emily Bronte shows a distinctive difference in the two characters, this is a technique that she has used so that is forces us to believe everything that Nelly Dean will say in the flash back as she is the only character who was present all throughout the time when the conflicts, deaths, fights and marriages took place between the two families the Earnshaws and the Linton's therefore we have only one side of the story to believe and Emily Bronte has made Nelly Dean convincing enough for us to believe her. As we read further into the novel we are faced with a letter from Isabella ‘ I got a long letter', Emily Bronte's idea to add a letter was very effective as we are able to get another narrator in the novel. This provides us with more information into what Wuthering heights is like ‘An untidy, dingy hole' and what life with Heathcliff is like ‘promised me that I should be Edgar's proxy in suffering'. After re-reading the first few chapters of Wuthering heights I realised that the beginning chapters served as an affective introduction to the rest of the novel. This is because Emily Bronte has indirectly given us information towards forth-coming themes and she has given information into some of the main characters which will appear in the novel. She has also given a clue about the atmospheric settings and where the characters are homed. I think that the main reason to why Emily Bronte may have written a novel like this one is due to the social and historical influences she came across during the 1800. Emily Bronte grew up in a very isolated place herself so there are personal references reflected in the novel such as the emphasis on the intensity of the settings. Also as Emily Bronte lived in a very isolated place she was not touched directly by the industrial revolution this is probably why she did not base her novel on relevant social issues such as authors like Charles Dickens and Jane Austin who did. I also think that the period of time that she wrote this novel in has reflected in some of her characters. In the 1800 women were seen as being ‘degraded to their husbands', I think that this has affected the way that Bronte has written the novel as she has made the women in this novel to not obey and do what ever their husbands say, but to have a mind of their own like Catherine. Later on in the novel we see that Catherine's character is of a strong headed and powerful woman. She has also given more importance to the women in this novel for example if you look at Nelly Dean, she is the narrator. Nelly Deans character has a very important part to play in this novel as without her present in all the events that have took place between the two families their would be no one to tell us what happened apart from Joseph. But again you can see that Bronte has made Nelly Dean a woman to tell the story and not a Joseph who is a man. So many aspects have influenced the writer Emily Bronte into creating such a novel that astonished everyone. Many people were astonished by the topics she wrote about and many were astonished at her work. Over all the first few chapters of the novel have created the base for our knowledge to expand and run wild on, Emily Bronte has made sure that she has included the most bizarre and unique events in the beginning so that it make us the reader carry on with the novel. Her technique has worked and the novel only gets better from the first chapters.

Apple Is Expanding Its Distribution Channels

Apple is Expanding its Distribution Channels Cliff Edwards of Business Week harped on conflicts with existing retailers such as CompUSA and Sears, quoting CompUSA’s Lawrence N. Mondry, who declared, â€Å"When you choose to compete with your retailers, clearly that’s not a comfortable situation. † Mondry could have been describing the experience Mac buyers had when they stepped into most CompUSA stores. It was even worse at Sears. Realizing that they were being held over a barrel by big retailers that were used to calling the shots with computer OEMs and frequently provided a horrible purchasing environment for Apple products, the company did what it had to and took control of distribution. Apple retail stores would give the company the opportunity to â€Å"leapfrog† past dependence on other retailers. Daniel T. Niles of Lehman Brothers also saw the possibilities, telling MacWorld, â€Å"Apple has the ability to start attracting new customers with the launch of their higher-end retail store strategy. You can’t mention the surge in Mac sales without touching on the â€Å"Halo Effect† of the iPod. Apple made the iTunes/iPod combination available for Windows users. That move created several new distribution opportunities for Apple. First, it gave Windows users the opportunity to try Apple products without having to take the frightening plunge into the world of Macintosh. Apple finally had ac cess to a vast pool of Windows users it had previously been unable to touch. Second, it opened up a secondary market for iPod accessories and tie-ins. Had the iPod only been available for Macintosh users, a secondary market would have developed, but it would have been much, much smaller. Apple would never have been able to strike deals with auto manufacturers, for example. The connector on the bottom of every iPod (except the shuffle) became the point of entry to an incredible array of third-party products, and as that market grew, the iPod rapidly became the de facto standard portable multimedia device. Third, it gave the iTunes Store a tremendous head start. While a digital music store is handy in itself, none of the previously-existing stores had made much of a dent in consumer behavior. They didn’t operate particularly well with Windows-based MP3 players, and they didn’t offer broad enough music libraries. Apple struck deals with all the major labels and created a store that provided an easy, addictingly-convenient interface and seamless integration with the iPod. As the universe of purchased iPods grew, so did the market for the iTunes Store. The integration of iPod and iTunes also created a gestalt effect as Apple moved beyond music. Just as the Apple retail stores bypassed middlemen, the iTunes/iPod combination created a direct link between Apple and its customers. As Apple adds more capabilities to the iTunes Store, and does the same with the iPod, the two should continue to energize each other, provided Apple rolls out the right kinds of features. In 2001 Apple Computer has been taken a decision to open a series of retail stores that would display their entire line of Apple computer products, software and peripherals. Part of the decision, Apple's declining share of the computer market. Now the company has opened over 130 stores, including in Japan, Canada and the UK. It's latest annual report states that they will continue capital expenditures for retail operations, indicating that they have a long-term strategy for opening more stores. Apple Computer Store Products Hardware: It includes, iMac, Mac Mini, iBook, Mac Book, Mac Book Pro, iPod, Apple Cinema Displays, Airport Cards, iSight, Apple accessories etc. These are purchased from the Apple Store Online or by the phone. Apple Software: It includes iLife, iWork application bundles, Mac OS X, DVD Studio Pro, FinalCut Pro, and other miscellaneous Apple software titles. Third Party Software: It is made for Mac OS X, such as productivity software, design software, utilities, games much everything new that has been released for Mac OS X. Select Third Party Accessories: In this Apple ranges starts from Apple notebooks and iPod sleeves to speakers, printers, scanners, memory upgrades, and digital cameras. In Apple Store there are two types, those are: Retail store Online store The Apple Store, Regent Street, London, UK, is part of a chain of retail stores owned and operated by Apple Inc. , dealing in computers and consumer electronics. As of April 2008, Apple has opened 209 stores, including 181 in 37 US states, 15 in the UK (14 in England, 1 in Scotland), seven in Japan, and 4 in Canada. Recently, Apple opened its first store in continental Europe, in Rome in Italy. In 2008, Apple will be opening 3 Australian stores, 1 located in Melbourne and 2 in Sydney. This store is the first Apple Store in Europe. It opened in autumn 2004 Will Apple's stainless steel architecture have to take a background to the historic buildings of other countries? In Japan, Apple uses English almost exclusively. But other countries may not embrace English, preferring to see their own language used in store signage. Apple will have to balance the cost of constructing a store, recruiting a suitable staff, and operating the store against the potential revenues, which in turns depends upon the registered Macintosh community, median income, currency trends and general retailing environment–just like at home! Apple’s centralized and extremely consumer oriented approach to mobile software distribution is revolutionary My argument is that it’s revolutionary in the same way the iPod and iTunes were revolutionary. Basically, the formula is similar to why Apple succeeded w/ the iPod and iTunes despite competition from manufacturers like Sony, ancient models for music distribution, and technology inept publishers Apple’s Solution: take the carriers out of the picture and give the developers a low cost or zero cost distribution channel Jobs began Apple's turnaround with the 2001 introduction of the iPod, which defined and then dominated the portable-music-player market—and which became central to the resuscitation of Apple's computer line. The Mac, once derided as a toy, today is the best personal computer on the planet, period. And the iPhone is the best smart phone. Nothing else comes close. As of the third quarter of 2008, Apple's iPhone was outselling the Research in MotionBlackBerry, even though the iPhone had been in the market for only 15 months. When measured by revenues, Apple has become the world's third-largest mobile-phone maker, behind Nokia and Samsung. All this is happening just as mobile devices are poised to become the most important computing platform. same or similar products. Strategic management, horizontal integration is a theory of ownership and control. It is a strategy used by a business or corporation that seeks to sell one type of product in numerous markets. To get this market coverage, several small subsidiary companies are created. Each markets the product to a different market segment or to a different geographical area. This is sometimes referred to as the horizontal integration of marketing. The horizontal integration of production is where a firm has plants in several locations producing similar products. Apple is leader on the MP3 player market. Dynamic approach: history of a firm can explain its leader position. In my example, Apple innovates with its couple iPod+iTunes and keeps the leadership since Some points of its strategy are astonishing because they look similar as Apple strategy for PC. Apple doesn't want to licence its own DRM, so if you want buy a song on internet for your iPod you have to go to the iTunesMuciStore and to listen this song directly on a MP3 player you must have an iPod (some consumers lodge a complaint against Apple). So, Apple does the same thing for its MP3 player than the computers about twenty years ago. Short term Apple wins but the market increases and we can't know how this leadership will progress and if Apple would change its strategy. The theory of games can help us to understand this choice and the risks. Installed firms are Stackelberg leader on the market, the potential entrance adapt its quantity. (Bain, J. (1968) Apple Inc. and its wholly owned subsidiaries design, manufacture, and market personal computers, portable digital music players, and mobile communication devices, and sell various related software, services, peripherals, and networking solutions. The company sells its products worldwide through its online stores, its retail stores, its direct sales force, and third-party wholesalers, resellers, and value-added resellers. In addition, it sells various third-party Macintosh, iPod, and iPhone compatible products, including application software, printers, storage devices, speakers, headphones, and various other accessories and peripherals through its online and retail stores, and digital content through the iTunes Store. The company sells its products to consumer, small and mid-sized business, education, enterprise, government, and creative customers. As of December 27, 2008, it had 251 retail stores. Apple Inc. , formerly known as Apple Computer, Inc. , was founded in 1976. The company is headquartered in Cupertino, California Company Background Apple Inc. and its wholly-owned subsidiaries (collectively â€Å"Apple† or the â€Å"Company†) design, manufacture, and market personal computers, portable digital music players, and mobile communication devices and sell a variety f related software, services, peripherals, and networking solutions. The Company sells its products worldwide through its online stores, its retail stores, its direct sales force, and third-party wholesalers, resellers, and value-added resellers. In addition, the Company sells a variety of third-party Macintosh ® (â€Å"Mac†), iPod ® and iPhoneâ„ ¢ compatible products, including application software, pri nters, storage devices, speakers, headphones, and various other accessories and peripherals through its online and retail stores, and digital content through the iTunes Store ®. The Company sells to consumer, small and mid-sized business (â€Å"SMB†), education, enterprise, government, and creative customers. The Company’s fiscal year is the 52 or 53-week period that ends on the last Saturday of September. Unless otherwise stated, all information presented in this Form 10-K is based on the Company’s fiscal calendar. Business Strategy The Company is committed to bringing the best personal computing, portable digital music and mobile communication experience to consumers, students, educators, businesses, and government agencies through its innovative hardware, software, peripherals, services, and Internet offerings. The Company’s business strategy leverages its unique ability to design and develop its own operating system, hardware, application software, and services to provide its customers new products and solutions with superior ease-of-use, seamless integration, and innovative industrial design. The Company believes continual investment in research and development is critical to the development and enhancement of innovative products and technologies. In addition to evolving its personal computers and related solutions, the Company continues to capitalize on the convergence of the personal computer, digital consumer electronics and mobile communications by creating and refining innovations, such as the iPod, iPhone, iTunes Store, and Apple TV ®. The Company desires to support a community for the development of third-party products that complement the Company’s offerings through its developer programs. The Company offers various third-party software applications and hardware accessories for Mac ® computers, iPods and iPhones through its retail and online stores, as well as software applications for the iPhone platform through its iTunes ® App Store. The Company’s strategy also includes expanding its distribution network to effectively reach more of its targeted customers and provide them with a high-quality sales and post-sales support experience. Consumer and Small and Mid-Sized Business The Company believes a high-quality buying experience with knowledgeable salespersons who can convey the value of the Company’s products and services greatly enhances its ability to attract and retain customers. The Company sells many of its products and resells certain third-party products in most of its major markets directly to consumers and businesses through its retail and online stores. The Company has also invested in programs to enhance reseller sales, including the Apple Sales Consultant Program, which places Apple employees and contractors at selected third-party reseller locations. The Company believes providing direct contact with its targeted customers is an efficient way to demonstrate the advantages of its Mac computers and other products over those of its competitors. At the end of fiscal 2008, the Company had opened a total of 247 retail stores, including 205 stores in the U. S. and a total of 42 stores internationally. The Company has typically located its stores at high-traffic locations in quality shopping malls and urban shopping districts. A goal of the Company’s retail business is to expand its installed base through sales to customers who currently do not already own the Company’s products. By operating its own stores and locating them in desirable high-traffic locations, the Company is better positioned to control the customer buying experience and attract new customers. The stores are designed to simplify and enhance the presentation and marketing of the Company’s products and related solutions. To that end, retail store configurations have evolved into various sizes in order to accommodate market-specific demands. The stores employ experienced and knowledgeable personnel who provide product advice, service, and training. The stores offer a wide selection of third-party hardware, software, and various other accessory products and peripherals selected to complement the Company’s own products. Business Organization The Company manages its business primarily on a geographic basis. The Company’s reportable operating segments consist of the Americas, Europe, Japan, and Retail. The Americas, Europe, and Japan reportable segments do not include activities related to the Retail segment. The Americas segment includes both North and South America. The Europe segment includes European countries as well as the Middle East and Africa. The Retail segment operates Apple-owned retail stores in the U. S. and in international markets. Each reportable geographic operating segment and the Retail operating segment provide similar hardware and software products and similar services. Further information regarding the Company’s operating segments may be found in Part II, The Company has signed multi-year agreements with various cellular network carriers authorizing them to distribute and provide cellular network services for iPhone 3G in over 70 countries. These agreements are generally not exclusive with a specific carrier, except in the U. S. , U. K. , France, Germany, Spain, Ireland, and certain other countries. The Company expects to ship iPhone 3G in over 70 countries by the end of calendar year 2008. Markets and Distribution The Company’s customers are primarily in the consumer, SMB, education, enterprise, government, and creative markets. The Company distributes its products through wholesalers, resellers, national and regional retailers, and cataloguers. No individual customer accounted for more than 10% of net sales in 2008, 2007, or 2006. The Company also sells many of its products and resells certain third-party products in most of its major markets directly to customers through its own sales force and retail and online stores. Significant portions of the Company’s Mac computers, iPods, iPhones, logic boards, and other assembled products are manufactured by outsourcing partners, primarily in various parts of Asia. A significant concentration of this outsourced manufacturing is currently performed by only a few of the Company’s outsourcing partners, often in single locations. Certain of these outsourcing partners are the sole-sourced suppliers of components and manufacturing outsourcing for many of the Company’s key products, including but not limited to final assembly of substantially all of the Company’s portable Mac computers, iPods, iPhones and most of the Company’s iMacs. Although the Company works closely with its outsourcing partners on manufacturing schedules, the Company’s operating results could be adversely affected if its outsourcing partners were unable to meet their production commitments. The Company’s purchase commitments typically cover its requirements for periods ranging from 30 to 150 days. Foreign and Domestic Operations and Geographic Data The U. S. represents the Company’s largest geographic marketplace. Approximately 57% of the Company’s net sales in 2008 came from sales to customers inside the U. S. Final assembly of the Company’s products is currently performed in the Company’s manufacturing facility in Ireland, and by external vendors in California, the Republic of Korea (â€Å"Korea†), the People’s Republic of China (â€Å"China†) and the Czech Republic. Currently, the supply and manufacture of many critical components is performed by sole-sourced third-party vendors in the U. S. , China, Japan, Korea, Malaysia, Philippines, Taiwan, Thailand, and Singapore. Sole-sourced third-party vendors in China perform final assembly of substantially all of the Company’s portable products, including MacBook Pro, MacBook, MacBook Air, iPods, iPhone, and most of the Company’s iMacs. Margins on sales of the Company’s products in foreign countries, and on sales of products that include components obtained from foreign suppliers, can be adversely affected by foreign currency exchange rate fluctuations and by international trade regulations, including tariffs and antidumping penalties. The Company’s operations and performance depend significantly on worldwide economic conditions Global markets for personal computers, digital music devices, mobile communication devices, and related peripherals and services are highly competitive and subject to rapid technological change. If the Company is unable to compete effectively in these markets, its financial condition and operating results could be materially adversely affected. The Company competes in global markets that are highly competitive and characterized by aggressive price cutting, with its resulting downward pressure on gross margins, frequent introduction of new products, short product life cycles, evolving industry standards, continual improvement in product price/performance characteristics, rapid adoption of technological and product advancements by competitors, and price sensitivity on the part of consumers. The Company’s ability to compete successfully depends heavily on its ability to ensure a continuing and timely introduction of new innovative products and technologies to the marketplace. The Company believes it is unique in that it designs and develops nearly the entire solution for its personal computers, consumer electronics, and mobile communication devices, including the hardware, operating system, several software applications, and related services. As a result, the Company must make significant investments in research and development and as such, the Company currently holds a significant number of patents and copyrights and has registered and/or has applied to register numerous patents, trademarks and service marks. By contrast, many of the Company’s competitors seek to compete primarily through aggressive pricing and very low cost structures. If the Company is unable to continue to develop and sell innovative new products with attractive margins or if other companies To remain competitive and stimulate customer demand, the Company must successfully manage frequent product introductions and transitions. Due to the highly volatile and competitive nature of the personal computer, consumer electronics and mobile communication industries, the Company must continually introduce new products and technologies, enhance existing products, and effectively stimulate customer demand for new and upgraded products. The success of new product introductions depends on a number of factors, including timely and successful product development, market acceptance, the Company’s ability to manage the risks associated with new products and production ramp issues, the availability of application software for new products, the effective management of purchase commitments and inventory levels in line with anticipated product demand, the availability of products in appropriate quantities and costs to meet anticipated demand, and the risk that new products may have quality or other defects in the early stages of introduction. Accordingly, the Company cannot determine in advance the ultimate effect of new product introductions and transitions on its financial condition and operating results. The Company’s success depends largely on its ability to attract and retain key personnel. Much of the Company’s future success depends on the continued service and availability of skilled personnel, including its CEO, its executive team and key employees in technical, marketing and staff positions. Experienced personnel in the technology industry are in high demand and competition for their talents is intense, especially in the Silicon Valley, where most of the Company’s key employees are located. The Company has relied on equity awards as one means for recruiting and retaining this highly skilled talent. Accounting regulations requiring the expensing of stock options have resulted in increased stock-based compensation expense, which has caused the Company to reduce the number of stock-based awards issued to employees and could negatively impact the Company’s ability to attract and retain key personnel. Additionally, significant adverse volatility in the Company’s stock price could result in a stock option’s exercise price exceeding the underlying stock’s market value or a significant deterioration in the value of restricted stock units (â€Å"RSUs†) granted, thus lessening the The Company’s business is subject to the risks of international operations. The Company derives a large and growing portion of its revenue and earnings from its international operations. As a result, its financial condition and operating results could be significantly affected by risks associated with international activities, including economic and labor conditions, political instability, tax laws (including U. S. taxes on foreign subsidiaries), and changes in the value of the U. S. dollar versus local currencies. Margins on sales of the Company’s products in foreign countries, and on sales of products that include components obtained from foreign suppliers, could be materially adversely affected by foreign currency exchange rate fluctuations and by international trade regulations, including tariffs and antidumping penalties. The Company’s primary exposure to movements in foreign currency exchange rates relate to non-U. S. dollar denominated sales in Europe, Japan, Australia, Canada, and certain parts of Asia, as well as non-U. S. dollar denominated operating expenses incurred throughout the world. Weakening of foreign currencies relative to the U. S. dollar will adversely affect the U. S. dollar value of the Company’s foreign currency-denominated sales and earnings, and generally will lead the Company to raise international pricing, potentially reducing demand for the Company’s products. In some circumstances, due to competition or other reasons, the Company may decide not to raise local prices to the full extent of the dollar’s strengthening, or at all, which would adversely affect the U. S. dollar value of the Company’s foreign currency denominated sales and earnings. Conversely, a strengthening of foreign currencies, while generally beneficial to the Company’s foreign currency-denominated sales and earnings, could cause the Company to reduce international pricing, thereby limiting the benefit. As strengthening of foreign currencies may also increase the Company’s cost of product components denominated in those currencies. The Company has used derivative instruments, such as foreign exchange forward and option positions, to hedge certain exposures to fluctuations in foreign currency exchange rates. The use of such hedging activities may not offset any or more than a portion of the adverse financial effects of unfavorable movements in foreign exchange rates over the limited time the hedges are in place. The Company’s retail business has required and will continue to require a substantial investment and commitment of resources and is subject to numerous risks and uncertainties. Through September 27, 2008, the Company had opened 247 retail stores. The Company’s retail stores have required substantial fixed investment in equipment and leasehold improvements, information systems, inventory, and personnel. The Company also has entered into substantial operating lease commitments for retail space with terms ranging from 5 to 20 years, the majority of which are for 10 years. Certain stores have been designed and built to serve as high-profile venues to promote brand awareness and serve as vehicles for corporate sales and marketing activities. Because of their unique design elements, locations and size, these stores require substantially more investment than the Company’s more typical retail stores. Due to the high fixed cost structure associated with the Retail segment, a decline in sales or the closure or poor performance of individual or multiple stores could result in significant lease termination costs, write-offs of equipment and leasehold improvements, and severance costs that could have a material adverse effect on the Company’s financial condition and operating results. The Company’s headquarters are located in Cupertino, California. The Company has a manufacturing facility in Cork, Ireland. As of September 27, 2008, the Company leased approximately 4. 2 million square feet of space, primarily in the U. S. and to a lesser extent, in Europe, Japan, Canada, and the Asia Pacific region. The major facility leases are generally for terms of 3 to 20 years and generally provide renewal options for terms of 1 to 5 additional years. Leased space includes approximately 1. 8 million square feet of retail space, a majority of which is in the U. S. Lease terms for reta il space range from 5 to 20 years, the majority of which are for 10 years, and often contain multi-year renewal options. As of September 27, 2008, the Company owned a 367,000 square-foot manufacturing facility in Cork, Ireland that also housed a customer support call center. The Company also owned 805,000 square feet of facilities in Sacramento, California that include warehousing and distribution operations, as well as a customer support call center. In addition, the Company owned approximately 2. 3 million square feet of facilities for research and development and corporate functions in Cupertino, California, including approximately 1. 0 million square feet purchased in 2007 and 2006 for the future development of the Company’s second corporate campus in Cupertino, California, and approximately 107,000 square feet for a data center in Newark, California. Outside the U. S. , the Company owned additional facilities totaling approximately 129,000 square feet as of September 27, 2008. The Company believes its existing facilities and equipment are well maintained and in good operating condition. The Company has invested in internal capacity and strategic relationships with outside manufacturing vendors, and therefore believes it has adequate manufacturing capacity for the foreseeable future. The Company continues to make investments in capital equipment as needed to meet anticipated demand for its products. Globalization, Technology, and E-business are all major factors influencing today's business world. They influence many of our business related decisions on a daily basis. Some of these decisions could be deciding to use a computer to order a new desk from Singapore or using your cell phone to make a conference call in India. Even Apple's management functions are not immune to these critical factors. Apple began selling personal computers produced in the garage of one of the founders in 1976. They were incorporated in 1977. Apple's first important product, the Apple II, personal computer was released in 1977 and by 1982 sales had increased to over $750 million. (Kimmel, 1998). It was clear that globalization played a big part in this success. Globalization is becoming a must have for large organizations to excel above their competition. With that being said globalization has been influential to Apple's revenue. According to Apple, their â€Å"international sales accounted for 43 percent of the quarter's revenue† (Dowling, 2005), this is continuing to rise. The rise in revenue is a result of excellent management and planning. Because of the need to go international, Apple created a strategic plan to go forward in the direction of globalization. This type of globalization will involve countries with different needs and different markets. For instance, planning a marketing scheme must involve the different variables that apply for each market. When planning globally, company structure must be taken into consideration. With that being said organization and control go hand in hand Steve Jobs came back once again as the CEO of Apple in 1997. This time he had a new game plan, and Apple started to focus on the digital lifestyle of consumers. This proved to be Apple’s most successful business strategy to date because a once ineffective company now had ruled the computer world. In 2005, Apple announced that it would start using Intel-based chips to run Macintosh computers. In April 2006, Apple announced Boot Camp, which allows users of Intel-based Macs to boot either Mac or Windows OS. This functionality allows users who may need both OSs to own just one machine to run both, albeit not simultaneously

NFB and Canadian Film essays

NFB and Canadian Film essays The turn of the century brought along many new innovations that would revolutionize the way we live. There were many new technologies that would bring forth an era of industrialization, but potential uses remained uncertain and applications were left to be discovered by the marketplace. Among the most promising inventions was Thomas Edisons Vitascope, an invention with the ability to record time and motion. Moving pictures were soon to become the most popular form of entertainment, and most prominent of cultural attractions. As film industries began to emerge, America seized the opportunity to commercialize film as a form of mass entertainment. Canada found itself immersed in the wake of American productions. It was not until the formation of the National Film Board that Canada was able to establish an indigenous film industry. This allowed the government to create an industrial filmmaking infrastructure reflecting its own cultural image. The NFB has taken steps that have failed to c reate an industrial filmmaking infrastructure similar in style to Hollywoods. Market competition with Hollywood; focusing on nationality over entertainment, and depending on foreign investment and government subsidies has made it difficult for the NFB to create a successful Hollywood style film industry. Lack of regulation in the early years of the industry crippled Canadas ability to produce, distribute, and exhibit feature films successfully. Canada began using film as a method of attracting immigration. The CPR hired James S. Freer to tour Britain and show realistic films of life in the Canadian west. Promotional films for lumbering, fishing, mining, and agricultural machinery industries were produced, and focus on the entertainment aspect of filmmaking was left to Americans. Canadian culture was primarily interested in the growth of rudimentary industries, and sought manpower to build our nation. Other government films were produced ...

Apace Research Essays - Space Colonization, Space Exploration

Apace Research Essays - Space Colonization, Space Exploration Apace Research The urge to explore and search the unknown is part of human nature and has led to many of the most important changes in our standard of living. Searching and exploring enriches our spirits and reminds us of the great potential of achievement. The drive to develop the next frontier has also been a fundamental part of the heritage of the people of the world. Every year, billions of dollars are spent on the exploration of space. Many citizens doubt the necessity to research our solar system and the rest of our universe. Spaceflight may seem us as an ultramodern idea, but evidence of the dream of space exploration exists as far back as texts from early centruies from the first millenium. From Thales to Copernicus including almost 14 hundred years some of the scientists could declare that the earth was round and sun was the center of our solar system.. Much later, in the 1600s, Sir Isaac Newton formulated the laws of universal gravitation and motion. Today a rocket operates under this principle. The first American satellite, Explorer 1, was launched from Cape Canaveral in Florida on January 31, 1958. Later, Yuri A. Gagarian, a Ru ssian cosmonaut, made one full orbit around the Earth on April 12. The United States had become furious. Their mission was to be the first men on the moon. The Lunar Module had landed on July 20, 1969, Neil Armstrong descended the ladder and said the famous words, Thats one small step for man and one giant step for mankind. Today, instead of competing against one another, Russia and America are working together, planning the construction of an international space station. We know that we have learned much about our planet from our journeys in to space. Today everybody in the earth knows the importance of satellites for communication. It takes seconds to be connected with anyone otherside of the planet. Satellites at thousands of kilometers miles out in space can survey Earths oceans, land use and

Leonardo Da Vinci Perpetual Machine Assignment Example | Topics and Well Written Essays - 250 words

Leonardo Da Vinci Perpetual Machine - Assignment Example The model presented in the picture is probably the simplest among them, but it is definitely as good as others are. The main purpose of such layout was to create asymmetry using additional physical effects. This hypothetical perpetual wheel would revolve around its axis, and the metal pellets placed in the sections of the wheel would roll over, creating unevenness in load distribution and making the wheel keep on moving. However, eventually, Da Vinci admitted that the construction of a working perpetual machine is impossible. Commenting this conclusion, Da Vinci wrote that, interpreted into modern language, when the pellet (i.e. the weight) placed in one of the sections â€Å"moves farther from the pivot, the gravitational torque on it increases, but also the moment of inertia of the wheel is increased at the same time, which makes the gravitational torque less effective in increasing or sustaining motion of the wheel† (Simanek). In other words, the obtain effect is eventually zero. Moreover, Da Vinci concluded that every mechanical system inevitably loses its power through friction (Capra). Later, and especially at the dawn of the 20 century (intensive industrialization), the inventors tried to improve older prototypes of perpetual machines, but these attempts proved to be failure due to laws of physics (e.g. the principle of perpetual motion virtually violates two first laws of thermodynamics (Roy). In the end, the idea of a mechanism producing free energy without any outside sources or fuel was condemned as

Ethics and Reality Case Study Example | Topics and Well Written Essays - 1000 words

Ethics and Reality - Case Study Example Reality says, brother is also young and to lead whole life with one kidney is a great risk. The patient is only 19 years of age, considering the age criterion; it is the prime responsibility of the physician to save her life. Under these circumstances, when there was not any choice of the therapy, a ray of hope came from GENOTECH. Situations like this has paved the way for breakthroughs in research and therefore more biotechnology companies are coming forward for reawakening of interest in xenotransplantation. The spotlight of ethical consideration has been altered from the moral accuracy of using animals for research/ therapy to treasured risk of xenozoonoses in recipients. This is not well accepted so far. The restriction has been posed by the United Kingdom on clinical trials and a national regulatory authority has been established to supervise and organize the progress of research, create guidelines, and make a decision on when trials can proceed. On the contrary, the United States has promoted the research in the direction of "proceed with caution," and the Food and Drug Administration (FDA) has given approval for a large number of xenotransplant studies. The Public Health Service guidelines laid down strategies to reduce infection risk and these guidelines are still underway and are evolving to wind up with cautious approach (Daar, 1997). In the present case, the GENOTECH has emerged as a helping hand to this family. The patient cannot be allowed for euthanasia to spare the suffering of the patient or her family. The family must take the risk of transplanting GENOTECH'S product for transplanting kidney. There are chances that infections may spread from the recipient to contacts and later to the public. It is of much concern to the whole human population and not the patient alone. It is therefore imperative that the company must go through the rigorous checking of the product for any kind of microbial infection before the transplantation is made in order to protect the disaster. The motive in the present scenario is therapy, but practically performing is different, moreover laboratory conditions are different than in reality, inside the human body. So areas of concern are animal issues and risk of infection, but the success of this transplantation will renovate transplantation ethics to reality. There has to be some initiative for the success of technology. For these new technologies it has been hypothesized that they are going to eliminate the clinical and immunological obstacles which have made transplantation an excessively expensive therapeutic venture. Optimism inspires us but when it results in defeat it tempers our hopes and also the reality (Platt, 2001). Therefore we have to check the technology for its fool proof results. The alternative to the present situation is long-term dialysis. References: Darr, A. S. (1997). Ethics of Xenotransplantation: Animal Issues, Consent and Likely Transformation of Transplant Ethics World. J. Surg 21. 975-982. Evans, R. J. (2001). Coming to Terms with Reality: Why Xenotransplantation Is a Necessity. Chapter 2. Xenotransplantation. 29-55. Scenario # 2 The cultural and moral ethics are diminishing due to changing