The Legal Regulatory Environment within the U.S. Power Tool Industry

The Legal Regulatory Environment within the U.S. Power Tool Industry Free Online Research Papers The U.S. power tool industry covers the manufacturing, marketing, distribution and sale of power tools to professional tradesmen, hardware stores and the home user. Power tools are defined as those that are driven by Alternating Current (AC) or Direct Current (DC) supplies (electricity), pneumatic (air), and gasoline or some other type of fuel power. Some examples of these tools include: gas saws, rotary hammers, corded and cordless drills, routers, sanders, grinders, etc. Over the past ten years the industry as well as the two market leaders, Black Decker, Inc. and Danaher Corporation grossing close to $15 billion worldwide in 2005, has experienced a cyclical change in the demand of these products. This is largely due to the fact that these products are directly tied to all types of building construction, renovations and â€Å"Do It Yourself† (DIY) projects, which in turn are driven by wider market forces and the overall economy. However, new innovation technology like battery power and a lift in the housing portion of the market have helped companies in the power tool industry to demonstrate strong financial performance even in the wake of a stable or shrinking economy.1 With regards to the legal and regulatory environment in the power tool industry, there are a few key players. First being OSHA (Occupational Safety Health Administration), which is the main federal agency charged with the enforcement of safety and health legislation. Others include the EPA (Environmental Protection Agency), the United States Consumer Product Safety Commission and finally the Specialty Tools Fasteners Distributors Association (STAFDA), all which help monitor are regulate other specific laws and regulations with in the industry. The purpose of this paper is to explore the legal and regulatory environment in the power tool industry. Section I will present an overview of the regulatory environment. Section II will continue to outline and discuss into two legal issues with specific examples from cases involving Black Decker, Inc. The first (Section IIa) will discuss product liability and a specific issue with a consumer who bought a pneumatic nail gun which malfunctioned, causing him to lose the sight in one eye. The second (Section IIb) discusses a specific a case in which Black Decker, Inc. was suing one of its largest competitors Bosch Tool Corporation for patent infringements in regarding their job site battery charger/radio product. I chose these two issues as they were high profile and widely publicized. The paper concludes that there are numerous legal guardrails within the power tool industry. These laws and regulations are in place to protect industry employees and consumers and ensure that companies involved in the manufacture, sale and distribution of power tools are performing such activities with the safety of employees and consumers and environmental considerations at the top of the agenda. Mature compliance initiatives and top-level management focus on legal and regulatory issues not only helps companies stay within the bounds of the law and avoid penalties but also assists them in gaining competitive advantage through market and consumer confidence and well managed, efficient internal processes. Legal and regulatory requirements are here to stay and those currently impacting the power tools industry are no exception. The power tools industry can continue to expect a similar level of regulation in the future, given the nature and use of the products produced by its comp anies and their recent adherence to requirements. Section I: Legal Regulatory Environments There are few major industry associations that help set most of the rules and regulations within the industry. The first one is OSHA (Occupational Safety Health Administration), which sets the industry standards, agency policies, rules, and regulations by which all companies that employ workers that use power tools and manufactures must follow. The portion of the standards and regulations that pertain to power tools industry and their manufactures is found in Part 1926.302, titled â€Å"Power-operated Hand Tools†, within the Safety and Health Regulations for Construction. In this section, there are many regulations surrounding tools either powered by electricity, air, or fuel, how they are manufactured and then operated in the work place. For example, Electric power operated tools need to be of the approved double-insulated type or grounded in accordance with UL regulations. Failure to comply with these regulations can result financial and other penalties. Another contributor to the many laws and regulations within this industry is the Environmental Protection Agency. The EPA works to develop and enforce regulations that implement environmental laws enacted by Congress and is responsible for researching and setting national standards as well as monitoring and enforcing compliance. Compliance with EPA regulations is particularly relevant for the power tool industry in the context of the disposal and manufacture of a variety of cordless fuel cells. Where national standards are not met, the EPA can issue sanctions and take other steps to assist the states reaching the desired levels of environmental quality. The third significant regulatory body is the United States Consumer Product Safety Commission. One of the CPSC’s main objectives is to protect the public from unreasonable risks of serious injury or death from more than 15,000 types of consumer products, including power tools. It is responsible for working with manufacturers to ensure sufficiently detailed and timely information is released to the public regarding product recalls and or making arrangements for their repair. The CPSC is also primarily responsible for conducting research on potential product hazards and informing and educating consumers through the various types of media. The last major association is the Specialty Tools Fasteners Distributors Association (STAFDA). STAFDA is a not-for-profit educational trade association comprised of distributors, manufacturers, and representative agents of construction, industrial, and related products. While STAFDA is not a regulation setting organization, one of its major purposes is to advise its members of legislation, regulations and lobbying efforts which affect the overall power tool industry and therefore it has an impact on overall compliance to legal and regulatory requirements within the industry. Section IIa: Exploration into a Product Liability Case As outlined in Section I, OSHA and CPSC regulate the manufacture and safe use of power tools. The first legal example to be discussed in this paper issue was a product liability case between a customer and a power tool manufacturer, Black Decker, Inc. In this case the local state, Product Liability Act which was help drafted from the CPSC, defended the manufacturer. The case was originally held in a Louisiana district court and was subsequently appealed and went to the United States Fifth Circuit Court of Appeals. The outcome was a significant product liability victory for Black Decker, Inc. The case involved the plaintiff, Kenneth B. White, who while using a pneumatic brad nailer, was blinded in one eye after a nail ricocheted off of the work surface. The district court granted â€Å"Black Deckers summary judgment motion on the ground that the plaintiff did not satisfy his burden of proving the risk/utility element of a defective design claim under the Louisiana Product Liability Act†, which states that, â€Å"A manufacturer can be held liable to a claimant for damage proximately caused by an unreasonably dangerous characteristic of a product when such damage arose from a reasonably anticipated use of the product†. The plaintiff, an experienced carpenter, was injured while using a DEWALT Heavy Duty, 18 gauge Brad Nailer. He was not wearing his safety glasses at the time of the accident. The nail gun came equipped with two types of trigger, a bump fire trigger and a sequential fire trigger, and was sold with the bump fire trigger pre-installed. Switching trigger mechanisms was, however, simple to do, and the alternative sequential trigger was attached to the product in a plastic bag with clear instructions on how to switch the trigger mechanism. The plaintiff claimed that the nail gun double fired, causing the second-fired nail to ricochet and strike him in the eye. The plaintiff argued at the district court that pneumatic nail guns with bump fire triggers are unreasonably dangerous because of the potential for double fires and that the accident would not have occurred if a sequential trigger had been used. The plaintiff filed suit against Black Decker under the Louisiana Products Liability Act, and claimed that the nail gun was â€Å"unreasonably dangerous† in design. Black Decker â€Å"moved for summary judgment† on three different grounds. First, the plaintiffs use of the nail gun without wearing safety glasses provided with the product was not a reasonably anticipated use since the plaintiff was an experienced carpenter who testified he was aware of the risk of eye injury when using nail guns. Secondly, the proposed alternative design or sequential trigger that was preferred by the plaintiff was, in fact, provided with the product even though it was not pre-installed. Lastly, the plaintiff could not come forward with competent evidence to satisfy the risk/utility standard of a defective design claim.5 The district court granted Black Deckers judgment because it found that the plaintiff did not present sufficient evidence to support a jury finding that the â€Å"lik elihood† the products design would cause the plaintiffs injury and the seriousness of that injury outweighed the adverse effect from the design of the product. The court also found that the risk of injury with this particular product was lower than it was with other types of nail guns because it was designed to fire brad, very small finishing nails and, thus had a much lower recoil force and was less likely to double fire than larger framing nail guns. The court concluded that the risk of injury could also have been avoided because the product manual and labels warned about the dangers of double fire, warned about the risk of ricochet, and provided safety glasses with the product and that the plaintiff did not present adequate evidence to make an obvious showing that the proposed â€Å"alternative design† would not excessively impact the function of the nail gun. On appeal, the United States Fifth Circuit Court of Appeals essentially agreed with all of the district courts findings and conclusions and dismissed the case. Section IIb: Exploration into a Patent Case The second legal issue is one regarding patent law. A patent is issued for the protection of an invention, product, process, or machine and is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. The inventor also may have to comply with other laws and regulations with in the industry to make use of the claimed invention.7 The term or length of a patent is 20 years from the date on which the application for the patent was filed. Once a patent is issued it excludes others from â€Å"making, using, offering for sale, or selling† the invention in or brining it into the United States. United States patent grants are effective only within the United States, its territories, and its possessions. If a patent is issued and is then used without permission from the inventor, the holder of the patent may bring an infringement suit to the federal courts. A successful action may result in an injunction prohibiting further use of the paten ted item by the infringer and the inventor can also be awarded damages. Patents provide incentives for economically efficient research and development. Many large modern corporations have annual RD budgets of hundreds of millions of dollars. Without patent protection, RD spending would be significantly less or eliminated altogether, limiting the possibility of technological advances. Corporations would be much more conservative about the RD investments they made, as third parties would be free to exploit any developments. Additionally, in many industries, especially those with high fixed costs and either low marginal costs or low reverse engineering costs, for example the power tool industry, once an invention exists, the cost of commercialization, testing, tooling up a factory, developing a market, etc., is far more than the initial conception cost. A case heard by the United States District Court in Illinois, including two companies from the power tools industry. Black Decker, Inc., the plaintiff, filed multiple claims against the Robert Bosch Tool Corporation for infringing on a various patents involving Bosch’s Power Box. On September 22nd, 2006, a verdict by the jury and the court found that all claims by Black Decker, Inc relating to patent infringement by the defendant were valid. The ruling concluded that the defendant, Bosch, must stop selling, making, using, offering, and importing the Power Box in the United States, effective immediately. The trial ran from September, 13th through September 26th. The patents that Black Decker stated that were infringed were claims 1, 2, 6, 7, and 10 of the United States Patent No. 6,308,059, and claim 1 of the United States Patent No. 6,788,925, both titled â€Å"Ruggedized Tradesworkers Radio†. These patents included specifics of a radio charger having an AC powered DC power supply design, an AC powered-DC charger design, a removable DC power supply design and or a power conversion circuit design and shown with specific electrical schematics. After hearing the case the jury found that Bosch had infringed on the two patents stated above, and that Black Decker will suffer irreparable harm if an injection is not entered. Additionally they found that no adequate remedy at law exists and that a balance of the relevant hardships is in Black Decker’s favor. Therefore Robert Bosch Tool Corporation, its officers, agents, servants, employees, affiliates, successors, and assign s were then restrained from making, using, selling, offering, or importing the Bosch Power Box, model number PB-10 and or PB-10-CD. There was an additional note that the updated version of the Power Box, PB-10 Advanced, was excluded from this case; however it was part of another lawsuit that was to be heard in the same court. Conclusion In conclusion, there are numerous legal guardrails that impact companies in the power tool industry, not just specific industry regulation but also wider laws and regulations at a state and federal level. The power tool industry is heavily consumer driven, the reputation damage and loss of consumer confidence associated with a successful law suit or infringement of laws or regulations is a risk that many companies in the industry cannot afford to take. Organizations and regulatory bodies such as the OSHA and CPSC provide the legal and regulatory framework within which the power tool industry must operate, while STAFDA provide guidance and assistance for the companies in the industry to help them understand and address the various requirements. There is no doubt that increased legal and regulatory requirements force companies to change the way in which they operate to ensure achieved compliance. Often these internal compliance initiatives result in more arduous internal processes and controls and increased costs but, if implemented properly, these can help a company streamline its operations through process re-engineering and gain competitive advantage whilst also avoiding the finan cial and reputation penalties of non-compliance. Given the nature and use of power tools and the industry’s recent history of adherence to requirements, the industry can continue to expect a similar level of regulation in the future. Endnotes 1 Handtools. Encyclopedia of American Industries. Online Edition. Thomson Gale, 2006. Reproduced in Business and Company Resource Center. Farmington Hills, Mich.:Gale Group. 2006. http://galenet.galegroup.com.ezp.lndlibrary.org/servlet/BCRC (retrieved November 22, 2006) 2 â€Å"Standards† United States Department of Labor, Occupational Safety Health Administration website. 200 Constitution Avenue, NW, Washington, DC 20210 osha.gov (retrieved December 17, 2006) 3 United States Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, N.W. Washington, DC 20460. epa.gov/ (retrieved December 18, 2006) 4 United States Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814. cpsc.gov/ (retrieved December 18, 2006) 5 Kenneth B. White vs. Black Decker, Inc., US Court of Appeals for the Fifth Circuit, (Case no. 04-30710) Filed March 11, 2005. ca5.uscourts.gov:8081/isysquery/irl140e/2/doc (retrieved December 18, 2006) 6 â€Å"Louisiana Products Liability Act†, Louisiana Products Liability Law. http://radio.weblogs.com/0119806/stories/2003/02/13/louisianaProductsLiabilityLaw.html (retrieved December 18, 2006) Endnotes continued 7 â€Å"Patents† United States Patent and Trademark Office website. Office of Public Affairs U.S. Patent and Trademark Office, P. O. Box 1450 Alexandria, VA 22313-1450 uspto.gov/index.html (retrieved December 19, 2006) 8 â€Å"Patent†, Wikipedia: The free encyclopedia. (2006, February 13). FL: Wikipedia Foundation, Inc. http://en.wikipedia.org/wiki/Patent (retrieved December 20, 2006) 9 Black Decker, Inc. vs. Robert Bosch Tool Corporation, US District Court, (Case No. 1:04-cv-07955) (Filed November 11, 2006. retrieved via email December 19, 2006) Research Papers on The Legal Twilight of the UAWMarketing of Lifeboy Soap A Unilever ProductOpen Architechture a white paperGenetic EngineeringIncorporating Risk and Uncertainty Factor in CapitalThe Project Managment Office SystemThe Relationship Between Delinquency and Drug Use

Mujahideen (Definition)

Mujahideen (Definition) Definition: A mujahid is one who strives or struggles on behalf of Islam; mujahideen is the plural of the same word. The word mujahid is an Arabic participle drawn from the same root as the Arabic word jihad, to strive or struggle. The term is most frequently used in reference to the self named Afghan mujahideen, the guerrilla fighters who battled the Soviet army from 1979 – 1989, when the Soviets withdrew in defeat. The Soviets invaded in December, 1979 in order to provide support a recently installed pro-Soviet prime minister, Babrak Karmal. The mujahideen were fighters from the mountainous areas of the largely rural country, and also maintained bases in Pakistan. They were entirely independent of the government. Mujahideen fought under the command of tribal leaders, who also headed Islamist political parties, which ranged from radical to moderate. The mujahideen received arms by way of Pakistan and Iran, both of which share a border. They made use of an arsenal of guerrilla tactics to thwart the Soviets, such as laying ambushes or blowing up gas pipelines between the two countries. They were estimated to be about 90,000 strong in the mid-1980s. The Afghan mujahideen were not seeking to wage an aggressive jihad beyond national boundaries, but were rather fighting a nationalist war against an occupier. The language of Islam helped unify a population that was- and still isotherwise very heterogonous: Afghans have many tribal, ethnic and linguistic differences. After the war ended in 1989, these different factions returned to their previous divisiveness and fought each other, until the Taliban established rule in 1991. These unorganized guerrilla warriors were viewed as outlaws by their Soviet enemy and as freedom fighters by the Reagan Administration in the U.S., which supported the enemy of its enemy, the Soviet Union. Alternate Spellings: mujahedeen, mujahedin

The Irish Historical Background Essay Example | Topics and Well Written Essays - 12000 words - 3

The Irish Historical Background - Essay Example Maria Edgeworth had her own weaknesses and opportunities as a person but she overrode her weaknesses and did not flatter herself in her opportunities but looked to herself and what she could make of herself as a person and succeeded in that quest. One of the weaknesses Maria had to deal with was her stature and appearance. ‘Small in stature she was never short on grace and wit’ (Merriman, 2005). Maria Edgeworth did not allow low self-esteem take the better part of her for how she appeared or looked. She believed her true personality was in her abilities and what she could do and not how she looked. Maria Edgeworth was also not lucky with parenting as she had to go through the hands of four mothers in her short youthful days. Her own mother was not loved and was neglect. ‘It was in their house that her neglected and unloved mother—always a kind and excellent, though a very sad woman—died’ (Edgeworth, WikiSource, 2008). Maria, however, loved all her stepmothers and treated them nothing less than her biological mother. ‘Kept by Mrs. Lataffiere, to whom she always felt much indebted, though her stepmother,’ (Edgeworth, WikiSource, 2008). Another weakness Maria Edgeworth had to b attle was an eye problem she had. ‘Her eyes became so painfully inflamed that she was unable to use them’ (Merriman, 2005). This problem was with her in her childhood but little Maria did not let that stop her from pursuing her academic dreams. Records from Edgeworth’s unpublished family memoir has it that when she came to do the exercises set to her class at Mrs. Daviss, she found them so easy that she wrote out the whole quarters exercises at once, "keeping them strung together in her desk, and, while the other girls were labouring at their tasks, she had all that time for reading what she pleased to herself, and, when the French master came round for the exercises, had only to unstring hers, and present it." (Lawless, 1905)

Ethics and Policies in Managing MacDonalds UK Essay

Ethics and Policies in Managing MacDonalds UK - Essay Example When operating, a company should consider its mission (what it will seek to do and become over the long term), its objectives (specific performance targets to fulfil its mission), and strategy (the means to fulfil its objectives). Daniels, Radebaugh & Sullivan (2004) suggested that the three major operating objectives that may induce companies to engage in business. They are Kotler and Keller (2006) deemed that companies should strive to raise the level of socially responsible marketing that calls for a three-pronged attack that relies on proper legal, ethical, and social responsibility behaviour. In this case, companies must adopt and disseminate a written code of ethics, build a company tradition of ethical behaviour, and hold its people fully responsible for observing ethical and legal guidelines. In fact, Kotler and Keller (2006) revealed a 1999 poll by Environics International, a public opinion research firm, found that 67 percent of North Americans are willing to buy or boycott products on ethical grounds. With the globalization of business, the issue of ethical positioning had become vital because "ethics emerge from the degree of agreement among societies, corporations and other organizations regarding the appropriate ethical frameworks and behaviors in a given situation" (Buller, Kohls & Anderson ,1991). Furthermore, Buller, Kohls & Anderson (1991) had explained that business ethics take into account both moral attitudes and moral reasoning. However, the relationship between these two elements is unclear. How do reasons and attitudes diffuse in the development of an ethical position Recent studies in business ethics have shown both remarkable similarities and differences across cultures with respect to attitudes toward questionable business practices. During the decades of the 1980s and 1990s business ethics was predominately a subject taught at business schools and debated by academics. It had little impact in the international business world, where the prevailing attitude was tha t anything goes and everyone is paid to cut a deal. Many governments (including France, Japan and Germany), recognizing the reality of doing business in certain parts of the world, actually allowed businesses to write off bribe payments on their corporate income tax (Mitchell 2003, p. 7). Recently, business leaders and CEOs already have realized the repercussions of not having solid ethical guidelines. Corporations of all sizes, especially multinationals, are more attuned to the bottom-line value of being a good corporate citizen and playing by the rules. Individual business people are seeking to do "what is right" (though this is often prodded by corporate ethics standards and local laws) rather than maintaining an attitude of "anything to close the deal." For example, Royal Caribbean Cruise Lines was indicted for criminal violation of the Clean Water Act. The company acquired much costs as it put together an all-star defense team including two former federal prosecutors and two former United States attorneys general to defend itself (Sorkin 2004, p. A1). Briefly identify the ethical pressures present in the food industry, making reference to one organisation in particular. As the

Stop and Frisk Essay Example for Free

Stop and Frisk Essay New York City’s stop and frisk program is a practice used by the New York Police Department. This practice is mainly used on minorities which include African Americans and Latinos. The New York Police Department policy is highly criticized for racial profiling. Racial profiling is discriminating upon a certain race, ethnic group, or religious group. I personally believe that the stop and frisk policy is a privacy concern and should be abandoned by the state. The vast majority of people falling victim to this practice are law abiding citizens. Most of these people have done nothing wrong and police officers are using pure suspicion therefore violating the privacy act of citizens. I firmly disagree with this particular tactic by law enforcement, because it does not follow correct protocol. An example of this can occur as follows. I went to visit one of my friends at their apartment building. I came across an officer in the building on my way to my friends room. The officer stopped me and and questioned if I were a resident in the building. After I tell the officer no he informs me that he’s going to frisk. I did nothing wrong and still was stopped and frisked. I was completely innocent and going about my business. Additionally, Stop and frisk is a major privacy issue. New York City police officers are choosing to stop people based on race and not reasonable suspicion. They choose to pull over drivers who are mainly African American or Latino. Very little stops lead to an arrest. Most of the time the person is innocent and has nothing illegal on them. I believe that the citizens are losing the trust in police. They are losing all trust and feeling of protection because they fear of being stopped and frisked. I would not like being treated like a criminal if I were innocent too. Some of these people worry about being targeted by police on a daily basis. Jay Z an award winning artists, was pressured to back out of a collaboration with a store called Barney’s after it was accused of racially profiling two black customers. He had something  to say about this policy in a song called â€Å"Devil Is A Lie†. He rapped â€Å"You seen what I did to the stop and frisk Brooklyn on the Barney’s like we own the bitch Give the money to the hood, now we all win†. â€Å"Got that Barney’s floor lookin’ like a VIM†. Jay Z is basically saying he has the high end Barney’s store looking like the low end VIM store. He does not agree with the stop and frisk that occurred in the store and gave all proceeds to his charity. Furthermore , the aspect that I have gathered from this practice is that it lowered the crime and murder rate. I believe people are less willing to walk around with any sort of weapon on their person. The risk of carrying a weapon or illegal substance is too high. On the other hand people that obey the law regularly feel more safe. Which is how it should be. Stop and Frisk has so many repercussions to society. Many individuals who have experienced â€Å"Stop and Frisk† have said it is unethical. Many citizens feel as though they lose the sense of privacy. In today’s society privacy is important because people do not want everyone knowing their business. If people knew each others business then they would be extremely upset , which could cause uneasiness in a persons life and in social media. In particular, instead of stop and frisking NYPD should take a different approach. They should asses the situation with a level headed approach. Instead of racial profiling, they should give all citizens a fair shot. This meaning police officers should use proper judgement to law abiding citizens. Some judgements that police use are wrong and one sided because they think that minorities are always causing trouble. Police officers should use fairer judgement when making decisions on arrests. My uncle who lives in New York has fallen victim to stop and frisk. He says the officers are allowed to patrol the halls of private buildings and proceed with stop and frisk searches. He told me this is called â€Å"Operation Clean Halls†. This should not be allowed. In Summary, I think stop and frisk is ineffective. People are targeted wrongly because of what they look like. Many citizens should not be discriminated upon because of their race. It is an invasion of human rights if police officers stop and frisk. It is important that citizens know their safety measures. Stop and frisk should not be tolerated by american citizens.

Alternatives to Live-Action Fictional Films :: Film, Documentary

Is there an alternative to live action fictional films? And if there is an alternative is there a chance it could be entertaining? Who doesn’t enjoy a good fiction film? In Film: An Introduction by William H. Phillips, we learn that the alternative to such films can be both enlightening and entertaining (299). What type of film could be both enlightening and entertaining? Documentaries are. There is potential in a documentary film, also referred to as non-fictional films, which fictional films cannot grasp. According to Jack C. Ellis, a known documentary film critic, documentaries â€Å"(1) communicate insights, achieve beauty, and offer understanding.† They also â€Å"(2) improve social, political, or economic conditions† (qtd. in Phillips 299). In ways documentary films are similar to fictional films. Both types of films have infinite possibilities of topic choices to choose from and have a crew to influence and manipulate the film so that it can be accepted the way they want it represented. However, documentary films are created to be works of informative and factual art. Fictional films, although they may stem from the ground of truth, they branch into the realm of unrealistic entertainment (316). But why is there a big market for documentaries? The answer is simple. Each person alive; whether they are young, old, intelligent, undereducated, black, white, Baptist, atheist, everyone has an interest in something and documentaries can inform an audience about that particular interest (316). There are two types of documentaries, the narrative and the non-narrative. The majority of documentary films are made up of non-narrative films, meaning that there isn’t an actual story being portrayed in the film rather just a list of information that make an argument (301). Narrative documentaries create and develop a story, normally following a person and their ambitions. This type of documentary is more comparable to fictional films versus non-narrative films because the information presented does not have to be sequential as long as it is factual (302,303). Both types of documentaries use artifacts, such as photographs, that pertain to the subject in their film and are spliced from one frame to another in the editing process, to force the point of view that the director wishes to portray onto the viewer (301 & 306). This is the reason that Phillips refers to documentaries as ‘Mediated Reality’. A documentary film is biased and cannot be objective. It may be perceived as truth by viewers, but there is a difference between the genuine footage that was recorded and the censored scenes that were developed in editing.

Hilton Case study Essay

Problem: From the case, we know Hilton is currently using the marketing penetration by focusing on business travelers. And now the expensive loyalty-program features that are added by Starwood Hotels and Resorts Worldwide Inc. for attracting more business travelers is threatening Hilton by increasing Hilton’s cost or decreasing Hilton’s market shares. Solution: In my opinion, in response to the Starwood’s strategy, the solution for Hilton’s dilemma should be market development which is developing new market from current products or services. Hilton can avoid increasing its cost by showing customers Hilton has more and better benefits. There are several reasons for this solution. Firstly, HHonors Program has been a good service program for Hilton. On the other hand, Starwood’s Preferred Guest announcement was a strategy to their less effective frequent-guest program. As it shown on the case, â€Å"they changed it every few years†. Secondly, it is risky to compete with them by increasing the cost and adding the features Starwood added. It is because the lower cost-effectiveness will hurt the profit of the whole hotel industry eventually. Also, if Hilton can have the same or more amount of business with lower costs compared to other competitors, Hilton earns more profits. The last but not the least, it is important to market and consolidate the Hilton brand nowadays. We need to let customers know how superior Hilton is than other hotels to attract and retain consumers. Implementation: For implementation, Hilton needs to realize its flashpoints and put more marketing efforts on them. Firstly, HHW’s program has a unique practice called Double Dipping which means customers can earn mileage in partner airline and also earn HHonors points. This flashpoint can not only attract customers but also better relationship with corporate clients. Double Dipping melts the conflict of competing with the airline’s program. Hilton can talk to partner airlines by sharing members and create a complemented program with them. Then, Hilton can advertise this program to more airlines by calling them. So Hilton can attract more customers through airlines without increasing advisement costs. Also, Hilton can increase the number and range of partners such as car rental firms and Cookies firms. This action will help customers attain their rewards easily and eventually will help Hilton get more customers. Thirdly, Hilton can franchise to more small hotels with comparable with lower loyalty- program cost than its competitors in order to increase the market share of Midmarket without F&B segment which other big competitors don’t have. After that, Hilton can send an email to their current customers in their computer system by presenting the appreciation for being Hilton customers and introducing Double Dipping and other partners for customers to attain rewards earlier. Also, tell them they can get desirable points by having someone experience Hilton. Guest managers who are responsible for making the best customers feel special and satisfy their needs as perfect as possible can call upper-rank customers by introducing themselves.

American Imperialism Essay

Identify the countries or areas where the United States engaged in imperialistic actions during the period from about 1870 to 1914. Discuss why each area was important to American empire building (political, economic, and social). Explain America’s expansionist ideals. What were some of the factors that justified American imperialist actions? Identify the current political status of these places in relation to the United States. Age of Imperialism: 1870 to 1914 Place Why was there interest? U.S. actions Status today China The United States wanted to sell American Goods to their market. Treaty of Wanghsia in 1844 opened several Chinese Ports for American trade. The United States is currently China’s greatest Ally. Samoa The United States wanted to support naval fleets in the Pacific. 1872; United States was granted a naval base at Pago Pago. In the 1880’s the United States, Germany as well as Britain jointly signed treaties of occupancy. 1899 the treat was revised giving the United States a protectorate over the Eastern islands which became U.S territory.  Unincorporated Territory of the U.S; now called American Samoa Hawaii The United States wanted to construct a naval base and wanted their sugar plantations. 1875; The United States signed a trade agreement with Hawaii. In 1887 the United States was allowed to construct a naval base at Pearl Harbor. In 1890; the U.S tariff policy placed heavy tax on exports from Hawaii. American rebels over threw the Queen and Hawaii didn’t receive annexation to the United States in 1898; after going into a Pacific War with Spain. Incorporated into the United Sates and the people became U.S. citizens in 1990. The Philippines The United States wanted the Philippines; in its effort to attain global power and to become a market for American manufactured products. The United States acquired the Philippines from Spain in 1898 after the Spanish-American War. In1899 a Filipino leader Agunaldo led a war against the U.S. which resulted in the country being an unorganized territory. The Philippines is currently an independent country. Cuba The United States wanted Cuba for their sugar plantations and its rich resources. The Spanish-American War of 1898 prompted the United States to declare war against Spain that resulted in the Cuban War of Independence. This war was started by Spain’s harsh treatment of the Cuban people which was unsuccessfully fought for decades. The Teller Amendment was legislation passed by congress which barred the United States from annexing Cuba; forcing the U.S to leave it independent once the war was over. Currently; the United States has imposed an embargo on Cuba in 1960 and broke diplomatic relations in 1961 following the Castro regime. The U.S has attempted to reach out to the Cuban government in regards to their human rights policies; in doing so the U.S implemented the 1994-1995 U.S- Cuba Migration Accords. Currently, the U.S still remains Cuba’s largest supplier of food. Puerto Rico The United States wanted to use Puerto Rico for it’s natural rich resources and for naval purposes. Towards the end of the Spanish-American War the U.S invaded Puerto Rico which at that time belonged to Spain. In December of 1898; the treaty of Paris was signed which ended the Spanish-American war and gave the U.S power over Puerto Rico. Commonwealth of the United States. Part 2 Answer each of the following prompts with a response of at least 200 to 300 words: Trace the path of American imperialism during the period from about 1870 to 1914 through political, military, and economic events. Why was the United States interested in expansion in these areas? Why was America building a global empire? What were the benefits of America’s imperialistic actions for the people in these countries or areas? What were the disadvantages? How would you describe their experiences in terms of being conquered, assimilated, or marginalized? What were the moral implications of American imperialism? How did Imperialists justify their actions? How did the Anti-Imperialists justify their position? Consider the role of race, economics, science, and religion. What significance did the Spanish-American War have in the development of the United States as an empire and world power? Do you think the United States is currently an imperialist country? Why or  why not? Cite and reference all information sources consistent with APA guidelines.

Free Essays on Corporate Power

It is widely argued that the American corporation holds undue and excessive power over government decision making. Theorists supporting this notion have pressed numerous publications, from magazines to reviews to books warning us to be weary of corporations gaining too much political power. Corporate tyranny is a thing of the past, especially in the era after the Second World War, corporate political power is maintained at a safe, fair level. There is no reason to fear corporate power. The corporation has a right to gain political power; it can be argued the corporation must do so for survival. Furthermore, the attitude of government surely does not yield excessive power to the corporations, as has been proved many times by legislative action. The origins of American fear of corporations start before the birth of America, when the Sons of Liberty staged the Boston Tea Party. Despite what our elementary school history lessons tell us, the Bostonians were mainly concerned that the East India Company had gained enough power with the colonial government to levy the tax in the first place. The real reason for their dumping thousands of pounds of tea into Boston Harbor was to act against the corporation that was gaining enough size to dominate their lives (People’s Bicentennial Commission, xii). Later on in American history, Abraham Lincoln foresaw a tyranny of corporations to come. He wrote to his friend in 1864: It has indeed been a trying hour for the Republic; but I see in the near future a crisis approaching that unnerves me and causes me to tremble for the safety of my country. . . [C]orporations have been enthroned and an era of corruption in high places will follow, and the money power of the country will endeavor to prolong its reign by working upon the prejudices of the people until all wealth is aggregated in a few hands and the Republic is destroyed. (Shaw, 40) Many other great Americans, including Thomas Je... Free Essays on Corporate Power Free Essays on Corporate Power It is widely argued that the American corporation holds undue and excessive power over government decision making. Theorists supporting this notion have pressed numerous publications, from magazines to reviews to books warning us to be weary of corporations gaining too much political power. Corporate tyranny is a thing of the past, especially in the era after the Second World War, corporate political power is maintained at a safe, fair level. There is no reason to fear corporate power. The corporation has a right to gain political power; it can be argued the corporation must do so for survival. Furthermore, the attitude of government surely does not yield excessive power to the corporations, as has been proved many times by legislative action. The origins of American fear of corporations start before the birth of America, when the Sons of Liberty staged the Boston Tea Party. Despite what our elementary school history lessons tell us, the Bostonians were mainly concerned that the East India Company had gained enough power with the colonial government to levy the tax in the first place. The real reason for their dumping thousands of pounds of tea into Boston Harbor was to act against the corporation that was gaining enough size to dominate their lives (People’s Bicentennial Commission, xii). Later on in American history, Abraham Lincoln foresaw a tyranny of corporations to come. He wrote to his friend in 1864: It has indeed been a trying hour for the Republic; but I see in the near future a crisis approaching that unnerves me and causes me to tremble for the safety of my country. . . [C]orporations have been enthroned and an era of corruption in high places will follow, and the money power of the country will endeavor to prolong its reign by working upon the prejudices of the people until all wealth is aggregated in a few hands and the Republic is destroyed. (Shaw, 40) Many other great Americans, including Thomas Je...

The Many Meanings of Sweat

The Many Meanings of Sweat The Many Meanings of â€Å"Sweat† The Many Meanings of â€Å"Sweat† By Maeve Maddox Sweat is one of those Old English words that has dwindled in meaning since Anglo-Saxon times. Back in those sword-swinging times, sweat mean blood. By Middle English times sweat had acquired its modern meaning of â€Å"perspiration.† In addition to its current literal meaning, sweat enjoys a rich figurative life: sweat of one’s brow This expression comes from Genesis 3:19: In the sweat of thy face shalt thou eat bread, till thou return unto the ground; for out of it wast thou taken: for dust thou art, and unto dust shalt thou return. The expression has been used with a legal meaning in discussions of copyright law: â€Å"the effort expended in labor, and the value created thereby.† sweat equity value added to a house by means of the unpaid labor of owner or tenant. sweatshirt a collarless long-sleeved pullover made of cotton jersey with a smooth-finished face and a heavily napped back Merriam Webster sweat pants athletic pants made of the same fabric as a sweatshirt sweatband/sweat-band: can be either the band of leather or other material that forms the lining of a cap, or a band of terry cloth or other absorbent material worn around the head to absorb perspiration. sweat bee a bee attracted to the salt in human perspiration night sweats Excessive sweating during sleep. Medical term: Sleep hyperhidrosis sweat shop a small factory that does not conform to local standards of safety, sanitation, length of workday, or payment. sweat lodge an enclosed area heated by steam from water poured on hot stones; used especially by American Indians for spiritual and/or health purposes. sweater girl a model or actress who wears tight-fitting sweaters for publicity photos. The first â€Å"sweater girl† was Lana Turner. no sweat This idiom means â€Å"no problem.† â€Å"Can you fix this wretched computer for me?† â€Å"No sweat,† Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Vocabulary category, check our popular posts, or choose a related post below:100 Mostly Small But Expressive Interjections60 Synonyms for â€Å"Trip†25 Favorite Portmanteau Words

Marketing Project writeup Research Paper Example | Topics and Well Written Essays - 1000 words - 1

Marketing Project writeup - Research Paper Example The larger models, on the other hand, are for bigger lecture halls. There are around 40 Universities and over 20 Colleges in Ontario, not to mention its primary and secondary schools. Among the 40 Universities, 27 of which are government-funded, and are geared towards acquiring the best tools to support the educational system. These will be considered the primary target market of Notedesk company. It will seek to penetrate these universities, and supply Notedesk particularly for Science, Mathematics and Information Technology courses, whose demand for up to date educational tools is high. Notedesk is also available for companies that offer multi media productions in the form of seminars and forums. The aim is to capture the interest of companies outsourcing training programs and even venues for such programs. Notedesk embodies top of the art information technology, and will surely be aligned with these companies’ own marketing strategy, These gadgets will give these companies a new image lift, and although it will prove to be an added investment for these companies, Notedesk guarantees to be great and efficient partner in their quest for better training

The meal experience Assignment Example | Topics and Well Written Essays - 2500 words

The meal experience - Assignment Example This area houses padded stools and benches around bars and a variety of tables. Warm, gleaming natural wood paneling accents the space, along with tiffany lighting, mirrors, signs and local artifacts on the walls. Hand-written signs above the bar list current menu offerings and specials. The dining areas offer a lighter, brighter contrast to the pub lounge. One dining area presents neutral tones, tiled floors, a fireplace, and complementary dà ©cor. Brick walls lead to another area with inviting wood flooring and additional privacy resulting from stained glass dividers. If the weather permits, the beer garden at the back of the establishment offers a grill for barbecue, with picnic tables and umbrellas to allow guests to enjoy the fresh air as part of their dining experience. All areas of the establishment are clean and appear to be well-maintained. The dà ©cor, use of local artifacts, comfortable seating, and organization of the restaurant lay the foundation for an excellent dining experience. Nothing in the setting detracts from the meal; everything is complementary, and the environment invites the guests to relax and enjoy themselves. The staff of The Fatted Calf supports this invitation to relax. From the initial greeting, throughout all courses, and into the end of the meal, the staff was very patient and nice. They answered all of our questions thoroughly, were personable, and maintained an exemplary level of service that allowed us to focus on the meal. Of particular note is the head chef and co-owner, Feargal O’Donnell, who created the original menu and attended us personally throughout the meal. Chef O’Donnell explained the menu in detail, emphasizing the use of local and artisan ingredients where possible in all of the dishes in the restaurant. This practice ensures freshness, while generating good will for the establishment. Our sample menu included Donald Russell Irish