Succubus Blues CHAPTER 2

The telephone shocked me to cognizance the following morning. Diminish, cloudy light separated in through my sheer window ornaments, meaning some extraordinarily early hour. Around here, notwithstanding, that measure of light could have shown anything from dawn to high early afternoon. After four rings, I at last stooped to reply, incidentally thumping Aubrey out of the bed. She arrived with a rankled mhew and followed off to clean herself. â€Å"Hello?† † Yo, Kincaid?† â€Å"No.† My reaction came quick and certain. â€Å"I'm not coming in.† â€Å"You don't realize I will ask that.† â€Å"Of course I know. There's no other explanation you'd call me this early, and I'm not going to do it. It's my day away from work, Doug.† Doug, the other right hand chief at my normal everyday employment, was a truly pleasant person, however he was unable to keep a poker face †or voice †to spare his life. His cool disposition promptly offered approach to urgency. â€Å"Everyone phoned in wiped out today, and now we're tied. You need to do it.† â€Å"Well, I'm wiped out as well. Trust me, you don't need me there.† Alright, I wasn't actually wiped out, yet I was all the while donning a leftover radiance from being with Martin. Humans would not â€Å"see† it as Duane had as such, yet they would detect it and be attracted to it †people the same †without knowing why. My imprisonment today would forestall any absurd, lovesick conduct. It was somewhat me, truly. â€Å"Liar. You're never sick.† â€Å"Doug, I was at that point anticipating returning this evening for the marking. On the off chance that I work a move today as well, I'll be there throughout the day. That is wiped out and twisted.† â€Å"Welcome to my reality, angel. We have no other option, not in the event that you truly care about the destiny of the store, not on the off chance that you really care about our clients and their happiness†¦Ã¢â‚¬  â€Å"You're losing me, cowboy.† â€Å"So,† he proceeded, â€Å"the question is, would you say you are going to come here energetically, or do I need to stroll over yonder and drag you up myself? To be perfectly honest, I wouldn't see any problems the latter.† I did a psychological eye move, scolding myself for the billionth time about living two squares from work. His meandering aimlessly about the book shop's enduring had been viable, as he'd realized it would. I worked under the mixed up conviction that the spot couldn't get by without me. â€Å"Well, instead of hazard anything else of your endeavors at clever, sexual exchange, I guess I'll need to come over yonder. Be that as it may, Doug†¦Ã¢â‚¬  My voice turned hard. â€Å"Yeah?† â€Å"Don't put me on the registers or anything.† I heard wavering on his end. â€Å"Doug? I'm not kidding. Not the fundamental registers. I would prefer not to be around a ton of customers.† â€Å"All right,† he said finally. â€Å"Not the fundamental registers.† â€Å"Promise?† â€Å"I promise.† A half hour later, I ventured outside my entryway to walk the two squares to the book shop. Long mists hung low, obscuring the sky, and a swoon chill contacted the air, constraining a portion of my kindred people on foot to wear a coat. I had decided on none, finding my khaki pants and earthy colored chenille sweater more than adequate. The garments, much the same as the lip sparkle and eyeliner I'd deliberately applied today, were genuine; I had not shape-moved into them. I delighted in the standard idea of applying beautifying agents and coordinating pieces of clothing, however Hugh would have asserted I was simply being abnormal once more. Emerald City Books and Caf?â ¦ was a rambling foundation, possessing very nearly a full square in Seattle's Queen Anne neighborhood. It sat two stories high, with the bistro partition ruling a second-floor corner seeing the Space Needle. A chipper green overhang hung over the fundamental entryway, ensuring those clients trusting that the store will open. I strolled around them and entered through a side entryway, utilizing my staff key. Doug attacked me before I'd made two strides inside. â€Å"It's about time. We†¦Ã¢â‚¬  He stopped and did a twofold take, reevaluating me. â€Å"Wow. You look†¦ extremely decent today. Did you accomplish something different?† Just a thirty-four-year-old virgin, I thought. â€Å"You're simply envisioning things since you're so glad I'm here to fix your staffing issue. What's happening with I? Stock?† â€Å"I, er, no.† Doug battled to wake up from his fog, despite everything finding me and down in a manner I discovered perturbing. His enthusiasm for dating me was no mystery, nor was my consistent dismissal. â€Å"Come on, I'll show you.† â€Å"I let you know †â€Å" â€Å"It's not the principle registers,† he guaranteed me. What â€Å"it† ended up being was the coffee counter in our upstairs bistro. Book shop staff scarcely ever subbed up here, yet it wasn't inconceivable. Bruce, the bistro supervisor, sprung up from where he'd been stooping behind the counter. I regularly thought Doug and Bruce could be twins in a blended race, exchange reality kind of way. Both had long, scraggly pig tails, and both wore a decent arrangement of wool in tribute to the grunge time neither had completely recuperated from. They varied for the most part in their shading. Doug was Japanese-American, dark haired with faultless skin; Bruce was Mr. Aryan Nation, all fair hair and blue eyes. â€Å"Hey Doug, Georgina,† proclaimed Bruce. His eyes augmented at me. â€Å"Whoa, you look incredible today.† â€Å"Doug! This is similarly as awful. I disclosed to you I didn't need any customers.† â€Å"You revealed to me not the principle registers. You didn't utter a word about this one.† I opened my mouth to dissent, yet Bruce interfered. â€Å"Come on, Georgina, I had Alex phone in wiped out today, and Cindy really quit.† Seeing my stony articulation, he immediately included, â€Å"Our registers are practically indistinguishable from yours. It'll be easy.† â€Å"Besides† †Doug raised his voice to a reasonable impersonation of our director's †† ‘assistant administrators should have the option to fill in for anyone around here.' â€Å" â€Å"Yeah, however the bistro †â€Å" † †is still piece of the store. See, I must go open. Bruce'll give you what you have to know. Try not to stress, it'll be fine.† He quickly dashed off before I could decline once more. â€Å"Coward!† I shouted after him. â€Å"It truly won't be that bad,† Bruce repeated, not understanding my consternation. â€Å"You simply take the cash, and I'll make the coffee. We should rehearse on you. You need a white chocolate mocha?† â€Å"Yeah,† I yielded. Everybody I worked with thought about that specific bad habit. I as a rule figured out how to bring down three of them daily. Mochas that was, not associates. Bruce strolled me through the important advances, telling me the best way to increase the cups and find what I expected to push on the register's touch-screen interface. He was correct. It wasn't so terrible. â€Å"You're a natural,† he guaranteed me later, giving over my mocha. I snorted accordingly and expended my caffeine, figuring I could deal with anything insofar as the mochas continued coming. Plus, this truly couldn't be as terrible as the principle registers. The bistro most likely did no business this season of day. I wasn't right. Minutes in the wake of opening, we had a line of five individuals. â€Å"Large latte,† I rehashed back to my first client, cautiously punching in the data. â€Å"Already got it,† Bruce let me know, beginning the refreshment before I even got an opportunity to mark the cup. I cheerfully took the lady's cash and proceeded onward to my next request. â€Å"A huge thin mocha.† † Skinny's simply one more word for nonfat, Georgina.† I scribbled NF on the cup. No concerns. We could do this. The following client meandered up and gazed at me, immediately stunned. Waking up, she shook her head and exclaimed a downpour of requests. â€Å"I need one little dribble espresso, one huge nonfat vanilla latte, one little twofold cappuccino, and one huge decaf latte.† Presently I felt overwhelmed. How had she recollected every one of those? Furthermore, truly, who requested dribble any longer? Endlessly the morning went, and regardless of my hesitations, I before long felt myself livening up and getting a charge out of the experience. I was unable to support it. It was the manner by which I worked, how I helped myself through life. I enjoyed attempting new things †in any event, something as worn-out as ringing up coffee. Individuals could be senseless, positively, however I delighted in working with the open more often than not. It was the way I had wound up in client support. What's more, when I conquered my languor, my inherent succubus mystique kicked in. I turned into the star of my very own stage appear, bantering and playing effortlessly. At the point when joined with the Martin-actuated excitement, I turned out to be out and out overpowering. While this resulted in various proffered dates and pickup lines, it likewise spared me from the repercussions of any slip-ups. My clients found no amiss with me. â€Å"That's good, dear,† one more established lady guaranteed me after finding I'd inadvertently requested her a huge cinnamon mocha rather than a nonfat, decaf latte. â€Å"I truly need to fan out into new beverages anyway.† I grinned back winningly, trusting she wasn't diabetic. Later on, a person came up conveying a duplicate of Seth Mortensen's The Glasgow Pact. It was the main sign I'd seen of today around evening time's groundbreaking occasion. â€Å"Are you heading off to the signing?† I asked as I rang up his tea. Bleh. Without caffeine. He read me for a pregnant second, and I prepared myself for a pass. Rather the person said gently, â€Å"Yeah, I'll be there.† â€Å"Well, ensure you concoct great inquiries for him. Try not to ask similar ones every other person does.† â€Å"What do you mean?† â€Å"Oh, you know, the standard thing. ‘Where do you get your thoughts from?' and ‘Are Cady and O'Neill ever going to get together?' â€Å" The person considered this as I made change. He was charming, in a rumpled kind of way. He had earthy colored hair with a rosy gold glimmer to it, said gle

Texas Attorney General Research Paper Example | Topics and Well Written Essays - 2000 words

Texas Attorney General - Research Paper Example Secure control demonstrates that the court has submitted an adolescent into the safe adolescent remedial facility’s authority for span of a particular program that can run over a couple of months or numerous years. The detainment of adolescents doesn't mean to be reformatory; rather, they get care that is predictable with that of the parent in the safe care. The neighborhood ward or the state have the obligation of giving amusement, advising, training, appraisal, wellbeing administrations and other required administrations in a youth’s upkeep and prosperity in their care. Reservations in the protected confinement are for the adolescents who represent a danger to the security of people in general. Status wrongdoers like adolescents who are accused of liquor ownership or fleeing from home might be held for just 24 hours or less. There are five kinds of private projects in which adolescents are confined. These projects incorporate camps, confinement, amendments, private treatment and network based. The wide arrangement assortment choices are on the grounds that there is no uniform in these projects (Lissitz, Green, 1975). The young people should be agreed the proper administrations either in imprisonment offices or in the detainment places. The administrations accessible contrast from the various offices however by and large, the administrations and projects gave are equipped towards the adolescent needs. The capacity of the offices is to restore the young. The administration that offers essential restoration is instruction and it is required to the kept youth (Marx, 1998). The adolescent offices that run schools, which are profoundly viable, give general equivalency recognition readiness, secondary school educational plan, specialized curriculum and chances of professional preparing. The issues of significant worries in these focuses are incapability and congestion. The offices can make flimsiness with respect to straightforward coordinations and become precarious and it becomes

Are You Utilizing Your LinkedIn Profile Sections

Are You Utilizing Your LinkedIn Profile Sections There many often-overlooked sections you should consider adding to your LinkedIn profile.  LinkedIn frequently adds new sections appropriate for special groups like artists and students, for activities like volunteerism, and for skills like languages. You might fall into one of these categories and be at a disadvantage to the artist who completed a portfolio; the student who completed the student section; or the volunteer with a robust Volunteering Causes section. Furthermore, you might be at a loss when attempting to include all the aspects of who you are into your profile unless you utilize some of these special sections. LinkedIn used to have a section called Specialties, and you might have it in your profile. Here’s a sample of what a Specialties section might look like (this person is a specialist in LinkedIn): (You might also simply list your specialties at the bottom of your Summary). Here is a sample of the more recently popularized section for listing your skills: Skills Expertise: But I already have a Specialties section Isnt Skills redundant? Should you fill out the Skills section even if you already have a Specialties section? YES! If you have a Specialties section (not everyone does, as explained above), then both the Specialties and Skills Expertise sections are important areas in which to list your keywords. Whether or not you have a Specialties section, the Skills Expertise section is your best opportunity to appear in searches conducted for people with your skills. The Specialties section gets searched when people do an Advanced Search, and the Skills Expertise section is searchable from https://www.linkedin.com/skills/ or from the Skills Expertise section of anyones profile (hover over one of the skills and click on it for a list of people in your network with that skill). To add the Skills Expertise section, go to Edit Profile and look to the right. You will have a list of sections Recommended for you. Chances are if you don’t have a Skills Expertise section, LinkedIn will recommend that you add one! If you do not complete these two sections (or at least the Skills Expertise section), you will lose a lot of leverage in LinkedIn searches. You also will not be able to get Endorsements if you do not have a Skills Expertise section. Endorsements can be used by recruiters to confirm that you have the skills you claim to have! Can I reorganize my sections? YES! LinkedIn made it possible to move your sections around. On your Edit Profile page, just click on the plus sign to the left of the section name and you can drag the section to wherever you want it. Are you utilizing the new LinkedIn profile features?   I’d love to hear your feedback on the difference adding these features makes for your LinkedIn profile. Save

I Hate Reality TV Essay - 840 Words

For someone who considers his television a family member, such as myself, the summer season is a harsh, empty period of time. Fresh programming is at a minimum, leaving me to either rehash old broadcasts, scan the wasteland of hundreds of other channels offered by my cable company, or; god help me, just turn the ol TV off. Lately, with the current trend of programming choices, I have been opting for the latter of the three, finding my entertainment in print form (crazy, I know). The primary factor contributing to this oustanding decision has been the broadcasters (and I suppose in turn, Americas) infatuation with the reality genres subset of contest shows. I cannot stand any of these shows. These are the ones where there is a panel†¦show more content†¦Watching someone display his talent and then get torn apart by judges who seemingly know what the rest of us dont is not entertainment. It is watching someone else be miserable. For most people, it is easy to see beyond this point. The show progresses and the losers are never heard from or seen again. Ultimately, a winner arises, and the show ends on a happy note. Everyone likes a happy ending. In the mean time, however, is a string of harsh disappoinments; disappointments where most of the cast of characters do not get their happy ending. Dont get me wrong, in no way am I an advocate of the everybody is a winner philosophy. Games and contests should have clear winners and losers, and not everybody can win. The difference though, is that in these contests of winners and losers, say, like a little league game or a spelling bee, the only people the outcome matters to are the direct participants. The thrill of victory and the agony of defeat are instilled only in those participating (and close family members, I suppose). 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Rhetorical Analysis of “Making a Killing off Captivity” by Melissa Richards Free Essays

Kept in captivity since 1961, orcas have been spectacles for millions of people each year who flock to marine parks around the world in hopes of entertainment and education. The chance to get close to such an incredible creature that one may not have the opportunity to see otherwise is undoubtedly an amazing experience. But Melissa Richards questions in â€Å"Making a Killing off Captivity†, at what cost are we getting this experience? She argues that the positive image big-name aquatic parks create for animals is in actual fact leading people to unknowingly support a cruel industry. We will write a custom essay sample on Rhetorical Analysis of â€Å"Making a Killing off Captivity† by Melissa Richards or any similar topic only for you Order Now Explaining the detrimental effects of taking an orca out of its natural habitat, Richards emphasizes her concern for the conservation of Orcas and the importance of treating these powerful and dangerous creatures with respect. Richards begins by setting a joyful scene of a SeaWorld orca performance, an invitation for the reader to enter a high spirited fun spectacle of an orca. Weighing several tonnes the orca circles, leaps and splashes the delighted audience. Suddenly, the mood shifts horrifically as the trainer becomes victim to an orca attack in front of a stunned audience. The sharp change in mood is established by Richards when she says, â€Å"The show ended to a usual bout of applause and cheers, until ‘Tilly’ grabbed his trainer, Dawn Brancheau, by her ponytail and dragged the woman into his tank. † Just as one would think that the spectacle was over, the reader is shocked at the unexpected ending as the audience would have been at Seaworld. The reader’s perception of the orca as being a fun loving, friendly creature, emphasized by the amusing nickname ‘Tilly’, immediately changes to perceiving the orca as a villain. Richards questions â€Å"what could have prompted this sudden violent outburst from Tilikum, a whale who has been in captivity for almost thirty years? † This question brings new dimension to the matter at hand. Suddenly the situation isn’t as black and white as one would have assumed. She elaborates by stating, â€Å"the stress of being captive and made to perform daily had elicited a frustration against his trainer†. Richards manipulates the reader’s perception towards the orca, from a villain to a victim. The deliberate changes of perception towards orcas helps in avoiding predictability in Richards’ argument, this is an effective way to keep the reader focused and intrigued in her writing. Richards elaborates by stating that captivity has had many detrimental effects on orcas including ‘atypical illnesses, erratic behavior, deformities, neurotic problems and early death’. These conditions bring light to the fact that the matter at hand is life threatening and ‘counterproductive to the goals of wildlife appreciation and conservation’. Intertwining these critical issues of wildlife conservation and animal cruelty, she stresses the urgency in her argument. There is a need to convey the message that action must be taken immediately. It is acknowledged that to know whether the orcas are being mistreated in their artificial habitat, we must know the natural habitat of an orca. Richards does a commendable job of familiarizing the reader the sheer magnitude of a creature that many people are unknown to via statistics. Travelling â€Å"one hundred nautical miles every day† (qtd Landeau 1) and weighing â€Å"1. to 3. 6 tons† it is no wonder that their power and strength has earned them the nickname of the â€Å"wolves of the sea†. Despite the general unfamiliarity of these exotic creatures, Richards draws comparisons of the behavior and characteristics of Orcas to that of humans. Orcas have been found to create social and familial bonds with one another, The idea that whales share similar bonds to thei r family as we do encourages the readers to change their belief that whales may not be as alien of a species as they had imagined. This is further elaborated when Richards states â€Å"Mothers are the main caretakers of their offspring, but fathers will remain with their own matriarchal pod, helping to care for the young within this maternal line. † Words such as â€Å"caretakers†, â€Å"helping† and â€Å"care† appeal to the reader’s emotions as we see how affectionate the orca species can be within their pod just as we are affectionate to our kin. â€Å"The familial bonds within orca pods are very strong and only can be broken through death and capture of member† (qtd Williams 9). Suddenly, the loving image of an orca pod is brought back to our harsh reality as she clearly states that captivity devastates innocent orca families. While Richards draws emphasis to the social behavior of orcas, she also informs us of their impressive cognitive abilities. â€Å"orcas are one of the few animals besides humans to have such distinctive language and shared speech patterns among individuals living in the same area† This shows that not only do orcas have strong communal bond with each other, they also communicate so effectively that this is a rare occurrence in the animal kingdom. She stresses the similarity between the reader and the orca species here, this creates familiarity. Moreover, she compares the habitat and behavior of orcas in the wild to those held captive in marine parks. Incorporating the opinion of a former Seaworld trainer (Jeffrey Ventre), a truly credible source considering her experience, the argument is strengthened by a bold statement. â€Å"the SeaWorld system is the best of all seaquaria in the world, if I was an orca, that would be the last place I’d want to live† This suggests that even at its best, marine parks and seaquarias are far from the ideal habitat for an orca. Ventre compares an orca tank to â€Å"an acoustically dead cement pond† emphasizing the numbing atmosphere of a captive orca’s habitat. Case studies of orcas being neurologically and physically damaged because of captivity add credibility to Richards case. Due to â€Å"inadequate space in which to swim† (qtd Williams 52), the dorsal fins of an orca can collapse. This could happen as a result of colliding with the side of the small tank. The size of orca tanks can have great effect on the neurological stability of an orca where some have been documented to self induce physical damage. According to ‘Listening to Whales’ by Alexandra Morton, a young killer whale was observed â€Å"rushing over to a particular spot and banging her head against the underside of a dock†. Swimming in circles and being separated from their families causes the orca to become neurotic. Isolation can be severely detrimental for an orca as some are forced to be in solitary confinement. If orcas cannot adapt to captivity they are made to endure horrifying conditions as in the case study of â€Å"Junior† who died â€Å"lethargic and psychotic† after being kept in an indoor pool without natural light and other orcas. Richards emphasized that orcas are highly social creatures so the idea that it is common practice for captive orcas to be isolated is truly shocking. To further support her argument, Richards shows us how captivity is harmful to orcas with the use of numbers and statistics. After the first orca was taken into captivity in 1961 â€Å"at least 106 (79%) are now dead† (qtd Williams 4). The average lifespan of an orca is approximately sixty to eighty years, which means the majority of orcas do not die from a natural death. This is addressed when Richards states â€Å"one in five of these deaths were a result of avoidable or preventable causes†. It is clear that preventing the death of orcas is not unachievable if more people knew the risks of captivity. Richards appeals to the reader by explaining how the relationship between a mother orca and it’s offspring can be heartbreakingly affected by living in a tank. After a giving birth to a series of orcas that died in weeks, â€Å"Corky† the killer whale was encountering a problem in which her offspring could not instinctually find the spot on Corky to nurse on. This is because of the circular nature of the tank. In the wild, orcas travel in straight lines that make it easier for the offspring to feed. Corky had been continuously pregnant for almost ten years and â€Å"finally at the young age of twenty one, Corky stopped ovulating. † † The death of multiple innocent babies that was so easily avoidable is tragic and makes the reader sympathize with these creatures. Other occurrences that may not be seen in the wild is aggression between orcas. Richards documents a sickening account of two orcas fighting aggressively. â€Å"As Kandu hemorrhaged into the tank and spouted blood from her blowhole onto the stage, SeaWorld staffed ushered a shocked audience out of the audience†¦ This gruesome event graphically conveys the point that captivity induces strange behavior in orcas, ultimately due to neurological damage. This study makes a point of noting the sheer strength and ferocity that an orca can possess. Overall I believe Richards does a commendable job of conveying her argument. She uses credible sources and reliable statistics in order to support her point of view. I have personally been to an orca show in California, reading this article made me reflect on that experience and completely change my percep tion. At the time the experience was completely positive and almost magical as we stepped in to a fantasy land where Shamu was almost a cartoon character, jumping and leaping out of glee. Reading this article has made me realize that Shamu is far from an enchanting Disney character but is actually one of the fiercest, most powerful predators in the ocean. Richards has achieved this with her various case studies that enlightened me on the magnitude of an orca and its ability to kill not only humans but other orcas too. She has persuaded the reader to support her argument with the use of emotions. However, Richards has made an effort to avoid rambling needlessly to provoke empathy by using clear facts to accompany her opinions. An aspect of her research paper that I would change would be the incorporation of the Vancouver Aquarium. The aim of Richards argument was to eliminate captivity in order to conserve the orca population and animal cruelty. However, she has shown Vancouver aquarium in a positive light by stating it â€Å"eliminates parallel surfaces, reduces noise transmission and improves acoustics within the water†. Although Vancouver Aquarium vowed to end orca shows after the death of an orca in their aquarium, I believe Richards message in this quotation is that these conditions are acceptable for an orca in captivity. My personal belief is that no orca should be taken from their natural habitat and away from their pod at all. I believe that this article was written at a point in time that it was needed the most. Conservation and wildlife protection is of utmost importance as hundreds of species a day are rapidly moving towards extinction. This article has shown that we need to be more aware of how we treat animals. Ultimately, Richards has done a fantastic job of educating the reader about a topic that is alien to many. With the use of powerful statistics, thought provoking points and emotional case studies, she has produced a strong argument. The ultimate reaction I believe many readers will walk away from this article with is disappointment, distaste and disillusionment towards orca shows and marine parks. The next time one makes a trip to SeaWorld they must question whether they are going for a day of education and entertainment or whether they are supporting a business built on exploitation of innocent orcas. How to cite Rhetorical Analysis of â€Å"Making a Killing off Captivity† by Melissa Richards, Papers

Rhetorical Analysis of “Making a Killing off Captivity” by Melissa Richards Free Essays

Kept in captivity since 1961, orcas have been spectacles for millions of people each year who flock to marine parks around the world in hopes of entertainment and education. The chance to get close to such an incredible creature that one may not have the opportunity to see otherwise is undoubtedly an amazing experience. But Melissa Richards questions in â€Å"Making a Killing off Captivity†, at what cost are we getting this experience? She argues that the positive image big-name aquatic parks create for animals is in actual fact leading people to unknowingly support a cruel industry. We will write a custom essay sample on Rhetorical Analysis of â€Å"Making a Killing off Captivity† by Melissa Richards or any similar topic only for you Order Now Explaining the detrimental effects of taking an orca out of its natural habitat, Richards emphasizes her concern for the conservation of Orcas and the importance of treating these powerful and dangerous creatures with respect. Richards begins by setting a joyful scene of a SeaWorld orca performance, an invitation for the reader to enter a high spirited fun spectacle of an orca. Weighing several tonnes the orca circles, leaps and splashes the delighted audience. Suddenly, the mood shifts horrifically as the trainer becomes victim to an orca attack in front of a stunned audience. The sharp change in mood is established by Richards when she says, â€Å"The show ended to a usual bout of applause and cheers, until ‘Tilly’ grabbed his trainer, Dawn Brancheau, by her ponytail and dragged the woman into his tank. † Just as one would think that the spectacle was over, the reader is shocked at the unexpected ending as the audience would have been at Seaworld. The reader’s perception of the orca as being a fun loving, friendly creature, emphasized by the amusing nickname ‘Tilly’, immediately changes to perceiving the orca as a villain. Richards questions â€Å"what could have prompted this sudden violent outburst from Tilikum, a whale who has been in captivity for almost thirty years? † This question brings new dimension to the matter at hand. Suddenly the situation isn’t as black and white as one would have assumed. She elaborates by stating, â€Å"the stress of being captive and made to perform daily had elicited a frustration against his trainer†. Richards manipulates the reader’s perception towards the orca, from a villain to a victim. The deliberate changes of perception towards orcas helps in avoiding predictability in Richards’ argument, this is an effective way to keep the reader focused and intrigued in her writing. Richards elaborates by stating that captivity has had many detrimental effects on orcas including ‘atypical illnesses, erratic behavior, deformities, neurotic problems and early death’. These conditions bring light to the fact that the matter at hand is life threatening and ‘counterproductive to the goals of wildlife appreciation and conservation’. Intertwining these critical issues of wildlife conservation and animal cruelty, she stresses the urgency in her argument. There is a need to convey the message that action must be taken immediately. It is acknowledged that to know whether the orcas are being mistreated in their artificial habitat, we must know the natural habitat of an orca. Richards does a commendable job of familiarizing the reader the sheer magnitude of a creature that many people are unknown to via statistics. Travelling â€Å"one hundred nautical miles every day† (qtd Landeau 1) and weighing â€Å"1. to 3. 6 tons† it is no wonder that their power and strength has earned them the nickname of the â€Å"wolves of the sea†. Despite the general unfamiliarity of these exotic creatures, Richards draws comparisons of the behavior and characteristics of Orcas to that of humans. Orcas have been found to create social and familial bonds with one another, The idea that whales share similar bonds to thei r family as we do encourages the readers to change their belief that whales may not be as alien of a species as they had imagined. This is further elaborated when Richards states â€Å"Mothers are the main caretakers of their offspring, but fathers will remain with their own matriarchal pod, helping to care for the young within this maternal line. † Words such as â€Å"caretakers†, â€Å"helping† and â€Å"care† appeal to the reader’s emotions as we see how affectionate the orca species can be within their pod just as we are affectionate to our kin. â€Å"The familial bonds within orca pods are very strong and only can be broken through death and capture of member† (qtd Williams 9). Suddenly, the loving image of an orca pod is brought back to our harsh reality as she clearly states that captivity devastates innocent orca families. While Richards draws emphasis to the social behavior of orcas, she also informs us of their impressive cognitive abilities. â€Å"orcas are one of the few animals besides humans to have such distinctive language and shared speech patterns among individuals living in the same area† This shows that not only do orcas have strong communal bond with each other, they also communicate so effectively that this is a rare occurrence in the animal kingdom. She stresses the similarity between the reader and the orca species here, this creates familiarity. Moreover, she compares the habitat and behavior of orcas in the wild to those held captive in marine parks. Incorporating the opinion of a former Seaworld trainer (Jeffrey Ventre), a truly credible source considering her experience, the argument is strengthened by a bold statement. â€Å"the SeaWorld system is the best of all seaquaria in the world, if I was an orca, that would be the last place I’d want to live† This suggests that even at its best, marine parks and seaquarias are far from the ideal habitat for an orca. Ventre compares an orca tank to â€Å"an acoustically dead cement pond† emphasizing the numbing atmosphere of a captive orca’s habitat. Case studies of orcas being neurologically and physically damaged because of captivity add credibility to Richards case. Due to â€Å"inadequate space in which to swim† (qtd Williams 52), the dorsal fins of an orca can collapse. This could happen as a result of colliding with the side of the small tank. The size of orca tanks can have great effect on the neurological stability of an orca where some have been documented to self induce physical damage. According to ‘Listening to Whales’ by Alexandra Morton, a young killer whale was observed â€Å"rushing over to a particular spot and banging her head against the underside of a dock†. Swimming in circles and being separated from their families causes the orca to become neurotic. Isolation can be severely detrimental for an orca as some are forced to be in solitary confinement. If orcas cannot adapt to captivity they are made to endure horrifying conditions as in the case study of â€Å"Junior† who died â€Å"lethargic and psychotic† after being kept in an indoor pool without natural light and other orcas. Richards emphasized that orcas are highly social creatures so the idea that it is common practice for captive orcas to be isolated is truly shocking. To further support her argument, Richards shows us how captivity is harmful to orcas with the use of numbers and statistics. After the first orca was taken into captivity in 1961 â€Å"at least 106 (79%) are now dead† (qtd Williams 4). The average lifespan of an orca is approximately sixty to eighty years, which means the majority of orcas do not die from a natural death. This is addressed when Richards states â€Å"one in five of these deaths were a result of avoidable or preventable causes†. It is clear that preventing the death of orcas is not unachievable if more people knew the risks of captivity. Richards appeals to the reader by explaining how the relationship between a mother orca and it’s offspring can be heartbreakingly affected by living in a tank. After a giving birth to a series of orcas that died in weeks, â€Å"Corky† the killer whale was encountering a problem in which her offspring could not instinctually find the spot on Corky to nurse on. This is because of the circular nature of the tank. In the wild, orcas travel in straight lines that make it easier for the offspring to feed. Corky had been continuously pregnant for almost ten years and â€Å"finally at the young age of twenty one, Corky stopped ovulating. † † The death of multiple innocent babies that was so easily avoidable is tragic and makes the reader sympathize with these creatures. Other occurrences that may not be seen in the wild is aggression between orcas. Richards documents a sickening account of two orcas fighting aggressively. â€Å"As Kandu hemorrhaged into the tank and spouted blood from her blowhole onto the stage, SeaWorld staffed ushered a shocked audience out of the audience†¦ This gruesome event graphically conveys the point that captivity induces strange behavior in orcas, ultimately due to neurological damage. This study makes a point of noting the sheer strength and ferocity that an orca can possess. Overall I believe Richards does a commendable job of conveying her argument. She uses credible sources and reliable statistics in order to support her point of view. I have personally been to an orca show in California, reading this article made me reflect on that experience and completely change my percep tion. At the time the experience was completely positive and almost magical as we stepped in to a fantasy land where Shamu was almost a cartoon character, jumping and leaping out of glee. Reading this article has made me realize that Shamu is far from an enchanting Disney character but is actually one of the fiercest, most powerful predators in the ocean. Richards has achieved this with her various case studies that enlightened me on the magnitude of an orca and its ability to kill not only humans but other orcas too. She has persuaded the reader to support her argument with the use of emotions. However, Richards has made an effort to avoid rambling needlessly to provoke empathy by using clear facts to accompany her opinions. An aspect of her research paper that I would change would be the incorporation of the Vancouver Aquarium. The aim of Richards argument was to eliminate captivity in order to conserve the orca population and animal cruelty. However, she has shown Vancouver aquarium in a positive light by stating it â€Å"eliminates parallel surfaces, reduces noise transmission and improves acoustics within the water†. Although Vancouver Aquarium vowed to end orca shows after the death of an orca in their aquarium, I believe Richards message in this quotation is that these conditions are acceptable for an orca in captivity. My personal belief is that no orca should be taken from their natural habitat and away from their pod at all. I believe that this article was written at a point in time that it was needed the most. Conservation and wildlife protection is of utmost importance as hundreds of species a day are rapidly moving towards extinction. This article has shown that we need to be more aware of how we treat animals. Ultimately, Richards has done a fantastic job of educating the reader about a topic that is alien to many. With the use of powerful statistics, thought provoking points and emotional case studies, she has produced a strong argument. The ultimate reaction I believe many readers will walk away from this article with is disappointment, distaste and disillusionment towards orca shows and marine parks. The next time one makes a trip to SeaWorld they must question whether they are going for a day of education and entertainment or whether they are supporting a business built on exploitation of innocent orcas. How to cite Rhetorical Analysis of â€Å"Making a Killing off Captivity† by Melissa Richards, Papers

Business Plan of Organize Wise

Question: Discuss about theBusiness Plan of Organize Wise. Answer: Vision, Mission Values Vision: To deliver a complete and justifiable professional and individual lifestyle management facility by fashioning or reestablishing organizational balance and congruence in the lives of people Mission Values To help people to move away from annoying organizational and personal strain in order to enhance their superiority of life or work-life stability We will Make sure that muddled people will enjoy a better eminence of life by becoming systematized through our help Guide and encourage disorganized people to live a better and more prolific lives through being organized We will also Help our clients to put more emphasis on spending valuable time on personal priorities or on professional duties rather than wasting time in planning and organizing activities Respect the privacy and well-being of our clients including their property and possessions Location(s) and Geographic Reach Organize Wise will primarily operate in major cities of United Arab Emirates (UAE) such as Abu Dhabi and Dubai. These cities are known for their busy life and high population. Therefore, it is expected that Organize Wise will be able to provide clutter free lifestyle to the people who are busy with other things. Business Concept: Value Proposition Business Model Business Concept Organize Wise will provide team of professionals who will help business organizations, schools and house owner to organize the place properly by eliminating unwanted accessories and putting right resources where it should be through an easier and faster service. Value Proposition Organize-Better, Faster, Together Business Model Figure 1: Timmons Model (Source: Kiznyte et al. 2016) Opportunity: According to Thomas et al. (2014), entrepreneurship is nothing but driven by opportunity. This business idea was selected after monitoring the present life style of individual people and busy work schedules of business organizations. Even in educational institutes no one is ready to waste time to organize things properly. However, it is essential to organize your workplace, home or any other institute in order to showcase sustainability, accessibility, safety and customer/personal satisfaction (Massa and Tucci 2013). One of the worlds largest retailers Wal-Mart carried out a survey on its customers and the results exhibited that the customers wanted Wal-Mart to organize its stores so that it can look cleaner and healthier. They assigned a team to do the same but the process failed as the company had to reduce its inventory that lowered their sales. It clearly shows that decluttering is important but one needs a good team or a professional organization that can help to declutter thing s without affecting surroundings or future results. Resources In order to kick start our venture we believe that widespread resource will reduce the risk of opening it and will inspire bootstrapping or staring with simple trifling supplies which will help us to gain competitive advantage. Bootstrapping will the business to Drive down cost of market Inspiring discipline and wiriness in the organization Motivate innovative resources to gain more with handful amount of money and other resources Team Right after identifying and collecting required resources, a team of best talents will be put together. As mentioned by Hammad (2013), size of the team will depend on the size and opportunity of the market. Currently opportunity for the business is huge as competition is low. However, as Organize Wise will mostly operate in two cities initially, in each of our teams, five team members will work to, Eliminate vagueness and indecision of the prospects by applying innovation Provide leadership in order to handle the existing resources in the most effective manner. Currently, the plan is to make few teams and each of those will include 5 team members who will be experienced enough to perform decluttering tasks without any error (Hamid et al. 2013). While recruiting for potential team members, Organize Wise will focus on some qualities that must be present in the candidates that are, applicable experience and a good track record, encouragement to shine, assurance along with determination and perseverance, innovation to declutter things in a suitable manner without harming the surroundings, lenience of risk, ambiguity and uncertainty, flexibility, obsessed to obtain opportunities, leadership and good communication skill (Mullins 2012). Services Description Organizing business places Capable to organize business places such as offices, retail stores and working areas in a rightful manner so that it will be able to store more inventories while allowing customers to roam freely. Time of completion will depend on size of the area. Organize home places With proper security and monitoring facilities, organizing home places in way that it will suit modern style and priorities. Figure 2: Small business model (Source: Author)) References Hamid, A.H.A., Rozan, M., Ibrahim, R., Deris, S., Nik Rushdi, H. and Yunus, M.N., 2013. Business process analysis of emergency plan using work system theory. Journal of Information Systems Research and Innovation (JISRI), 3, pp.37-43. Hammad, A., 2013. An analysis of Timmons' model for entrepreneurial process. Kiznyte, J., Welker, M. and Dechange, A., 2016. Applying Project Management Methods to the Creation of a Start-up Business Plan: The Case of Blendlee. Massa, L. and Tucci, C.L., 2013. Business model innovation. The Oxford Handbook of Innovafion Management, pp.420-441. Mullins, J., 2012. The new business road test: What entrepreneurs and executives should do before writing a business plan. Pearson UK. Thomas, D.F., Gudmundson, D., Turner, K. and Suhr, D., 2014. Business Plan Competitions and Their Impact on New Ventures' Business Models. Journal of Strategic Innovation and Sustainability, 10(1), p.34.

Advertising for Advocates free essay sample

A bar on advertising for Advocates in India under Advocates Act,1961 and Bar Council of India Rules† ANALYSED BY: MOSES PINTO 5TH YEAR LL. B. (HONS. ) ROLL NO. 512 ACADEMIC YEAR: 2012-13 PREFACE After the Second World War the International Economic Order which emerged, encouraged Free Trade in goods amp; services. India was a founder signatory to the General Agreement on Tariffs and Trade (GATT) since 1947, which led to the formation of WTO, on 1st  January 1995. This has led to a whole wide debate in India over the stringent laws governing code of ethics and morality of Legal Professionals on one hand and the WTO laws on the other hand. This debate revolves around major issues pertaining to the objectives of legal profession, consumerism, social justice, Indian commitment to WTO regime, competition law etc. Some professionals argue that the shift in trade nature of legal services shall hamper ‘professional ethics’ and concept of ‘justice to all’. We will write a custom essay sample on Advertising for Advocates or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Some others say that the regulations imposed on the legal services sector are contrary to the goals and purpose of competition policy and Competition Act, 2002. At the heart of this controversy lies the issue of legal advertising. The lawyers in India are barred from advertising their profession considering the profession to be a noble one and such advertising to be derogatory to that profession. Advertisements are a forum for establishing the utility of goods and services. Further, it enhances and encourages competition in the relevant market by providing a forum for launching of new products. To cope up with the WTO laws and norms and looking at the current trend which has subjected legal profession to trade laws, it has become inevitable to allow the legal professionals to advertise and to rethink about the policy of law in India. People think whether this kind of ban based on age old norms is viable in this modern era. The debate of the hour in the Indian legal world is on why the profession should have very strict curbs on promoting its services stemming from laws that originate from British thinking when the country from where it originates has itself done away with the curbs? In the view of the above background, I would like to discuss the laws banning the advertising for legal professionals in India and their implications, considering the position of such laws in other developed countries owing to the WTO norms. INDEX I. CHAPTER I: The Law on Legal Advertising in India * The law under Bar Council of India Rules; * The Judiciary on this rule II. CHAPTER II:  Law in other Countries * Position in U. K. * Position in U. S. * Position in other countries III. CHAPTER III: The Constitutional validity of Rule 36 IV. CHAPTER IV: Disadvantages of banning Legal Ads * Consumerism and Informed Choice * Advertisement on Internet * Other disadvantages * Need for regulating the advertising V. CONCLUSION. I. CHAPTER I: The Law on Legal Advertising in India After taking into account the recommendations of the Law Commission on the subject of Reform of Judicial Administration relating to the Bar and to legal education and to implement the recommendations of the All India Bar Committee made in 1953, the Indian Legislature came up with the Advocates Act, 1961. This act under the section 4 forms a Bar Council of India to regulate all the legal professionals and legal education in India. The Bar Council of India is the central institution for supervising and monitoring the growth and development of legal services and the functioning of advocates amp; related firms amp; corporations in India. Pursuant to the functions of Bar Council of India under section 7 and its power to make rules under section 49 of the said Act, it has enacted the Bar Council of India Rules which are binding on all the legal professionals in India. The law under Bar Council of India Rules There is a complete ban on advertising for lawyers in India. The Bar Council of India, pursuant to its functions mentioned under Section 7(1)(b)[9] of the Advocates Act read with its powers to make rules under Section 49(1)(c)[10] has framed Rule 36 of the Bar Council of India Rules under Section IV(Duty to Colleagues) of Chapter II(Standards of Professional Conduct and Etiquette) of P art IV(Rules Governing Advocates). Rule 36 reads as under: â€Å"An advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interviews not warranted by personal relations, furnishing or inspiring newspaper comments or producing his photographs to be published in connection with cases in which he has been engaged or concerned. His sign-board or name-plate should be of a reasonable size. The sign-board or name-plate or stationery should not indicate that he is or has been President or Member of a Bar Council or of any Association or that he has been associated with any person or organisation or with any particular cause or matter or that he specialises in any particular type of work or that he has been a Judge or an Advocate General. † Thus, it is against an advocate’s code of ethics to solicit or advertise work and amounts to a misconduct on the part of the advocate. Both direct and indirect advertising is prohibited. An advocate may not advertise his services through circulars, advertisements, touts, personal communication or interviews not warranted by personal relations. Similarly, the following forms of indirect advertising are prohibited: A. by issuing circulars or election manifestos by a lawyer with his name, profession and address printed on the manifestos, thereby appealing to the members of the profession practising in the lower courts who are in a position to recommend clients to counsel practising in the high court B. anvassing for votes by touring in the province or sending out his clerk or agents to the various districts, which must necessarily mean directly approaching advocates practising in subordinate courts. Further, the signboard or nameplate displayed by an advocate should be of a reasonable size. It should not refer to details of an affiliated by the advocate i. e. that he is or has been president or member of a bar council or of any association, or he has been a Judge or an Advocate-General, or that he specialises in a particular kind of work, or hat he is or was associated with any person or organisation or with any particular cause or matter. Further advertising on internet is also prohibited. Bar Council of India, in a notice dated 21st October 1999, reaffirmed that such ‘advertisements’ on the Internet are considered an offence. It ordered all the legal Websites to be withdrawn immediately, under threat of legal action ranging from temporary suspension to permanent debarring of the lawyer from practice. The above rule has been vehemently enforced by the Bar Council of India, simply disregarding all the criticisms made against this archaic rule. Further, the words of Section IV of Chapter II of Part IV of Bar Council of India Rules are clear i. e. â€Å"Duty to colleagues†. This means that the another reason behind enactment of such a norm is to prevent the advocates, law firms, etc from enticing the clients of their adversary and to snatch away the business of their adversary. Such a law is also made in order to help the small and unknown advocates and firms to rise in the market and do business. The purpose behind it is to prevent a set of lawyers from taking unreasonable advantage. Also such a law prevents lawyers from falling below their dignity in order to fetch clients by doing anything and thus degrading the nature of the profession. * The Judiciary on this rule The courts have more or less agreed with the view of the Bar Council and have implemented the rule laid down by the Council pertaining to advertising. The Supreme Court of India observed in  Bar Council of India  v. M. V. Dhabolkar, that   â€Å"†¦.. the canons of ethics and propriety for the legal profession totally taboo conduct by way of soliciting, advertising, scrambling and other obnoxious practices†¦.   It further noted that  Ã¢â‚¬Å"Law is not a trade, not briefs, not merchandise, and so the heaven of commercial competition should not vulgarize the legal profession†. The Allahabad High Court  observed that self advertising tends to lower the dignity of this honourable profession and is undoubtedly akin to touting. The Bombay High Court in   Government Pleader  v. S, a Pleader considered sending a circular postcard merely giving the address and description as an improper conduct by the Advocate. The High Court of Madras went one step ahead in SK Naicker  v. Authorised Officer and held that even a sign board or a name-plate should be of a moderate size. It has been further observed that writing of articles for publication in newspapers under his signature, where the writer describes himself as an Advocate practicing in the court as a flagrant breach of professional etiquette. Thus, legal advertising by far is a taboo in India and the courts have more or less approved and agreed with this rule framed by Bar Council of India. II. CHAPTER II:  Law in other Countries Legal advertising has been an important and widely used tool of communication in many common law countries and in most of the developed countries like US, UK, etc. It is used by the lawyers to promote their professional services. It is allowed in most of the countries with regulations regulating it as compared to India where it is completely banned. In these countries the regulation is done in order to avoid false, misleading amp; deceptive advertisements but advertisements displaying truth are allowed. The legal system is often a mystery, and we, its priests, preside over rituals baffling to everyday citizens. Henry Miller * Position in U. K. The provision banning advertisement adopted in India has its roots in Victorian notions of U. K. which considered each and every profession to be noble and stated that such a regulation is necessary in order to preserve the dignity and nobility of this profession. Earlier, in U. K. too advertising was banned for professionals like lawyers. But later this ban was lifted. The Monopolies and Mergers Commission in 1970 and the review given by the Office of Fair Trading in 1986 pointed out at the advantages of letting the professionals advertise and the benefits availed by from relaxing such norms. Ultimately the ban was lifted and the restrictions lowered and thus legal marketing and legal advertising became a reality in U. K. * Position in U. S. In U. S. the position was somewhat similar to that in India until 1977. There was a complete ban on advertising for legal professionals. This position took a complete U-turn after the decision of the U. S. Supreme Court on 27thJune 1977 in the case of   Bates  v. State Bar of Arizona. The Supreme Court validated legal advertising and invalidated the law of State Bar of Arizona banning legal advertising by a majority of 5:4 holding such a law violative of First Constitutional Amendment. Prior to this case, the U. S. Supreme Court validated commercial advertisement and gave its scope in the 1942 case of Valentine  v. Chrestensen. Later in   Bigelow   v. Virginia   (1975) and in  Virginia State Board of Pharmacy  v. Virginia Citizens Consumer Council Inc. (1976) the U. S. S. C. nvalidated laws restraining ads marketing abortion services and ads showing prices of prescription drugs on the basis that they violated First Constitutional Amendment i. e. Freedom of Speech and Expression and held that  Ã¢â‚¬Å"the free flow of commercial information is indispensable. † All these decisions were adopted in the Bates’ judgment by the US SC and it was held that truth ful legal advertising should not be prohibited as there is nothing wrong in it. The court invalidated in this appeal the law prohibiting legal advertising holding it to be violative of freedom of speech and expression guaranteed by the First Constitutional Amendment. Justice Blackmun argued that commercial speech does merit First Amendment protection given the important functions it serves in society, such as providing consumers with information about services and products, and helping to allocate resources in the American system of free-enterprise. The Court held that allowing attorneys to advertise would not harm the legal profession or the administration of justice, and, in fact, would supply consumers with valuable information about the availability and cost of legal services. But the states are allowed to regulate and monitor the advertising by advocates. This is evident from the later judgments of various state Supreme Courts which have upheld the laws regulating and restricting certain practices of legal advertising. * Position in other countries The position in other developed countries is also quite clear. Advertising is allowed in most of the countries. In France, though the law is not that liberal, it stands somewhere between Indian and U. K. position. There is not a complete ban on advertising. Also in Italy, the legal marketing has been legalized by the Bersani Decree of 2004 which was enforced in 2007. This has been true for most of the European countries like Germany, Spain, etc. Legal Advertising is a reality everywhere. Besides countries in the West, Asian countries such as Hong Kong, Singapore and Malaysia have been progressively relaxing their regulations on legal advertising to adapt to global demands. For instance, Malaysia’s Legal Profession (Publicity) Rules, passed in 2001 is a simple yet comprehensive code that regulates advertisements in legal and non-legal directories, controls publication of journals, magazines, brochures and newsletters by lawyers and interviews in electronic and print edia, bars publicity through clients and even includes a rule that regulates lawyers sending greeting cards on special occasions. In Hong Kong, lawyers are forbidden from advertising on television, radio and cinema. Though advertising in print is permissible, larger firms prefer alternative strategies such as engaging in aggressive client and public relations programmes and bran ding exercises. Even in Singapore the legal advertisements are allowed with certain restrictions. Thus, it is clear that most of the countries have adopted a liberal policy towards legal advertising and has allowed it to meet the global demands and compete with the other countries. This has resulted only in advantages and benefits for those countries and no harm is done on the contrary. III. CHAPTER III: The Constitutional validity of Rule 36 The Rule 36 of Bar Council of India Rules, prohibit advocates from advertising. This Rule cannot be challenged with regards to A. 19(1)(a) i. e. reedom of speech and expression as done in US in the case of  Bates  v. Arizona State Bar, because of the decision of Indian Supreme Court in the case of  Hamdard Dawakhana  v. Union Of India. The Supreme Court came on to decide validity of law banning advertisement for the sale of certain medicines in this case against A. 19(1)(a) of Constitution of India. The Court held that: â€Å"An advertisement is no doubt a form of speech but its true character is reflected by the object for the prom otion of which it is employed. It assumes the attributes and elements of the activity under Art. 9 (1) which it seeks to aid by bringing it to the notice of the public. When it takes the form of a commercial advertisement which has an element of trade-or commerce it no longer falls within the concept of freedom of speech for the object is not propagation of ideas – social political or economic or furtherance of literature or human thought;  but as in the present case the commendation of the efficacy, value and importance in treatment of particular diseases by certain drugs and medicines. In such a case, advertisement is a part of business even though as described by Mr. Munshi its creative part, and it was being used for the purpose of furthering the business of the petitioners and had no relationship with what may be called the essential concept of the freedom of speech. It cannot be said that the right to publish and distribute commercial advertisements advertising an individual’s personal business is a part of freedom of speech guaranteed by the Constitution. † In the view of the above decision, the commercial advertisement is not a part of freedom of speech and expression and thus ban on advertisement for advocates is justified to be falling within reasonable restriction as stated under A. 9(2). The only remedy left is to challenge its constitutional validity against A. 19(1)(g) i. e. freedom to carry on Trade, Profession or Business. Article 19 (1) (g) of the Constitution of India confers every citizen with the right to choose his own employment or to take up any trade or calling. This right is impregnated with an implied right for availing all the mechanisms and resources – including advertising – for effective carrying of the trade or occupation provided it doesn’t go against public interest. Any blanket bar on this right would be unreasonable when there is an option of constituting a specialized government body that would examine the content of the advertisement. The question that remains is whether legal profession falls under the category of trade or business so as to avail the above right? Even though the judiciary in the words of Justice Krishna Iyer, has held that Legal Profession is such a noble Profession that it cannot form a part of trade or business,   the recent trend of the courts is to justify this profession as a rade. Over the years, the courts have recognized ‘Legal Service’ as a ‘service’ rendered to the consumers and have held that lawyers are accountable to the clients in the cases of deficiency of services. In the case of  Srinath  v. Union of India, the Madras High Court held that, in view of Sec. 3 of Consumer Protection Act, 1986 that Consumer redressal forums have jurisdiction to deal with claims against advocates. Sec. 2 (U) of the Competition Act, 2002 defines the term ‘Service’ along the lines of the Consumer Protection Act, 1986. Also the decision of Supreme Court in  Bangalore Water Supply and Sewerage Board  v. A. Rajappa,  holds that legal profession is covered under the definition of the term Industry under the Industrial Disputes Act, 1947. Further it should be noted that India is a part of WTO and is subjected to WTO laws and legal services are listed as a subsection of Business Services in WTO Services Sectoral Classification list. In the view of the above background, the fundamental right to advertise guaranteed under A. 19(1)(g) can be given to the legal professionals to promote their services. This right thus, can be taken away only by imposing a reasonable restriction under A. 19(6) of the Constitution The Supreme Court further observed that: â€Å"Unless it is shown that there is a reasonable relation of the provisions of the Act to the purpose in view, the right of freedom of occupation and business cannot be curtailed by it†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. the phrase ‘reasonable restriction’ connotes that the limitation imposed on a person in enjoyment of the right should not be arbitrary or of an excessive nature,  beyond what is required in the interests of the public. The word ‘reasonable’ implies intelligent are and deliberation, that is, the choice of a course which reason dictates. Legislation which arbitrarily or excessively invades the right cannot be said to contain the quality of reasonableness and unless it strikes a proper balance between the freedom guaranteed in Art. 19 (1) (g) and the social control permitted by cl. (6) of Art. 19, it must be held to be wanting in that quality. † Restrictions can be laid by regulating and monitoring the advertising but not completely banning it as it would be going beyond what is required as regulating the advertisement is sufficient in public interest. Presently a writ petition is pending before the Indian Supreme Court challenging this rule of Bar Council of India. The petition was filed by Mr. V. B. Joshi who is an advocate practicing in the Supreme Court. In the last hearing of this matter in September 2007, the Government agreed to relax this law a bit. The Government agreed to allow the lawyers advertise on their own website and to enter their name into online directories but all these to be done under a committee monitoring it. IV. CHAPTER IV: Disadvantages of banning Legal Advertisements Globalization brought about a revolution in international trade with increasing participation and involvement of countries The implication of the same on the legal service sector has been both quantitative and qualitative. The past decade has been mini-revolution in legal service sector with the greatest legal impact on corporate legal arena activities in project financing, intellectual property protection, environmental protection, competition law, corporate taxation, infrastructure contract, corporate governance and investment law were almost unknown before 90’s. Globalization has expanded the internal and external demand for legal services. Today trade in legal services is an inevitable fact and is at the same time significant for progressive development of legal profession in India in this era of Globalization. * Consumerism and Informed Choice In the age of consumerism and competition law, consumer’s right to free and fair competition is paramount and cannot be denied by any other consideration. Informed choice is one of the rights of a consumer. Ban on advertising leads to depriving consumers of valuable information about the advocates. This has resulted in a situation where consumers cannot make an informed choice from the competitive market since information relating to the service is not available to them. Moreover restriction on professional firms on informing potential users on range of their services and potential causes further injury to the competition. The services available to consumers of India are only domestic legal service providers and consumers most often are left at the mercy of advocates and the system . Thus it is very detrimental as they cannot resort to any other service provider in absence of choice. Advertisement on Internet Looking at the recent trend of Globalization and India joining the WTO, it has become inevitable to let lawyers advertise to compete in the global market. Not allowing lawyers to advertise has resulted in Indian lawyers losing a lot of potential clients internationally. It is realized that in this era of cyber age instead of turning to the Yellow Pages, the public increasi ngly uses online search engines and other Internet tools to find needed goods and services and with the concepts of legal process outsourcing increasing, i. . to find cheap legal services, people from countries like UK and US and other developed countries search for such services online. But these searches results in not a single Indian attorney or advocate or a law firm as India bans advertising by them as compared to other neighboring Asian countries which allow it and hence a lot of potential clients are lost, in turn affecting the economy of India largely. Thus, India has lost lot of economic revenues and thus it would be beneficial for India’s economy to lift the ban on advertising for advocates. The Government has recently agreed on lifting it but only allowing the advocates to advertise on their own websites and in online legal directories. But no one knows when this will be implemented. * Other disadvantages The report of Monopolies and Mergers Commission in U. K. stated that restrictions on advertisement by professionals reduce the stimulus to efficiency, cost saving, innovation, new entry to professions and competition within the professions. Thus, new entrants who require to establish their name in the market in order to get clients, are deprived of doing so through advertising as this is the most simplest and easiest method to enter into a market. Also restrictions enhance the more undesirable effects of less open methods of self promotion. Also they could give a false image to a profession. Thus banning advertisement by lawyers is completely disadvantageous to the Indian society as a whole. * Need for regulating the advertising The need of the hour is to lift the total ban on advertising by advocates but not to completely let it free. It is required to be regulated. In case it is not monitored and regulated, then there would be lot of malpractices of misrepresentation, deceptiveness and false advertisements which would affect the society and degrade the nobility of this profession. The U. K. ’s Monopolies and Merger Commission in its report stated that the restrictions on legal advertising should be lifted but the law must also provide that: 1. No advertisement, circular or other form of publicity used by the member should claim for his practice superiority in any respect over any or all of the practices of other members of the profession. . Such publicity should not contain any inaccuracies or misleading statements. 3. While advertisements, circulars and other publicity or methods of soliciting may†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. make clear the intention of the individual member to seek customers, they should not be of a character that could reasonably be regarded as likely to bring the profession into disre pute. Thus, it is required that the advertising by legal professionals be regulated in order to avoid instances of ambulance chasing, barratry, misrepresentation, etc. This kind of regulation is also permissible under A. 9(1)(6) of Constitution of India in the interests of public. V. CONCLUSION The ban on legal advertisements in India has not proved healthy so far for the Indian economy as well as Indian consumers. India has adopted WTO laws and a free market policy and thus accepting ‘trade’ facet of legal services would develop this profession qualitatively. The Raghvan Committee has summed up the effect of the existing regulatory system in professional services as â€Å".. the legislative restrictions in terms of law and self-regulation have the ombined effect of denying opportunities and growth of professional firms, restricting their desire and ability to compete globally, preventing the country from obtaining advantage of India’s considerable expertise and precluding consumers from opportunity of free and informed choice. † Time is ripe to break shackles of this overwhelming regulation subjecting legal profession away from modernity and banning it from advertising. India must remember its commitment to WTO for opening service sectors including, legal services, globally. Thus all the regulations have to be in conformity with competition policy and the Act. Hence, there is a craving need to lift this ban and to form rules and policy to monitor and regulate legal advertising. A committee could be formed to ensure compliance but laying blanket ban on legal advertising would hamper development and growth of India. BIBLIOGRAPHY Articles, Websites, Reports and others: 1)  Ã‚  Abhibav Kumar, â€Å"Lawyers must be allowed to advertise†, at http://news. indlaw. com/guest/columns/default. asp? abhinav (last visited on 25th November, 2007). 2)  Ã‚  Anubha Charan, â€Å"Is it unethical for lawyers to put up their own Website? , October 15, 2001, at http://www. rediff. com/search/2001/oct/15law. htm (last visited on 24th November, 2007). 3)  Ã‚  Bar Council Entry of Foreign Lawyers in India, August 30, 2003 at http://www. news . indiainfo. com/ (last visited on 22nd November, 2007). 4)  Ã‚  Bhadra Sinha, â€Å"Lawyers may be allowed web ads†, September 19, 2007, at www. hindustantimes. com (last visited on 20th November 2007). Also see Supra note 6. 5)  Ã‚  Cyber Search – What Does Search Engine Marketing Mean For Solicitors? , at http://www. samsonconsulting. co. uk/legal-marketing-article-cyber-search. htm (last visited on November 25, 2007). )  Ã‚  David L. Hudson, â€Å"Bates participants reflect on landmark case†, at http://www. firstamendmentcenter. org/analysis. aspx? id=14394 (Last visited on 22nd November, 2007) 7)  Ã‚  http:// en. wikipedia. org/Legal_Advertising (last visited on 22nd November 2007). 8)  Ã‚  Lawyer can’t be blamed if his name appears in print, says Punjab A-G, May 25, 1999, at http://www. indianexpress. com/res/web/pIe/ie/daily/19990525/ige25114. html (last visited on 18th November 2007). 9)  Ã‚  Legal Websites, A World Wide Web Of Opportunies, at http://www. samsonconsulting. co. uk/legal-marketing-article-solicitors-websites. tm (last visited on 22nd November , 2007). 10)  Ã‚  Malathi Nayak, India  debates letting lawyers advertise, at http://www. livemint. com/2007/10/21235346/India-debates-letting-lawyers. html (last visited on 25th November, 2007). 11)  Rajiv Dutta, â€Å"World Trade Organization and Legal Services: The Indian Scenario†, at www. insolindia. com/shimlaPDFs/worldTradeOrg. pdf (last visited on 23rd November, 2007). 12)  Report on Trade in Legal Services, â€Å"Trade in Services: Opportunities and Constraints†, Ministry of Commerce, Government of India, Executed by Indian Council for Research in Economic Relations, Coordinator(s) N. L. Mitra and T. C. A Anand. 13)  Ã‚  Singh  Lalithakumar I. , â€Å"A View on Legal Profession†, AIR 2006 (Jour. ) 1. 14)  Ã‚  Statement of Objects and Reasons, The Advocates Act, 1961. 15)   Ã‚  Swapnil Joshi, â€Å"Changing Face Of The Legal Profession In India In The Era Of Globalization†, at http://www. legalserviceindia. com/articles/lprof. htm (last visited on 25th November, 2007). 16)  V K Aggarwal, â€Å"Professional Advertising: A comparative analysis in the changing milieu†, 7th National Conference of Practising Company Secretaries. 7)  World Bank Report on Emerging Service Sector, 1999 quoted in The Raghvan Committee Report on Competition Law, 2000. 18)  www. legalmarketing. it (official legal marketing Italia website, last visited on 24th November 2007). Dictionaries: 1)  H. Black, Black’s Law Dictionary (5th ed. , St Paul: West Publishing Co. , 1979) 1059. 2)  Ã‚  The Concise Oxford Thesaurus compiled by Kirkpatrick Betty; Ox ford University Press. 3)  Webster’s New English Dictionary; Black Dog amp; Leventhal Publishers Inc, 2nd Edn 1995.

Ruth Benedict & Margaret Mead Essays - Cultural Anthropologists

Ruth Benedict & Margaret Mead Essays - Cultural Anthropologists Ruth Benedict & Margaret Mead Ruth Benedict & Margaret Mead After high school, Ruth Benedict took a year off to travel overseas. Upon returning home she was unsure of what she wanted to do with her life. Years later, she married Stanley Benedict, a Biochemistry Professor at Cornell Medical School. In the fall of 1919, Ruth went back to school and began to focus more on anthropology. She studied under the famous diffusionist Franz Boas and became his assistant. Ruth taught Margaret Mead. Ruth and Margaret became good friends and developed a shared need of each other. Ruth concentrated most of her efforts on researching and studying different cultures on which many of her writings were based. She wrote of the differences between the cultures around the world and talked about different patterns related to culture and behavior. Ruth was very talented in summarizing and clearly arranging facts which were characteristic of her writings and ultimately her approach to anthropology; this, perhaps, may be the reason many of her reviews were published in professional papers and magazines throughout her career. Ruth Benedict was a very important figure in early anthropology and even more so in cultural anthropology. She was one of the first female anthropologists of her time. Her books serve as a referral of humanistic thought in the 20th century. Ruth Benedict has helped shape the discipline of anthropology not only in the United States, but also for the rest of the world. After a year at Depauw University at Greencastle, Indiana, Margaret Mead, entered Barnard College, Columbia University. It was here that she decided to make anthropology her major. She later received her B.A. degree. She also got her M.A. degree in psychology. In 1929, she received her Ph.D. Dr. Margaret Mead is a specialist in what she herself describes as conditioning of the social personalities of both sexes. She had several field trips. First, she was in the Samoan Islands and than the Manus tribe of the Admiralty Islands in the West Pacific Ocean. In 1930, Dr. Mead went to study an American Indian Tribe the identity that is hidden by the name of the Antlers in her book noting her findings and conclusions. Between 1931 and 1933, Dr. Mead went in the New Guinea area to do research on three contrasted tribes, the Arapesh, the Mundugumor, and the Tchumbuli. For three years, starting in 1936, Dr. Mead was busy on fieldwork in Bali and New Guinea. She has always found her profession so different that she has not felt the need for a hobby; she reportedly enjoys the theater and reads good poetry.

Case Study Essay Example | Topics and Well Written Essays - 500 words - 32

Case Study - Essay Example Under normal circumstances, the Federal Emergency Management Agency (FEMA) was expected to take a leading role in providing relief to the affected people but in this case, it is seen working against its mandated task. The then director, Brown, turned down offers of assistance from the police, army as well as the other relief agencies and this was only compounded by a directive that prohibited all the emergency services departments not to respond to any call to assist the victims of the hurricane without being lawfully requested. A year passed after the devastating Katrina but a greater part of New Orleans remained in ruins with little reconstruction taking place. In my own opinion, I think the responsible authorities neglected the areas that were hardest hit by the hurricane. Instead of responding positively through offering assistance to the affected people, they are seen blocking emergency relief as if the disaster was premeditated. Natural disasters are not controlled by man and they cause untold suffering to the affected people, hence the need to put measures in place that are meant to avert the impacts of these disasters. The government is the main body representing all the citizens and it has the responsibility of ensuring that the welfare of its citizens is up to standard. In case of unprecedented natural disasters, all the levels of government in collaboration with other relief providers should take a leading role in ensuring that all the affected people get the needed assistance. Measures to ensure disaster preparedness should always be in place and the government should offer quick responses whenever there is a serious disaster unl ike the case of New Orleans where the responsible authorities are seen blocking aid. It is recommended that public policies which do not discriminate against race or creed must be enacted and fully implemented in all states. It is highly probable that the victims of Hurricane Katrina in New Orleans were neglected on the

Pedophiles and Lack of Harsher Punishment Essay

Pedophiles and Lack of Harsher Punishment - Essay Example Thus, for most people, the term pedophilia is not a legal term but a diagnostic one. Prosecutors and law enforcement in cases involving computers frequently use the word pedophilia (Borgeson and Kuehnle, 2010). Hall and Hall (2007) state that pedophilia is a clinical diagnosis generally made by a psychologist or psychiatrist. It is neither a legal nor criminal term like forcible sexual offense, and legal term id generally used in criminal statistics. There are laws that govern acts committed by pedophiles. One such law is the Megan’s law. However, it is difficult to estimate how the Megan’s law affects pedophiles. The definition of the term pedophilia does not allow the determination of whether the pedophilic individual is a sexual offender (a child molester) or not. It is important to note that not all pedophilic individuals are child molesters. An individual with any paraphilia condition can be legally involved in it through masturbation and fantasizing (Borgeson and Kuehnle, 2010). Punishments given to those who commit pedophilia usually vary. There are states where the punishment is harsher compared to other states. In regard to punishment, there is an ongoing debate on whether the punishment for those committing sexual assault crimes should be made harsher or not. However, majority of the people are of the opinion that harsher or tougher laws will reduce the occurrence of these crimes (CQ Press, 2006). Thus, punishments for those who have committed pedophilic crimes should be made harsher. Harsher punishment will reduce the rate of pedophilic crimes. The aim of this study is to evaluate the form of punishment given to sexual offenders such as pedophilic individuals and propose the punishments to be harsher or tougher. As stated before, experts are of the opinion that harsher punishment will reduce the incidences of sexual crimes. In some states, there are tests done to ascertain if the individual has really reformed before release from prison . In Texas, sixteen months before the release of an offender, the Texas Department of Criminal Justice can have the individual evaluated to know whether he is an SVP (sexually violent predator). If the individual is found to be an SVP, then he is eligible for treatment as an outpatient sex offender upon his release (Garib, 2011). The study is of great significance because the majority of the sex offenders are treated with blanket punishment, thus, they cause collateral consequences which develop more risk to the entire public (Hiller, 2011). Failure to treat pedophilic individuals and their release back to the society defeat the whole purpose of child protection. Despite the fact that experts are advocating for harsher punishments, there is a need for an individual to be treated before he is released to the society. This makes sure that the individual is fully reformed after he has served his sentence in prison and the risk of children being harmed is reduced. Literature Review A pe dophile and a child molester have been often confused by child abuse professionals, the media, and the general public. They regard pedophiles as all individuals who sexually victimize children. However, there is no uniform definition of the word pedophile. It is important to note that pedophilia is a psychiatric diagnosis done only by qualified psychiatrists or psychologists. Not all child molesters are pedophiles. As mentioned before, an individual suffering from any form of paraphilia can be legally involved in it through

HSBC and Foreign Market Strategies

HSBC and Foreign Market Strategies 1. Introduction With assets of US $1,502 billion, HSBC Holdings is one of the largest banking and financial services organisations in the world.1 It provides a comprehensive range of financial services including personal financial services, commercial and corporate banking, investment banking and markets, private banking, and other activities. HSBCs international network comprised over 9,500 offices in 76 countries and territories in Europe, the Asia-Pacific region, the America, the Middle East and Africa. 1. 2. Literature Review What determines foreign market entry strategies? To answer this question, most existing literature has focused on the characteristics of the entering firm, in particular its resources and capabilities (Barney, 1991; Anand and Delios, 2002) and its need to minimize transaction costs (Buckley and Casson, 1976; Anderson and Gatignon, 1986; Hill, Hwang, and Kim, 1990). While resources and capabilities are certainly important (Peng, 2001), recent work has suggested that strategies are moderated by the characteristics of the particular context in which firms operate (Hoskisson et al., 2000; In particular, institutions—the ‘rules of the game—in the host economy also significantly shape firm strategies such as foreign market entry (Peng, 2003; Wright et al., 2005). In a broad sense, macro-level institutions affect transaction costs (North, 1990). However, traditional transaction cost research (exemplified by Williamson, 1985) has focused on micro-analytical aspects such a s opportunism and bounded rationality. As a result, questions of how macro-level institutions, such as country-level legal and regulatory frameworks, influence transaction costs have been relatively unexplored, remaining largely as ‘background. However, a new movement in research posits that institutions are far more than ancillary elements, and that institutions directly influence what resources a firm has at its disposal as it strives to develop and launch strategy. Nowhere is this point more clearly borne out than in emerging economies, where institutional frameworks differ greatly from those in developed economies (Khanna, Palepu, and Sindha, 2005; Meyer and Peng, 2005; Wright et al., 2005; Gelbuda, Meyer, and Delios, 2008). Given these institutional differences, how do foreign firms adapt entry strategies when entering emerging economies? Focusing on this key question, it can be argued that (1) institutional development (or underdevelopment) in different emerging economie s directly affects entry strategies, and (2) investors needs for local resources impact entry strategies in different ways in different institutional contexts. In essence, we advocate an integrative perspective calling not only for explicit considerations of institutional effects, but also for their integration with resource-based considerations. An analysis of theory developed specifically out of changes to global markets shows little development of the standard theories of market segmentation, differentiated pricing and appropriate distribution channels which underpinned local and domestic marketing theory. However, the literature over the past five years has shown a particular set of theoretical models specific to global marketing. Hollensen, S (2007) discusses the Upsalla International Model which suggests a sequential pattern of entry into international markets with an increasing â€Å"commitment† to overseas markets as the international experience of the firm grows. He contrasts this with a traditional approach of what is termed as the Penrosian tradition which returns us to the economy of scale and a cost-led approach working from the firms core competencies. Dunning (1998) suggests a similar Ownership-Location-internalisation (OLI) framework identifying an â€Å"ownership advantage† of establishing overs eas production facilities, a locational advantage which builds a logistics network around the overseas production and, finally, an internalisation advantage where it must be economical for a firm to utilise the previous two advantages rather than sell them to a foreign firm. Similar to the development of the standardisation-localisation model emerging to deal with the specific choices related to international market entry the identification of risk mitigation factors salient to international marketing has developed rapidly. Baker, M (1993) recognises the risk mitigation inherent in internationalisation, protecting the firm from adverse fluctuations in the national economic cycle. Hollensen, S (2007) concurs, outlining the ownership, operating and transfer risk in being attached purely to domestic markets. All of the literature, in short, is strong on identifying the risks of domestic-based marketing, however there is scant coverage of the specific risks of internationalisation 2.1 Factors Affecting Market Entry Models Comprehensive models are easily identifiable in the literature and cover diverse entry modes, total product offer, and maturity models, Hollensen, S (2007). Earlier literature is more product-based than market-led, as with Majaro, S (1993) who presents three approaches to entering a product onto the international market: the development of new products, the deletion of weak products and the modification of new products. Hollensen, S more or less deals with market maturity as a key consideration of entry. Two distinct models suggested here are the waterfall approach where the product is disseminated from advanced through developing to less developed countries and the shower approach where all three are simultaneously targeted where early market penetration is a goal. Overall, the literature is consensual on the fact that shorter product lifecycles are the salient feature of internationalised markets. 2.2 Internal Factors With assets of US $1,502 billion, HSBC Holdings is one of the largest banking and financial services organisations in the world.1 HSBC provides a comprehensive range of financial services including personal financial services, commercial and corporate banking, investment banking and markets, private banking, and other activities. HSBCs international network comprised over 9,500 offices in 76 countries and territories in Europe, the Asia-Pacific region, the America, the Middle East and Africa. It was a pioneer of modern banking practices in a number of countries. A growth oriented company from its earliest days, in 2000, HSBC decided to launch concrete strategies to attain market leadership in all sectors it operated in. Though the company was amongst the leading players in areas such as consumer finance, personal financial services, commercial and corporate banking, it also wanted to establish its presence in areas such as investment banking, mortgage, insurance and credit card business. To strengthen its product portfolio and geographical reach, the company embarked on an aggressive acquisition strategy. The focus was on areas where HSBC was either weak or did not have a presence. Simultaneously, the company launched an aggressive branding exercise to complement its growth strategy. The geographical reach of the bank could be estimated by its presence in form of the subsidiaries and franchises. It has nearly 200,000 shareholders in some 100 countries and territories. The shares traded on the New York Stock Exchange in the form of American D epositary Receipts. HSBC was also listed on the London, Hong Kong, New York, Paris and Bermuda stock exchanges. In late 1998, the Group adopted the HSBC brand and the hexagon symbol as a unified brand in all the markets where it operated. The bank adopted the tagline ‘Your world of financial services in 1999. With the new tagline, HSBC hoped to acquaint customers with the extent and the range of its financial services. The tagline and the unification of the business under one name emphasised the global reach of the group. In early 2000s, HSBC vigorously worked towards developing its banking and financial services to gain market leadership. In 2002, the HSBC changed the tagline to ‘The worlds local bank, the tagline emphasised the groups experience and understanding of a great variety of markets and cultures. The group chairman said ‘We are committed to making HSBC one of the worlds leading brands for customer experience.1 as part of the ‘Managing For Value Strategy In 1998, HSBC launched the above strategy to set the conditions for future success in a fast-changing market. The company hoped to beat the total shareholder return delivered by competing financial institutions. To do so, it needed to enter areas that promised returns that were higher than the risk-adjusted cost of capital. It decided to offer wealth management services, personal asset management and insurance services to its customers. Its objective was to cross-sell a wide range of products around the globe, including mortgages, insurance, mutual funds, and credit cards. As a first step, the company decided to eliminate bad growth strategies i.e. those which had failed to cover the cost of capital. As a part of its value-based profitability drive, it adopted several measures which targeted higher-value creation at the bank. Managers and staff adopted behavioural practices such as targeting high-net-worth customers through several prestigious credit card schemes, strengthened the sales culture of staff by ways of incentives and promoting client cross-referral across the different business divisions, running more loyalty programmes for customers to capture a greater share of creditworthy customers. Like some other companies, HSBC has also developed international programs with their own incentive and compensation systems, performance metrics, and opportunities to groom managers for global positions (Exhibit 3, on the next page). Such programs, which often provide training focused on tolerance and cultural awareness, aim to produce managers who are well versed in a companys distinctive capabilities but flexible enough to deal successfully with novel situations. These managers learn to distinguish the nonnegotiable aspects of a business model from those that can be modified as necessary. Ranbaxy, whose current CEO is British, is one of the companies working to develop this kind of global cadre. Its country managers move to new locations as soon as they are ready to assume larger challenges. 2. 3. External Factors 3.1 Barriers to market entry 3.1.1 Regulation Firms in regulated industries face a significant strategic dilemma when expanding abroad. On the one hand, established theory and practice recommend following a gradual, staged model of international expansion so as to minimize risks and cope with uncertainty (Johanson and Vahlne, 1977; Chang, 1995; Rivoli and Salorio, 1996; Guill ´en, 2002; Vermeulen and Barkema, 2002), that is, to overcome the so-called liability of foreignness (Hymer, 1976; Zaheer, 1995). On the other, the regulated nature of these industries tends to require a strong commitment of resources anda fast pace of entry into foreign markets. This is the case for three interrelated reasons. First,these industries tend to be highly concentrated, and they often exhibit certain features of the ‘naturalmonopoly.1 Second, entry may be restricted by the government, frequently under a system oflicenses. And third, the government may own significant parts of the industry. Under these circumstances, foreign entrants face strong incentives to commit large amounts of resources and to establish operations quickly, whenever and wherever opportunities arise, and frequently via acquisition as opposed to greenfield investment (Sarkar et al., 1999). Thus, the regulated and oligopolistic nature of these industries generates strong first mover advantages (Doh, 2000; Knickerbocker, 1973). Recent research in strategy argues that firms in regulated industries follow ‘asymmetric strategies in that they seek to defend their home-country position by preventing rivals from competing on a level playing field while pursuing entry into foreign markets as deregulation occurs. Given that deregulation has taken place at different moments in time and to different degrees from country to country, firms in regulated industries tend to follow a multidomestic strategy of foreign expansion, namely, they pick and choose which markets to enter depending on the specific circumstances A natural monopoly emerges when it is possible to exploit economies of scale over a very large range of output. As a result, the optimally efficient scale of production becomes a very high  proportion of the total market demand for the product or service. present in each foreign country, arranging their operations with a local rather than a global logic in mind, and engaging in limited cross-border coordination (Bonardi, 2004). Another distinctive feature of regulated industries is the role of the state as a shareholder. Some of the most active firms in regulated industries expanding abroad are former monopolies in which the state has or has had a controlling stake (Doh, Teegen, and Mudambi, 2004). 3.1.2 Cultural Barriers By September 2000, the Hong Kong operations of HSBC were falling behind in implementing the MfV strategy. The strategy set the goal of the bank doubling shareholder value over a five years through growth in its core businesses in addition to a massive reduction in operating costs. One major cost-saving initiative was the migration of the banks Network Services Centre (NSC) in Hong Kong to its new global processing centre in Guangzhou, a Chinese city on the mainland. Implementing this initiative which involved moving staff and resources to the Guangzhou Data Centre (GZC) came up against major operational and public relations issues. (MB) Technically, there were no major obstacles to the bank following a global trend in financial services; seeking economies of scale by moving back-office operations to lower cost areas. The average salaries of staff in the GZC were only 20% of those in the NSC. From this angle, moving professional positions to GZC and to HSBCs other new Indian global processing centre seemed perfectly in line with MfV objectives. Most duties were highly routine involving few important decision-making duties. Nevertheless, The staff, who were initially offered a choice to move or risk losing their positions, felt betrayed by the bank, since there was an expectation among the workers that dutiful service should be recognised with job security. 4. Market Opportunities available to HSBC 4.1.1. Micro-Financing With significant operations in the emerging markets and expertise in transactional solutions, and supported by our office network, services, processes, capital, and customer relationships, HSBC are well placed to serve the micro finance sector. The banks approach to this sector is based on commercial viability with high social benefit, with the aim of creating self-sustaining, stable financial services to help people out of poverty. HSBC integrate micro-finance activities Global Business and Organizational Excellence DOI: 10.1002/joe January/February 2009 17 with local business capabilities rather than as a separate business line. Following pilot projects in 2005, HSBC has engaged more closely with micro-finance enablers and MFIs on the ground to understand the principal issues facing the sector, and the findings have informed and shaped our priorities. HSBC is currently working with MFIs in Argentina, India, Mexico, the Philippines, Sri Lanka, and Turkey through our operations in th ose countries. The bank is at the forefront in arranging foreign investments into the country and deals for Indian companies investing overseas, and it is custodian of more than 40 percent of the foreign institutional investments (FIIs) in India, with total assets under management in India that exceed $5 billion. Although HSBC in India has 47 branches and 178 ATMs in 26 cities, it lacks a branch network and accessibility in rural areas, where the majority of Indias empoverished population lives. The rural poor need a diverse range of financial services, including credit and safe and flexible savings services, to run their businesses, build assets, stabilize consumption, and shield themselves against poverty. However, access to quality financial services in rural India is still heavily inadequate. Eighty-one percent of villages in India do not have banks within a distance of 2 km (1.2 miles); 41 percent of the population does not have a bank account; and available credit in rural are as meets just 10 percent of the actual need. Microfinance established a foothold in India during the 1990s, but this decade has seen rapid growth, with a distinct shift away from a â€Å"welfare† model toward a â€Å"business model† for delivering these services.Since it is quite expensive for HSBC in India to provide services directly to the rural poor, it lends funds to microfinance intermediaries, the MFIs that further on-lend the funds to the ultimate clients. HSBC in India established a team for microfinance under its Commercial Banking division in December 2007 and plans to eventually create regional-level teams to facilitate initiatives in their respective parts of the country. 4.1.2 North America Market Entry HSBCs initial motivation for its acquiring retail banks in North America and the UK was to diversify away from its home in Asia. After it acquired Marine Midland Bank and Midland Bank, HSBCs motivation may have changed subtly. It is becoming increasingly difficult for banks that are large relative to their home markets to grow at home. In many developed countries banking has become quite concentrated (Marquez and Molyneux, 2002). In response, policymakers in these countries have started to bar the banks from further domestic mergers and acquisitions. Some recent failed attempts in Canada are a case in point (Tickell, 2000). The only remaining possibility for growth then is cross-border. Interestingly, each of the owners of the largest subsidiaries of foreign banks in the US is disproportionately often the largest bank in its own home country (Tschoegl, 2002 and 2004). Assessing the viability of this strategy is the classic question of how a foreign firm competes against local firms t hat do not face any liability of foreignness (Zaheer, 1995), that is, costs that come from operating in a  foreign environment or at a distance. One issue then is whether having operations in contiguous countries represents a competitive advantage. Tschoegl (1987) and Dufey and Yeung (1993) have argued that where markets are well developed and competitive, there is no reason to expect foreign banks in general to be better than local banks at retail banking. At the same time there is evidence for the existence of a liability of foreignness vis-à  -vis the foreign banks host-country competitors  (Parkhe and Miller, 2002). Of course, there is also evidence that suggests that the liability is minimal (Nachum, 2003) or wanes over time (Zaheer and Moskowitz, 1996). However, these last two studies examine the liability in the context of corporate and wholesale banking markets. The liability may be more salient in the retail markets, where national differences between the home and host market are likely to be more profound.Demirgà ¼Ãƒ §-Kunt and Huizinga (1999) and Claessens et al. (2001) found that foreign banks tend to have higher margins and profits than domestic banks in developing countries, but that the opposite holds in industrial countries. Similarly, Dopico and Wilcox (2002) found that foreign banks have a greater share in under-banked markets and a smaller presence in mature markets. The implication is that one should not expect much in the way of cross-border mergers in commercial banking within developed regions. We can speculate that on the production side, differences in products  across markets and privacy laws appear to be limiting parents ability to consolidate processing. As far as depositors are concerned, there seems to be little value to having an account with a bank that operates in other countries, especially now that travelers can draw cash from networked automated transaction machines (ATMs). HSBC does have a service for wealthy indivi duals-HSBC Premier-that provides for such crossborder advantages as transfer of an individuals credit rating when they relocate, and some other services. However, these facilities are not available to ordinary accounts. The literature on trade flows is instructive here; the evidence on NAFTA has shown that borders have a substantial damping effect on trade flows (McCallum, 1995). In North America HSBC is even poorly positioned to take advantage of the one form of cross-border retail banking that is currently drawing attention: remittance flows from Mexican workers in the US. Although HSBC now has a strong presence in Mexico, it has almost no offices in California or other US states with large populations of Mexican immigrants. By contrast, Bank of America, which is the largest bank in California and is present in many other US states, in 2002, bought a 25 percent stake in Santander-Serfin, Santanders subsidiary, which has amalgamated Mexicos oldest and third largest bank. If there is little reason to believe that HSBC benefits from cross-border demand or production effects, what is left as a source of advantage? One candidate is what Kindleberger (1969) has called â€Å"surplus managerial resources.† When a bank such as HSBC can no longer grow at home, it may find itself with a management team that is underemployed in terms of the demands on its time. The bank may then choose to grow abroad when it can combine these surplus resources with what Berger et al. (2000) call a global advantage. Berger et al. argue that some US banks succeed in the competition with local banks elsewhere in the world simply by being better managed. In their survey of the literature on productivity, Bartelsman and Doms (2000) draw several stylized lessons, among them that firms differ in their productivity and that this difference may persist for years. Obviously, not all US banks necessarily partake of the advantage of better management and by contrast some non-US banks may. HSBC may simply be one of these. As Nachum et al. (2001) point out, the competitiveness of firms depends on the kind of assets that firm s can transfer internally from country to country, but that are difficult to transfer from one firm to another, even within a country. Still, it is, unfortunately, extremely difficult to measure an intangible asset as subtle and hard to define as better management (Denrell, 2004), especially when, as recent events have shown, stock market performance or accounting measures are of doubtful reliability. HSBC began its growth in North America by acquiring failed and weak banks. In effect, shareholders lacking a comparative advantage relative to HSBC, with respect to owning and governing given banks or branches (Lichtenberg and Siegel, 1987), sold them to HSBC. Generally, growth by acquisition is difficult to execute and as a strategy it is vulnerable to problems of over-reach due to managerial hubris (Roll, 1986; Baradwaj et al., 1992; Seth et al., 2000). Peek et al. (1999) found that generally the US subsidiaries of foreign banks have not done well. The poor performance of foreign bank subsidiaries was a result of the foreign banks acquiring poorly performing US banks and being unable to improve their performance sufficiently within the period that the authors examined. (One cannot arrive at strong conclusions from studies of the profitability of subsidiaries. Banks transfer profits across borders (Demirgà ¼Ãƒ §-Kunt and Huizinga, 2001), and foreign banks may prefer to book some bu siness from their headquarters (Peek and Rosengren, 2000).) Still, HSBCs operations in the US and Canada are survivors of a winnowing process that saw other banks from Canada, Japan, the UK and the US sell their Canadian or US subsidiaries, in some cases to HSBC. As Mitchell and Shaver (2003) show with respect to firms in the US medical sector, firms differ in their ability to absorb and manage business on a continuing basis. They use the biological metaphor of predation and their evidence is consistent with the idea that some predators are better able to target desirable prey and better able to overpower the prey they target. HSBC appears to have found that it is one such successful predator. One may surmise that HSBC initially chose to acquire weak banks as much out of necessity as design. For any given size, a profitable bank will cost more than an unprofitable one, and to achieve its goal of diversifying, HSBC needed to acquire large banks. Now that HSBC is one of the worlds lar gest banks, whether one measures by market capitalization or total assets, it has more leeway. Conclusion Assuming that there is a positive relationship between marketing spend and market share, marketing activities, if well-targetted should have a incremental impact on market share. However, this does not always seem to hold true within the â€Å"big four† banks. Barclays and HSBC both developed their market share by 1% between 1995 and 2000, in spite of greatly varied levels of investment in marketing. Lloyds TSB market share fell by 2% although the bank spent significantly more than either Barclays or HSBC while NatWest and RBS have both declined by 4% despite having a collective expenditure of more than double Barclays. This perhaps, at least partly, explains why HSBC has adopted a highly acquisitive strategy, realising that, although the core brand is strong, customer recognition may have saturated, therefore integrating both fresh brands into subsidiaries in tandem with launching new, retail-focussed services, keeps the proposition fresh. Recommendations With the disproportionate focus on retail banking, HSBC has yet not come over as a major player in investment banking. However, with the wave of recent milestone deals during over the last three years, the bank is beginning to emerged as an investment banking brand. HSBC played a central role in two of Europes biggest-ever merger and acquisition deals i.e. Mittal Steels hostile bid for Frances Arcelor and German utility company E.Ons offering for Spanish rival Endesa. However, the development in the direction of investment banking requires some acceleration as the retail ban king sector continues to be heavily impacted by the sub-prime mortgage fallout and credit tightness. The bank has been planning to further enhance its business in the UK by investing  £400m in retail and commercial distribution network and setting up 500 new ATMs, 250 new Express terminals, however this is has not yet materialised and may be badly-timed if implemented within the year. HSBC has considered the Asian region as its major focus area and it can expect a bigger share from the Asia-Pacific region in the future. In early 2007, Asia-Pacific, the Americas (including South America) and Europe each contributed one third in HSBC groups overall bottom line. 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