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Business Torts and Ethics

Liability of intruder

The intruder is liable for his deeds. His actions of committing a felony inflicted injuries. Incarceration would the most just punishment. If the intruder was in his senses and not under the influence of any substance, he should have shown responsibility over his actions. According to the law, such an individual ought to be prosecuted in a court of law citing various charges (Karling, 2016). One of them is inflicting bodily harm to the lady and the gentleman (Karling, 2016). Author (2016) claims that the intruder is also liable for his actions as such intrusion is termed as a crime by the law-governing citizens.

Legal Responsibilities

There should be legal responsibilities to Sharon and Darryl. The intruder got in because of the owners building structure. The court also agrees that if a tenant is attacked as a result of a landlord’s mistake, then the tenant is not responsible for anything and indeed the owner should indemnify the tenant for damages. The owner is legally responsible, for the failure to inform the tenant about the non-maintained situations, or that the tenant has reported an issue and has remained unattended (Author, 2016). Sharon and Darryl could file a claim for the physical suffering they faced from the intruder. The owner had to be responsible because the safety and security of the tenants really depend on them, including the maintaining of property. The landlord is always expected to inspect an apartment unit before leasing it to the prospective tenant. The undertaking however only applies to the conditions that would have been disclosed by the inspection. (Author, 2016)

The landlord should not go to the extreme cases because at times it becomes expensive in discovering problems that cannot be justified (Ambiel & Noronha, 2016). Also, when an urgent issue arises, the landlord is expected to attend to it immediately because it is his or her responsibility. The property owner is held responsible where repair is promised on a condition, but it is not done in time. Also, Ambiel and Noronha (2016) explain that where a dangerous condition exists yet the tenant did not know at the time of leasing and even later the landlord does not communicate yet its existence is known by the owner.  The scenario also applies where the owner retains control in some parts of the land where the apartment is located. Violating the laws of safety also makes the owner responsible (Finder, 2016)

Ethical Responsibilities

The landlord had ethical responsibilities because peace had to be brought back after the intruder attacked Sharon. Bell (2015) argue that Landlords normally have ethics which they are expected to follow meaning that apart from providing a conducive ambience the property owners also have responsibilities to the community and the tenant. Ethics requires one to follow the law in a good character through handling ones’ wealth with integrity. Mostly the landlord is expected to restore the damages caused, but that varies with the type of lease. Ethics also include safety where the owner is responsible for injuries. The future is unpredictable, but ethics help one understand the law (Ambiel & Noronha, 2016).). This is through an understanding of conditions and knowing what is right or wrong. Handling a case of a tenant makes one improve services to curb future risks. The landlord should maintain high levels of conduct and create a good relationship with tenants and the community as a whole (Bell, 2015).

Prevent Risks

There are several ways that risks of attack by intruders can be mitigated or even completely avoided. Deadbolt plate that is capable of maintaining the door while closed is usually not secure to prevent the door from opening especially when force is used.  Putting a strike plate, which has a strongbox model, will efficiently prevent the intruders from attacking because more force required (Harli, 2016). Also, reinforcing the doorjamb helps. Sadly, even when a box plate is well fixed, a determined burglar can opt to break the doorframe with continuous forced kicks (Bell, 2015).

Hollow cores should also be used for the internal purposes and not the exterior. Solid doors are expensive but are stronger than the hollow ones. Pine doors are the most available, but the hardwoods are best preferred. Harli (2016) argues that securing the hinges when the door swings out thereby becoming exposed should be done. This is because when an observant burglar sees the door swinging outside, he or she may decide to attack the Achilles heel. Adding a visible security and lighting would also help because the burglar would just look at the front door and completely avoid it at first glance (Finder, 2016).

Also, as a way of preventing intrusion and further attacks in the future, the owner should consider hiring guards to keep vigil over the building. The initiative will help prevent attacks, as the security guards will raise alarm thereby scaring the intruder while alerting the residents of an impending danger.

References

Karling, H., (2016) Ways to Burglarproof Your Front Door. London: Longman.

Ambiel, R., & Noronha, A. (2016). Professional choice self-efficacy: predicting traits and personality profiles in high school students. Psicol. Refl. Crít., 29(1). http://dx.doi.org/10.1186/s41155-016-0021-0

Author, G., (2016). Why Landlords are Liable for the Personal Injuries of Tenants. Milwaukie, Ore: Dark Horse Books: Mclaren Pub

Bell, L., (2015). Code of Ethics with Interpretive Statements. Critical Care Nurse, 35(4), 84-84. http://dx.doi.org/10.4037/ccn2015639

Harli, G., (2016). Ethical Responsibility Landlords have a code of ethics – Business L – 32  Overland Park, KS: Hadley Rille Books

Finder, A., (2016). Court Expands Liability of Landlords in Attacks on Tenants by Intruders. Emmaus, Pa: Rodale Press

Waste Management

Waste Management

Incident description and its Environmental Impact

Mount Polley Mine Spill comprised of a breach of the tailing pond that drained its contaminated water into the Quesnel Lake and the Cariboo River. Consistently, Quesnel Lake was among the largest lakes in the world with clean and deep water. However, after testing the purity of water in the lake, the results revealed that increased levels of arsenic, selenium among other metallic wastes had contaminated the water. The water from the tailing pond consisted slurry of toxic components that contaminated the lake waters as well as addition of mud in the lake. Pollutants spilled in the lake are among the biggest environmental disasters encountered in the Canadian history. Test results indicated that 326 tonnes of nickel, 18, 000 tonnes of copper, 176 tonnes of lead and over 350 tonnes of Arsenic were present in the contaminated water. Notably, the said hard metals have a great environmental impact that affect both human, plants and water creatures negatively.

Extreme selenium level observed in fish after sampling indicated that its impact exceeded safety threshold for human consumption (Letcher & Clement, 2015). Toxic pollutants including vanadium, iron and manganese are health hazards and threatened lives of people and the population of fish. Also, the toxic level of the lake made its water less susceptible to consumption due to high level of MCLGs in the water as stated by the Safe Drinking Water Act. Additionally, the impact of the pollutants extended to the land and polluted the soil due to toxic spills. In addition, adverse spills with high level of liquid strength eroded the soil causation soil sediments to the lake, which added mud to the water body.

 

Physical and Chemical characteristics of the Waste

Common waste pollutants comprise of copper, iron, vanadium, lead, selenium and silver. The wastes are heavy metals and have adverse impact when consumed due to their extreme health implications. Also, chemical reactions such as oxidation worsens the situation by making metal soluble to water which in turn enhances their impact when they are dissolved in water. For instance, when such chemicals are consumed, they initiate blood level poisoning in children as well as lowering their intelligent quotient. Adverse occasions may lead to impairment related to neurobehavioral development in human when their intake is high. Prolonged exposure to hard metals impacts the brain and triggers gastrointestinal disease (Letcher & Clement, 2015). However, not all metallic components are soluble in water, their deposits corrodes water reservoirs hindering water preservation. Moreover, the said toxic metals ionizes water in the lake raising its pH, which further impacts the life of water creatures as well as plants.

Which of these do you think could have contributed the
most? Take a position and defend it, using at least one outside resource

Pollution of water in the lake is attributed by poor regulation and compromised management of the site that deters its conservancy. Specifically, management, construction and maintenance of mining corporations are regulated by rules and regulations that ensure standards are met to uphold both human and environmental safety. Mount Polley Mine Corporation violated the stipulated regulations that govern the standards of operation of its activities. Its tailing dam collapsed during its construction compromising the underlying earth layer of glacial till that is unaccounted to date (Letcher & Clement, 2015). It is a requirement that the company engineering team investigates the structure and the composition of the underlying geology alongside evaluating its strengths. Since there is no sufficient evidence demonstrating that the dam collapsed out of pressure from within, caution has to be taken to ensure that high standards are observed to prevent chances of risk.

Factor contributing to the Accident

Absence of an outlet for the tailing dam may be the main factor that contributed to its flooding for over four square kilometers. Closed dams without outlets build up pressure due to too much weight of water. Based on the tailing dam case, the dam was constructed without the consideration of the structures holding capacity that contributed to its collapse and flooding due to inability to withstand vast water capacity. The flooding led to loss of people’s lives alongside animals and their habitats (Letcher & Clement, 2015). In addition, the disaster impacted the environment negatively through soil erosion and contamination. Additionally, loss of biodiversity and ecological imbalances comprise the impacts that are observable until today. Therefore, the flooding incident is linked to irresponsible construction and tailing pond’s substandard infrastructure.

Reference

Letcher, T. M., &Clement, G. Y. (2015). Heavy Metals Toxicity & the Environment. US National Library of Medicine: National Institute of Health.

Authentic Leadership

Authentic Leadership

Authentic leadership entails honest relationships between a leader and his followers (Bill, 2017). It creates trust and improves performance of the individuals being led. A person’s history such as live events and trigger events play a key role in forming an authentic leader. An authentic leader must be genuine, results-focused, self-aware, and mission-driven (Kruse, 2017). This enables the driver to be aware of their emotions, strengths, and limitations. The leader is, therefore, able to show their real self to followers and put the objectives of the organizations as the priority above their self-interest.

My experience in leading others started even before I was mandated with a leadership role. Notably, when among my workmates, with whom we were in the same level in the company’s hierarchy, I always assumed the role of a leader. However, my role was not based on dictating orders or mandating duties; I did not have such authority. Rather, my leadership was in influencing moral development and value of my fellow workmates. When I later assumed the leadership role, I was more than prepared to steer my followers smoothly towards the right direction and orientation. Authentic leadership requires the leader to adapt their style and behavior of operations to ensure they are effective across different departments and situations (Wang, Sui, Luthans, Wang & Wu, 2014). The move enables the authentic leader to incorporate varying needs of different situations and serve diverse followers. Though incorporation of these leadership contexts, I have been able to bring my followers together to work towards a common objective as a team.

My life story has been an important factor in enabling me to lead effectively. In my childhood and throughout my entire education, I have learned the value of honesty and the importance of creating lasting relationships based on trust. Before all this realization came to me, I recall how I was frequently involved in many cases of enmity with my friends all emanating from lies and mistrust. It is through this that I decided to embrace a new life where I would relate to my friends, schoolmates, and all those close to me in a trustful manner. This life story has enabled me to maintain the same nature with my followers. It remains engraved in my mind that relating with people requires trust, openness, and embracing ethical values. Thus, I have been able to bring my followers together and create a close relationship with them making us trust each other.

My past experiences have greatly shaped my passion for leadership and leadership values. The encounters have enabled me to differentiate between my personal interests and the organizational interests. As an authentic leader, the organizational interests come first and are always prioritized. Such experiences have led me to being focused on the organizational goals, aims, and objectives without letting my personal emotions interfere. Through my experiences, I have also come to the realization that use of life-stories to create awareness has a high significance impact. Therefore, rather than use traditional methods, I utilize self-reflection and life-stories to encourage my followers. This approach enables followers to associate their personal experiences with others as well as get inspired to overcome diverse situations and hardships (Leroy, Anseel, Gardner & Sels, 2015).

Also, when undertaking my education, I was always focused on making it big in life. My principle concern was not the assessment tests or end of year exams. Rather, my principle worry was on how my future would be years after school. I wanted to be successful not just in passing exams but also having a reputable and outstanding career in my future. This is one of the experience that has fuelled my ability to lead effectively. According to George (2017), authentic leaders do not focus on the short term; rather on long term. Their major concern is not beating quarterly estimates but achieving long-term shareholder value. Examples of such leaders include Bezos of Amazon (Kruse, 2017). I can relate this to the long-term focus I had in my school life whereby I was not more concerned about my immediate performance but by the long-term results. My focus was on having a remarkable career later in life, many years to come. This experience has capacitated me when planning for an organization and dealing with my followers. I always encourage my followers to be patient and work hard towards achieving large dividends in the long term rather than short time irregular returns.

An authentic leader must understand his purpose, lead with his heart, be self-disciplined, create connected relationships, and embrace solid values (Bill, 2017). Notably, to achieve these, one must ensure that he or she does not hide their real entity. Many leaders have two profiles; true profile and leadership profile. An authentic leader should be genuine, with only one profile and an aim to use it for self-reflection and inspiring their followers through self-experience. This creates trust and a closer connection between the leader and the followers thereby enabling them create a mutual relationship aimed towards achieving the objectives of the organization (George, 2017).

References

Bill, G. (2017). What Does Authentic Leadership Really Mean?HuffPost. Retrieved 18 December 2017, from https://www.huffingtonpost.com/bill-george/what-does-authentic-leade_b_8581814.html

George, B. (2017). True North: Discover Your Authentic Leadership – Bill GeorgeBillgeorge.org. Retrieved 18 December 2017, from http://www.billgeorge.org/articles/true-north-discover-your-authentic-leadership/

Leroy, H., Anseel, F., Gardner, W. L., & Sels, L. (2015). Authentic leadership, authentic followership, basic need satisfaction, and work role performance: A cross-level study. Journal of Management, 41(6), 1677-1697.

Kruse, K. (2017). Forbes WelcomeForbes.com. Retrieved 18 December 2017, from https://www.forbes.com/sites/kevinkruse/2013/05/12/what-is-authentic-leadership/#3c4cb3edef77

Wang, H., Sui, Y., Luthans, F., Wang, D., & Wu, Y. (2014). Impact of authentic leadership on performance: Role of followers’ positive psychological capital and relational processes. Journal of Organizational Behavior, 35(1), 5-21.

 

Information System at KDC

Information System at KDC

Introduction

Key distribution center (KDC) is a system of service intended to supply transportation, telecommunication and control method integration services in southern California (Inoue & Komada, 2014). The government is determined to mitigate the number of hours a driver is supposed to work in a day to reduce the occurrence of accidents.

Effect of Compliance Issue on Information System at KDC

According to Inoue and Komada (2014), sleep loss and related disorders lead to myriad accidents on the roads. The scenario has also caused fatalities and massive destruction of property. Consequently, the government is resolute to terminate and reduce accidents completely. The best remedy is to ensure that all the drivers have ample sleeping hours (Inoue & Komada, 2014). In doing so, the long distance vehicles should have two or more drivers to alternate thereby ensuring that every driver will have adequate time to sleep. The KDC has to increase their drivers, a situation that would reduce their profit (Inoue & Komada, 2014).

KDC information System which is Affected by Compliance Issue

The KDC is advocating for California safe soil. The approach is the current system that KDC want to implement (Inoue & Komada, 2014). The compliance of reducing accidents trimmed the harmful transportation miles. Inoue and Komada (2014) claim that the initiative also pacified the soil pollutants.

Recommendation of Modifying the KDC system in addressing Transport Compliance

The KDC system should provide quality services in all of its systems and should be in tandem with government rules and regulations (Inoue & Komada, 2014).

Conclusively, KDC is of immense importance to the people since it offers quality services. However, the population suffers loss following enactment of government rules.

References

Inoue, Y., & Komada, Y. (2014). Sleep loss, sleep disorders and driving accidents. Sleep and Biological Rhythms, 12(2), 96-105. doi:10.1111/sbr.12064

Informal Presentation

Informal Presentation

 Evolving Practice of Nursing and Patient Care Delivery Models

Nursing practice has changed significantly over the last 50 and judging from the changing healthcare system, it is expected that the trend will remain the same. Today nurses require comprehensive training and a variety of skills in order to make critical decisions. In the past many year such decisions could only be made by the doctors and the nurses could only follow the instructions. The healthcare needs of the population are changing, the role of the nurses will certainly be affected resulting in change. Training for the nurses must equally change due to the technological advances which continue to gain popularity globally. As the use of computer technology and the internet takes over many aspects of life in the world, the nurses will be expected to have proficiency in computer skills in order to perform their jobs effectively. The concept of tele-medicine will most likely gain popularity and the nurses should be able to offer online support. Videoconferencing will enable the nurses assist patients manage long-term conditions at home without necessarily visiting a health facility.

As globalization advances, the nursing profession will be also be affected with regard to continuity of care. Today, patients are receiving care from different organization and care-providers. In future it will be common for hospitals to receive many patients from different parts of the world. Nurses will therefore be required to be well prepared to ensure that there is continuity of care.  Communication is an integral part in continuity of care. The documentation about the patient’s condition can be obtained easily from the previous doctor however there might be some missing information in the documentation. Patients build a personal relationship with their doctors and nurses who understand the context, values and preference of the patient. Such information will exist in the memory of the doctor who was previously attending to the patient. Obtaining the information from the previous nurses requires some skills in order to understand the patient’s needs completely. The nurses will therefore be required to have the skills to work with doctors from different countries and organizations. The nurses will also need to learn how to maintain good relationships even with the staff from their competing organizations.

Accountable care organizations are established to reduce the cost per capita of health, increase patient satisfaction as well as improve the overall health of populations. Nursing is key for the partnerships to achieve their goals .It has emerged in previous researches that nursing care can actually increase satisfaction among patients, improve health as well as reduce the cost. The nurses may be require flexibility as they may be required to work in different organizations within the partnerships. The nurses will therefore be required to understand different business environments as well as different values for each of the organization.

The concept of medical homes has formed a debate among the healthcare experts especially on the issue leadership. Various experts have suggested that the medical homes should be headed by nurses who should focus primary care to populations which are vulnerable. The medical homes will most likely widening the scope of nursing profession as they will now be on the frontline of providing affordable health services. The nurses in the nurse-managed clinics will now practice to the full limits of training. The inpatient departments of major hospitals will most likely experience a drop in the number of patients as the concept of medical homes is implemented. Nurses should also be ready and willing to go for further studies in order to fit in their new roles.

In conclusion, change in healthcare delivery is inevitable and both the government and nurses should work together to manage change. Training the nurses in is important in order to have a successful transition from the old to the new system of healthcare delivery.

 

Gonzales vs. Reno Case Analysis

Gonzales vs. Reno Case Analysis

Case description

The plaintiff in this case is Elian Gonzalez, was a six-year old child who arrived in the United States from Cuba alone. The child’s father demanded that the plaintiff be returned by the United States to Cuba. However, contrary to the father’s wishes, the plaintiff asked to stay in the United States therefore making an application for asylum. Immigration and Naturalization service in the United States had to consult with the plaintiff’s father as well as consider the age of the plaintiff (Aleinikoff, Fullerton & Martin, 2016). Therefore, the office found that the asylum application was legally void and declined to consider the application’s merits. This forced the plaintiff to visit the federal court where the INS filed a suit seeking to compel for consideration as well as determination of the merit (Aleinikoff et al., 2016). However, the plaintiff’s application was also dismissed by the district court in regards to his asylum application (Aleinikoff et al., 2016). The paper will discuss, describe and assess the discretion afforded in Gonzales vs. Reno’s case.

Court’s Ruling

Appealing the district court’s ruling, the plaintiff argued that it erred by dismissing his claim under his due process claim including the failure to appoint a mature guardian who would be capable to represent his interests. The court determined that the plaintiff’s claim lacked merit quoting that aliens in the United States have no constitutional rights when making admission applications in the United States (Aleinikoff et al., 2016). Moreover, the court argued that his friend represented the plaintiff in the court. The court described the situation as a scenario that does not warrant any extended discussion as it lacked merit. Based on statutory claims, the plaintiff argued that the court erred through its rejection to the alien application made by his cousin, Lazaro (Aleinikoff et al., 2016).

 

Assessing the Case

The law indicates that any alien who has been confirmed to be physically present in the United States, who crosses the United States after interdiction in International waters or who is brought to the United States by other means, is allowed to make any application for asylum where applicable (Aleinikoff et al., 2016). When an alien makes such application within the statute’s meaning or within the INS regulation, the United States has the responsibility of making careful considerations for claims of asylum applications. The office of the Attorney General is tasked with establishing necessary procedures for the asylum application considerations filed under all the necessary sections of the constitutions. However, the main question that should have been analyzed by the court is in regards to whether the asylum application filed on plaintiff’s behalf who is a six-year child was submitted against the child’s parent express wishes.

Case Discussion

The United State’s statutory is silent regarding that particular issue meaning that there is a gap left by the Congress regarding the statutory scheme. This particular gap is significant because it brings about executive discretion. It is a matter of executive as opposed to the court to enforce statutes capable of filling such gaps. In addition, the executive has the authority needed to fill in the gaps in regards to immigration policy (Aleinikoff et al., 2016). In this case, the validly of plaintiff’s alleged asylum application was underdetermined since the law is silent regarding the discretionary policy made by the INS. There ought to be careful selection as far as non-parental representation in light of a reasonable immigration policy.

References

Aleinikoff T., Fullerton M., Martin D. (2016). Immigration and Nationality Laws of the United States: Selected Cases. Minnesota. West Academics Publishers.

 

General Motors (GM) Joint Venture in China

General Motors (GM) Joint Venture in China

Introduction

International marketing involves all business performance activities that directs the flow of business operations of a specific company. In this case, General Motor’s entry into China’s market would result in the use of consumer goods such as cars by people living not just the United States, but also in China for profit. Typically, a company like General Motors is expected to carefully plan and execute the commencement, promotions, pricing as well as the distribution of goods, ideas and services, which are all aimed at creating business exchanges that have the capacity of satisfying organizational or individual goals. It is important to note that the uniqueness of foreign marketing normally comes from a broad spectrum of unfamiliar challenges, risks or problems as well as various strategies that have the capacity of coping with differing levels of uncertainty that a company such as General Motors would likely encounter in China’s market. This paper will critically analyze the risks and challenges that a company such as General Motors would face when doing business in China. This paper will be able to access such risks and challenges by focusing on the Motor Industry as well as the opportunities that are available for foreign businesses.

Critical evaluation of the benefits, costs and risks associated with doing business in China

Before any company achieves success in China market, it is important for it to clearly understand its organizational mission and goal, including the function that marketing activities play in the process of achieving such missions and goals. Additionally, the company is also expected to establish its marketing objectives, gather, and access, evaluate and interpret important information about its distinct situation. This also includes available strengths, weaknesses, threats and opportunities that exists in China’s environment. This is critical data that will offer foreign businesses an overview of the doing businesses in China or of China’s market. Besides, it is worthy to note that foreign businesses are forced to critically access specific potential and growth as far as its product services are concerned in China including the segmentation of foreign market.

In addition, any company or business wishing to start its operations in China needs to evaluate the characteristics of potential consumers of their specific products and services. This is by evaluating who they are and how they are particularly established in China. It is however; very crucial for businesses hoping to trade in China to find out how much such consumers are willing to spend. Such kind of information or data is critical during planning that involves establishing marketing strategies of knowing the exact wants that the business organization will be willing to try and satisfy. This is activity is normally referred to as the establishment of target market strategy, which involves the development of various marketing mix, all aimed at satisfying the target market’s needs or desires. In this case, marketing mix joins product, promotion, distribution as well as pricing strategy in a manner that is capable of establishing specific exchanges that seek to satisfy organizational and individual objectives.

Foreign business risk to encounter political challenges in China considering the fact that China has been under a communist party for many years. In this respect, the communist party typically exercises absolute power in regards to economic, legislative as well as cultural constitutions. It is important to note that such kind of activities are not common in countries such as the United States, whereby the government is tasked with the responsibility of promoting transparency when it comes to engaging in business activities. Rules and regulations are not usually absolute or transparent in China, meaning that big businesses such as General Motors risk the possibility of succumbing to a variety of bureaucracies and regulations. A social network referred to as guanxiwang is typically promoted in China, in which case quanxi represents the established relationship between the entities of the network and the individual. This means that lack of corruption and transparency leads to avoidance of bureaucracy and red tape by the Western businesses with the help of the communist party and the existing social networks.

The process of establishing relationships is not normally emphasized in countries such as the United States due to strict cultures and laws that seek to promote contractual obligations. However, in china small and large businesses are forced to rely on the existing guanxiwang, as it is practically impossible to conduct businesses without these social networks. This presents a great challenge to foreign businesses seeking to do business in China as one is forced to fully understand how such social networks function. Moreover, this process consumes a great deal of time, meaning that it would be prudent to work with the right individuals according to specific guanxiwang. This will highly enable foreign companies to overcome such problems.

In addition, foreign companies seeking to conduct businesses in China risk the possibility of facing legal challenges. This is mainly due to the fact that China’s legal system is loosely defined leading to a variety of loopholes in the overall legal system. This is contrasted in countries such as the United States where strict laws and regulations including patents in economies are normally aimed at protecting both foreign and domestic businesses. The accession of China to WTO has led to the establishment of patent rights amendments and inclusion of international business laws. However, it is a common scenario to encounter instances where a thing such as technology is stolen by the outsourcing company’s employees or by specific competitors in China.

Moreover, the copycat culture or Shanzai is usually an integral part of the Chinese society and mainly how they conduct their business. In fact, it is important to understand that due to the fact that China’s society is predominantly Confucian, most people are forced to share what they create in order to promote harmony, as is what is demanded by the Confucian tradition. This is the reason why virtually every product in the market is copied and then sold in the open markets existing in major cities or towns in China. This type of culture has consequently made China to be the largest producer and promoter of most counterfeit products. The counterfeiting activities are further promoted by China’s laws which are considered by many to be mostly vague and can hence, be interpreted in various ways.

These laws include important business practices such as of intellectual property rights and trade laws that are mainly refined, thus resulting in complexities in the process of interpreting them. Furthermore, it is possible that some individuals or organizations may be tempted to manipulate such laws so as to weaken business activities of foreign businesses for the purposes of gaining competitive advantage. This is despite the fact that there are stated laws against the businesses infringing existing Chinese laws. Typically in China, specific provincial governments have the power of blocking any such laws, resulting to big challenges for foreign businesses.

 

General Motor’s decision to venture into China’s markets

General Motor’s decision to venture into China’s market was a prudent one as it ensured that the company was able to survive amid great financial depression that was happening in the United States. The most important reason why the company was able to thrive despite the existing economic challenges was the fact that China’s internet and telecommunications infrastructures had already grown and impro

Management

Management

Formulating Leadership

Diversity in organizations is a key aspect which can be encouraged in companies to bring about new and younger leaders. Trends, standards, and riffs are some of the generational differences that have contributed to our culture and professionalism. This different behavior can be useful when utilized by millennials and senior managers to encourage growth and improve productivity among these leaders.

On that note, Millennials also known as Generation Y individuals will in a couple of years start leading organizations. Millenials are critical to identifying business opportunities, maximize technology utilization, spur and embrace change, grow experience and global exposure. However, millennials have a different set of outlooks that can be cultivated to increase their number in particular organizations (Maria et al., 2012).High performing organizations have embraced practices to prepare and engage millennials for success this include: coaching and praising, due to their social conditions they exposed to, most have a healthy fear of failure and to combat this anxiety in them the first-choice employer ensures investing in them continuous development.

Millennials, unlike previous generations who chose long term stable jobs, they prefer working for several companies over few number of years. Therefore, companies tend to offer them ‘tours of duty’by mimicking such kind of environment through provocative innovation (James et al.,2012). Millennials embrace digital technology advances and appreciate technology role of eliminating bureaucracy and the instant access to information to people worldwide thus; the organization should keep technology at the forefront.

References

James Bennett, Michael Pitt, Samantha Price, (2012) “Understanding the impact of generational issues in the workplace”, Facilities, Vol. 30 Issue: 7/8, pp.278-288, https://doi.org/10.1108/02632771211220086

Maria Aviles, Jacqueline K. Eastman, (2012) “Utilizing technology effectively to   improve Millennials’ educational performance: An exploratory look at business students’ perceptions”, Journal of International Education in             Business, Vol. 5 Issue: 2, pp.96-113, https://doi.org/10.1108/18363261211281726

 

Force development process

Force development process

Introduction

Force development is initiated with all operational capabilities expected of the army as articulated in national strategies and guidance, which include Strategic Planning Guidance (SPG), Defense Strategy, Joint Programming Guidance (JPG), Army Vision as well as the National Military Strategy (NMS) (United States, 2003). In essence, force development determines Army doctrinal, training, leadership, organizational, facility capabilities and personnel requirements consequently translated into structures and programs with specified resources allocated with the main aim of enabling the accomplishment of Army functions and missions.

Force development plays critical function of bringing people and equipments together to eventually form an operational organization (Birkler, Neu, Kent, U.S & Institute, 2008). Force development is able to achieve its objectives because it utilizes phased processes that are essential in the development of organizational and operational concepts. The phased processes are then combined with materials, work force, and technology or limited resources when producing combat capacity. The paper will explore phase four that determine organizational authorizations assessing how and why it is impacted.

Phase 4: Determining Organizational Authorizations

The fourth phase that determines organizational authorization is critical in force development as it provides the organization’s mix, resulting in an affordable and balanced force structure. The process of force structuring is a central process of the PPBE (Planning, Programming, Budgeting, and Execution), OSD (Office of Secretary of Defense) as well as the OSD systems of management (Birkler et al., 2008). This means that the fourth phase is a sensitive resource process included in the determination of authorization division. Additionally, it is responsible during the development of force structure that supports strategic, operational and joint planning including Army programming and planning as well as all budgeting processes. The process of force structure development is based on the understanding of desired capabilities, objectives and constraints that are externally imposed such as roles, end strength, missions and dollar (Paton, 2005).

The determination of the content and size of an Army force structure is a risk-benefit, iterate and trade-off analysis. The analysis process is not entirely exclusive within the Army’s purview. Total Army Analysis is a proven mechanism acknowledged for defending and explaining Army Force Structure (Paton, 2005). This means that it is capable of transporting one’s mind to the future army from the present moment. However, it requires an analysis and doctrinal basis that flows from joint force capability as well as from strategic guidance requirements. More importantly to note is that TAA can be an annual process due to its characteristic of being able to be compressed from biennial process into even number of years. Therefore, the main purpose of TAA is aiding in the determination of the EAUEx support force structure to the generating forces and of operating forces required for sustaining and supporting all strategic guidance (United States, 2003).

In other words, TAA is responsible for executing all of OSD’s decisions regarding initiatives as well as directives of the Army PPBE and joint staff processes (Lorke, 2012). This means that it acts as a bridge between the Army’s forced program and planning building process and the OSD guidance. It is therefore capable of balancing all requirements of the Army against planned and available resources. The size and the future of the Army are shaped by the leadership and senor decisions made in the TAA process for the best interests of the Army. The strategic guidance is supported by the Army’s resourced force structure. In this respect, TAA is responsible for developing a force capable of meeting necessary guidance in specified scenarios, usually under resource constraints that are already established (Lorke, 2012). This is imperative in fulfilling or meeting the missions and roles as specified through the guidance of congressional guidance and oversight.

In addition, all processes of the TAA are crucial in transitioning force structure through the phases of planning to programming within the realms of Army’s PPBE process. It is also responsible for determining, verifying and justifying requirements of the Army while at the same time assessing capabilities of the force (United States & United States, 2007). Nonetheless, it is important to note that all processes conducted by TAA are normally responsive and flexible to dynamic changes. They flow from internal Army decisions, guidance and actions and from external inputs such as the Secretary of Defense, President, JS, OSD as well as CJCS.

The Army is tasked with developing the POM force capable of supporting national objectives as well as war fighting needs of COCOM (Exercise of Command) commander (United States, 2003). All joint and Army planning, budgeting and programming the mix of unit models including tactical and operations processes that normally supports programs. This essentially means that as a multi-phased structuring process, TAA uses both quantitative and qualitative analysis, designed to help develop any operating and generating forces. Forces that are generated as a result help sustain and support combat forces, which are delineated in the TAP (Paton, 2005).

The process of determining resources consists of two main activities that include leadership review as well as qualitative analysis. It is worth to note that qualitative analysis is determined as TAA’s most emotional facet since it results in scarce resources that are distributed resulting to significant impacts to Army’s every aspect (Birkler et al., 2008). Consequently, there is a need of adequately and extensively preparing participants with the aim of determining that war-fighting force structure has been sufficiently developed. Qualitative analysis is primarily conducted in the development of the initial POM force. During this process, a series of analysis, resource forums, conferences and panel reviews validate the FORGE model by considering all generated requirements as well as by conducting an analysis on those particular analyses (Birkler et al., 2008).

On the other hand, the resources conference is responsible for identifying and development of all potential solutions regarding plethora matters brought to the TAA. This particular forum incorporates Force Integrators (FI) as well as Organizational Integrators (OI) who are two critical individuals (United States & United States, 2007). The FIs and the OIs are mainly responsible in pulling together any diverse opinions and guidance that may be identified during the conference. They are able to execute the objective by adding valuable insight from various perspectives and engaging in the process of establishing the credibility or viability of any changes in the building blocks. During such a process, the OIs play a critical role of identifying and collecting any relevant information to present to the TAA (United States & United States, 2007).

The product of POM and TAA processes is usually a force structure approved for the Army. Moreover, this force structure is divided for the purposes of resource management into various components (Lorke, 2012). Three out of the total components indirect host nation support (COMPO 8), direct host-nation (COMPO 7) as well as the Civil Augmentation Logistics (COMPO 9) all develop a force structure that is offset. In this case, Host nation support is tasked with guaranteeing the other COMPO seven and eight (United States, 2003). However, COMPO 9 is not an offset but an augmentation that generally represents contracts derived from additional services and support (United States, 2003). This is mainly from foreign or domestic firms augmenting the force structure already in existence.

References

Birkler, J. L., Neu, C. R., Kent, G. A., United States, & National Defense Research Institute (U.S.). (2008). gaining new military capability: An experiment in concept development. Santa Monica, CA: Rand.

Lorke, A. (2012). Nanoparticles from the gas phase: Formation, structure, properties. Berlin: Springer.

Paton, R. (2005). Handbook of corporate university development: Managing strategic learning initiatives in public and private domains. Aldershot, Hants: Ashgate Pub.

United States. (2003). Energy task force: Process used to develop the National Energy Policy. Washington, D.C.: U.S. General Accounting Office.

United States & United States. (2007). The Joint force development process. Washington, D.C.: Headquarters, Departments of the Army and the Air Force.

Flexible Budgets and Standard Cost Systems

Flexible Budgets and Standard Cost Systems

Question 1

According to the IMA statement of ethical practices, a member is expected to uphold a significant number of ethical duties. As it is stated there, a member’s failure to abide by the set standards is at the risk of facing punishment (Armstrong, 2002).

At the given scenario, Lane is the accountant for a furniture company. She is in charge of coordinating the finances generated and consumed by the business, by doing so; she comes with some ideas on how the finances may be managed effectively for the best utilization by the business. Her former colleague Casey, who had recently opened a benchmarking firm, approaches her. Lane has had problems with standard setting in the company, and she believes that data from a benchmark would be of great help. This is where the dilemma sets in (Armstrong, 2002).

According to Casey, some information is needed for the benchmarking process; this information includes some years of outdoor living, standard and living costs. Casey goes on to reveal that the information is needed for the benchmarking process. Lena is facing a dilemma. She is in need of data from a benchmark since she believes that it would help her in the process of setting standards. On the other hand, if she were to disclose the company’s secrets to Casey, she would be violating one of the standards set by the IMA’s Statement of Ethical Professional Practice, which requires employees to observe some form of confidentiality (Collin, 2011). The statement clearly states that information should only be disclosed when the need is, for legal processes (Armstrong, 2002). The rule also clearly explains that one should refrain from using the confidential information to gain any advantages. According to (Armstrong, 2002), a professional especially accountant, is expected to abide by a strict code of ethical conduct, Lane is no different.

Since it has been revealed that Casey’s firm does sell the benchmarking information to other companies, it can be safely concluded that the information is being used for gaining illegal advantages as the company, which the information is being sold to, will use it for their own selfish gains. She is currently facing this dilemma (Armstrong, 2002).

Question 2

The situations relevant factors are that Casey needs confidential information from Lane. In exchange, he will provide Lane with some relevant information that will later end up helping Lane in the standard setting process. Another relevant factor is that Lane is bound by a code of professional conduct that works for hand in hand to prevent her engaging from such an act as disclosing the personal information elsewhere. These facts also summarize her dilemma since the information gained might better the business in the future (Armstrong, 2002).

Lane should recommend to the controller that they should take Casey’s offer. A benchmark would serve various purposes not only in the process of setting standards but also in many other sectors. It might be even used for future references. It is even the perfect time for them to do so since Casey is willing to benchmark their business free. If Lane had gone behind the controllers back and sought the information for herself, it would have been considered unethical, however doing so with full support, the controller would not. However, Lane should insist on offering Casey with just a fraction of the financial data since three-year data sounds a little too large.

References

Armstrong, M. B. (2002). Ethical Issues in Accounting. In N. E. Bowie (Ed.)

Collin, J, (2011) IMA’s Statement of Ethical Professional Practice- https://www.imanet.org/-/media/b6fbeeb74d964e6c9fe654c48456e61f.ashx?la=en

 

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