Corporate and Business Law Assignment 2012

Table of Contents Introduction2 Proceedings2 The evidence3 Precedents set by tribunals6 Conclusion6 Corporate & Business Law Introduction An Employment Tribunal would hear claims regarding matters to do with employment. These could include unfair dismissal, discrimination and redundancy payments. An employment tribunal is similar to a court but it is not as formal and it must act independently. These are commonly open to the public. Employment tribunals are independent judicial bodies who help determine disputes between employees and employers about their employment rights.The tribunal I chose to view and write this report on is an employment tribunal, that involved the claimant putting forward a case of unfair dismissal and breach of contract that was based on the fact that she felt she was unfairly dismissed while carrying out her duties that were set to her by her employer (Dr Monoghon). * Less formal than other court proceedings. * Lower costs. * Benefit of tribunal is they can c hoose to represent themselves. * Lay members specialise in their area of expertise regarding the case.Below are details of the claimant, defendant, time, date and venue. The Case Unfair Dismissal and breach of contract Venue: Croydon Tribunals Date: 13th November 2012 Time: 10:00am – 16:00pm Defendant: Dr Hester Monoghan Claimant: Ms Davidson Evidence: 8 minutes Audio recording After Ms Davidson was dismissed from her job, she later received a call from the nanny agency that she was working for, stating that they had been informed by the police that of an allegation of child abuse by herself on the children.She was then refused to be represented by the agency as they did not want to put forward her name as it would reflect badly on the agency as she had a case on going against her. This prevented her from finding work and therefore was out of work for a period of five months. Ms Davidson opened this case up against the defendant as she feels she unfairly dismissed and had a b ad reputation in regards to her occupation. She therefore wanted to be reimbursed for the loss of the work she missed out on and also wanted to clear her name regarding this issue.Proceedings Upon entering the tribunal room, the judge was seated front centred facing both parties involved in the case, the parties involved were Miss Davidson the claimant, her representative Peter Mathews, seated next to her and parallel to her on the left hand side were the respondents Dr Monoghan and Mr Monoghan. Once entered the judge introduced her and then allowed the defendant and claimant a chance to introduce themselves, preceded by giving defendant an opportunity to provide a brief history of the events which had taken place.Dr Monoghan believed that the claimant had not been fulfilling her duties properly and was in breach of the employment contract as it had come to the Monoghans attention that she was using foul words in front of her children, which the children had picked up and started to use whilst in the home environment. Dr and Mr Monoghan did not approve of this and believed that the claimant had been lying about taking her kids to activities and used to say she did in the diary that had been prescribed to the claimant.For this reason she felt she had to take the situation in to her own hand and therefore had her husband put in place voice recording measures in an open plan kitchen/living/dining room. On 8th March 2012 they made an eight hour recording of Ms Davidson’s shift at her house. This was broken in to segments totalling a twenty minute recroding. After listening to the audio recording they felt that they had â€Å"reasonable grounds to believe that Miss Davidson was verbally abusive and showed a lack of empathy and lovingness towards her children.The evidence The judge then gave Dr Monoghan a chance to play the evidence that had been produced but Mr Monoghan then intervened and then asked the judge â€Å"Is it not against privacy right to play a recording in a public tribunal†. The judge then referred to a ruling book and then she made a judgment that it would be allowed as she felt it corresponded to the guidelines of the tribunal proceedings. Mr Monoghan then setup the audio to show the recording that was made on the 8th March 2012 whilst his children were in care of Ms Davidson.I felt this expression was used for the fact that it was a public viewing and Mr Monoghan felt it was a sensitive situation as it involved his children of a minor age which could be seen as a private matter to him and his family as he would not want his kids further involved in this situation. The audio recording was of snippets of dinner time while the children were in care of Ms Davidson. The children were not paying attention to what Ms Davidson was telling them to do and therefore this was frustrating her.Her mannerism towards the children then indicated that she was persistent for the children eating their food also indicating threate ning behaviour indicated the comment by â€Å"if you don’t eat your food the trolls are going get you†. There were words used such as; â€Å"Go away† â€Å"Shut up† â€Å"Can you just eat your food!! † â€Å"Stop it† There was a constant rudeness to the children throughout this recording. The male child was especially picked on by Ms Davidson as she would say to him â€Å"You, stop being bossy to your sister! During the recording there was a clear sharpness to Ms Davidson’s voice towards the children and there was a continuity of abusive behaviour towards the children. Questioning of Dr. Monoghan Once this audio recording was finished the judge then asked the defendant, Dr Monoghan, to come up on the witness stand. Dr Monoghan was then asked to read out the Oath of Truth in court. The judge then began to ask her questions to break it down and try and work out really what happened.Talking about the appraisal meeting in January defenda nt explained that she had raised the fact that the children had been using inappropriate language to her and her husband such has â€Å"shut up† and â€Å"that’s tough†. She then went on to say that she had highlighted this to Ms Davidson and asked her to restrain from using these words in front of them as felt it would have a negative impact on their upbringing. She also asked Ms Davidson to focus on the male child as she felt her relationship with the female child was a good one. To this Ms Davidson replied by saying that the male child was the most difficult child she has ever looked after.To this the defendant replied that this meeting had been set up simply to raise their concerns but were given no reassurance by Ms Davidson stating that these problems would be sorted. They informed her of the fact that they had a recording and asked her if she would like to hear it but Ms Davidson said she could not do this as she had a job interview to go to as she was go ing to become redundant within the next month and Mr Monoghan had been made redundant from his job and was therefore going to take control of the child care himself. Dr.Monoghan then stated they both left the room and decided between themselves that they were not happy for the claimant to continue her job and therefore dismissed her there and then. Questioning of Mr Monoghan Mr Monoghan stated that he raised concerns and for this reason he was not happy for Miss Davidson to continue looking after his children as he was concerned about the safety of his children. He then stated that he offered to play the recording to Ms Davidson but she refused as she had an interview to attend as she was coming to the end of a contract.This was due to Mr Monoghan becoming redundant from his job and therefore taking control of his children’s wellbeing. Questioning of Ms Davidson Ms Davidson confirmed that the transcript of the meeting was correct. She then went on to say that she felt that sh e was not prepared for the meeting and felt as if she had the right to have an independent witness with her. She then went on to say that she had only said â€Å"Shut up† to the children once and it was unfortunate that she had been caught out on that one instance.She did admit to wrongfully doing by using this phrase towards the children. She was angered with the fact that she was told it was a reference and holiday pay meeting but turned out to be her last day of work. The final verdict The judge felt that as Ms Davidson had been out of work for three months due to the allegations that were made to the police that she should be compensated three months wages. The judge then ordered the defendants to pay Ms Davidson for the two weeks’ notice that she should have had.She dismissed any allegations of MS Davidson physically abusing the children as there was no evidence found and advised the defendants to go through the police if they still felt this was a serious issue a nd also added that no further action would be taken within the tribunal system. Achievement of tribunal proceedings Speed Although the defendant arrived one hour late it still allowed the case to be completed within five hours.From the case I visited I soon realised there was a very productive speed throughout. The case I visited was scheduled for 1 day but was wrapped up within 5 hours and that included a 1 hour lunch, evidence, questioning and the judgment to take place. . There was not much waiting around and the whole case was to the point as through Expertise The judge who was appointed to the case for unfair dismissal was a specialist in this area she specialised in.Off the record the judge mentioned to us that this particular case was a difficult one as it involved one employee and one employer which meant she was dealing with a delicate situation. This was due to it involving children of a minor age and there had clearly been strong relationship between the family and Ms Dav idson as it was previously stated in the appraisal meeting which clearly documented Ms Davidson as having a â€Å"loving and caring relationship† with her children.The judge began by introducing herself and unfortunately she did not have anyone else along with her judging the case so. There was an instance when Mr Monoghan raised an issue of the audio recording being heard while we were present as it children of a minor age talking on it throughout and after consulting a book for a few minutes she then came to a decision that it would not be a problem for this to be played out load while the public was present. Accessibility There are different mediums in which the claimant can use to put forward a case.The most commonly one used is usually the ET1 form, requiring the claimant to state the details of the case which they wish to put forward outlining the circumstances and any other issues regarding the case. However there are other formalities that can be used such as contacti ng the authorities through email or telephone. The accessibility of the case falls upon the representative to send through the relevant forms in order for the case to be reviewed and considered for a tribunal hearing. Fairness From what I witnessed at the tribunal case I felt that Dr.Monoghan and Mr Monoghan were unfairly judged by the judge as by the evidence that was heard it was clear to see that Miss Davidson was clearly not exercising her job efficiently enough as she was clearly heard using foul language in front of the children and I do believe she should of controlled her temper as this is what she was trained to do. I felt she Miss Davidson won the case based technicality as she was able to say she wasn’t directing her language towards the children and as of this was able to bypass the system and win the case.The judge should have shown more compassion towards Dr. Monoghan and Mr Monoghan as it was a case that applied to their children and therefor was a sensitive on e for them as it could affect the children on the long term. Precedents set by tribunals The lower tribunals are not there to set binding precedents for any other court or even themselves. They are bound by the decisions of superior courts and appellate tribunals.Appellate and Employment appeal tribunals are bound by the decisions that are made by the Supreme Court but they would usually be required to being bound to the decisions that they made themselves (English legal systems, Richard Ward and Amanda Akhtar 11th edition). In regards to employment appeal tribunals, matters of law are binding on decisions of appeals and the House of Lords, although decisions of the high court in England and wales would usually have a great persuasiveness and the ribunals would similarly go with the principles that can be found in those decisions. There are certain precedents rules and guidelines that have been set out by previous legal cases and these have to be followed by tribunals. This allows t here to be more of efficiency throughout the case as the defendants can refer back to the case that is in conjunction with the case however within the judicial system of a tribunal court there is a leniency and flexibility based on the case this was as well as the evidence and information provided by both parties.Taking this information into consideration the laments will then deliberate and make their decisions. Similar cases may have different outcomes which will not be based on the same precedents. Tribunals such as an employment based cases are required to follow certain procedures and take in to consideration such as reasons for dismissal with the notice given for dismissal and other externalities that are relevant to the case for dismissal. Main issueThe main issue with tribunals setting binding precedents for other courts and themselves is that in tribunals there is a sense of flexibility in their operations and the judges and the courts use their interpretation of the situat ion to make a judgement and it would be optimistic to think that the doctrine of the binding precedents achieves the certainty and flexibility. Conclusion The judgement of the case went in favour of the claimant in the tribunal.I feel this is an unfair judgement as the parents had intrusted the claimant in taking care of their children in an appropriate manner but it was clear throughout the audio that was played that was not applied by the claimant and there was a constant rudeness and aggressiveness towards the children. I feel that as the claimant would have been a trained with the necessary skills to look after the children she should have still been able to detach her emotions from her actual duties towards the children as she is trained in this profession. Reference http://terryandco. hubpages. com/hub/Advantages-and-Disadvantages-of-Administration-Tribunals

Tissue Donations

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One of the reasons which has made this system more prone to criticism is due to the recent modifications made to it with the amendments made to the areas that are more concerned with the proceedings of these crimes.Every citizen has the right to be safe and is always eager to know that whether the criminal will be brought to justice or not.punishing the offender can increase public faith.CJS also aims at practicing fairness in the system fair treatment to everyone. A few societies have been able to setup criminal justice institutions that practice equality,fairness and openness (Prillaman 2000; Solomon and Foglesong 2000; Ungar 2002). The local criminal justice board led on reducing crime and administering justice on local basis. The crime levels have been increasing, which leaves the subject even more criticized however there exists a mistrust of justice for those who believe that the innocent people are being punished and the guilty people escape. Mostly justice systems that practice secrarcy, brutality and arbitrariness are in a society that is under authoritarian regime (Smykla 1989; McElligott 1994; Shelley 1994; Trevaskes 2004). We will examine how the CJS works and focus on the crime control model and due process model. Its theories and models are are identified following. Due process model: it can be said that the current system in UK is a element of the Due Process Model. The Model looks very much like an obstruction route. Each of its succeeding stages is planned to present frightening impediments to carrying the accused any further along in the course. this was created by the American Commentator Herbert Packer in 1968.the primary social goal of the model is Justice and there is an emphasis on fairness and procedural due Process. Basically the model insists on the avoidance and removal of mistakes to the level possible, a process of evidence gathering and dealing with suspects that are needed to protect the accused. The crime control models primary goal is to control crime and punishment of offenders, focuses on ensuring that the police get the convictions in courts. It emphesises on the responsibility of an individual to protect the citizens of the society that abide by the law by apprehending and punishing the criminals (Pecker,1968), David Bunkett was responding to a journalists question concerning the Prime Ministers speech regarding a move towards Crime Control Centered Criminal Justice System, on BBC News. One of the major and most disturbing problems of the Crime Control Model is the miscarriages of justice The rest of models like the The restorative justice mode, bureaucratic model ,A medical model, social integration and exclusion model and status passage model requires no discussion yet. Here the main models of crime control and due process will be discussed that are considered as two different ideal types of criminal justice.Protection of the innocence and elimination of crimes from the street is the main role of crime control.While comparing both models it should be borne in mind that proponents of both models embrace constitutional values. According to the crime control model repression of criminal conduct should be the vital purpose of the criminal process and that justice should focus on upholding the rights of victims rather than those of the accused. Based on the concept of police fact-finding it treats the alleged criminal as guilty. This therefore, shows a negative mannerism of the crime control model. Now coming towards the latter goal, in the due process model the focal point is the assumption that a person cannot be deprived of his liberty or rights unless the relevant legal procedures and safeguards are adhered to. Those who believe in harsh approaches towards criminal activity may be classed in favor of crime control whereas those against the notion of state intrusions and harassment of the accused tend to value the due process model. There seems erratic swings in crime control in some societies (Rose,2000). On the other hand, the due process model rests upon the principle of legal guilt and the presumption of innocence. After scrutinizing both the models it appears that much depends on the political climate of a country on what model to adopt. It follows that the crime control model mirrors the conservative ideals while the due process thereby reflecting liberal views. During the 1960s the system was manipulated by the policies of the due process. However, when conservatism dominated from the mid 1970s to the early twenty-first century the criminal justice system took the shape of the crime control model.The most important breakdown that is also considered as the failure of law enforcement is bringing criminal conduct under strict control that vanishes an important condition of human freedom. Successful operation of this model must result into a strong rate of apprehension and conviction. Secondly it has to be done in a manner that although the resources are limited still a very large m agnitude can be dealt with.According to Paul Roberts by far the most important function that has to be performed by the criminal process is based on the proposal of forcibly subjugating crime conduct which is the basic of crime control model. A properly criminalized conduct is the dependency of this model. Punishing the guilty and freedom of the innocenct is the aim of both of these models. Here it should also be mentioned as Zander points out that there are so many important current developments affecting criminal justice that it is difficult to keep abreast of them and even more difficult sometimes to be sure whether they are to be welcomed or deplored .A number of miscarriages can be seen in justice that are rapidly increasing. The three great IRA cases are have gathered a lot of interest and highlighted problem of miscarriage of justice. The Guildford four, Derek Bentley, Birmingham six , the Maguire seven, Judith ward and Bridgewater four. In all these cases later Royal commission found them innocent and before that people served long time in prison for wrongly being accused.. The defendants had their convictions quashed by the court of appeal. The structural reforms purposed and accepted by both the May inquiry into the Guildford four and the Runciman commission, which reported in 1993. In case of Birmingham six, where Defendant was beaten up after arrest and forced to confess. Lord Denning held that the police were guilty of perjury; that they were guilty of violence and threats; that the confession was involuntary and improperly admitted in evidence; and that the convictions were erroneous ,Lord Denning held à ¢Ã¢â€š ¬Ã‚ ¦that the police were guilty of perjury; that they were guilty of violence and threats; that the confessions were involuntary and improperly admitted in evidence; and that the convictions were erroneousà ¢Ã¢â€š ¬Ã‚ ¦ in the case of Cardiff three, where d was held for murder of a Cardiff prostitute and later the convictions were quashed on the basis of the fact. The Lord Chief justice held that the techniques of interrogation used by the police amounted to an oppression of s.76 of PACE. Case of M62 bombing, where d was convicted of murder and causing an explosion. She did not appeal. Her convictions were quashed. Her personality disorder which rendered her confession unreliable. Tottenham three, d was convicted of murder of a police officer. their appeal was unsuccessful. However Home Secretary referred their case back to CA and their convictions were quashed. And Confait, (which resulted in the royal commission on criminal procedure)the d confessed to a crime that they had actually not committed ,similar problems with confession evidence occurred. the common element which was found in these cases was confession from the suspect and its clearly seen how the police has abuse their powers to arrest the victim bringing them to justice thus taking away the rights of innocent party .one thing we should mention is the Royal commission on criminal justice which was set up by the Home Secretary on the day when Birmingham six was released. It was served by the Lord Runciman and its report was published in 1993.the reason was to examine the reality of the criminal justice system. The report was for securing the convictions of the guilty, which contained disclose of evidence by prosecution and defense and unsupported confession evidence.

The Relationship Between God and Evil Essay -- Christian God and Evil

Evil exists. This bizarre conundrum has perplexed philosophers since the dawn of civilization, and remains in hot debate today because of the theological implications inherent in the statement. To many on this planet, the source of life is an all-loving, all-powerful, omniscient god who created the universe – and all the laws therein – in seven days, as described in the Bible. And yet still, evil exists. How can these two premises be simultaneously true? Surely, an all-loving god would want to do something about this problem, and an all-powerful god could absolutely remedy a situation if it so desired. It seems as though the common perception of the Bible’s god is inaccurate. However, it could be argued that the Bible’s god is accurate, and that said perception is somewhat skewed, considering that on numerous occasions, God claims responsibility for evil. â€Å"I make peace and create evil. I the Lord do all these things.† (Isaiah 45:7). The Greek philosopher Epicurus put the Good God’s Evil puzzle in a very clear logical progression: â€Å"Is God willing to prevent evil, but is not able? Then he is not omnipotent Is he able, but not willing? Then he is malevolent Is he both able & willing? Then whence cometh evil? Is he neither able nor willing? Then why call him God? Of course, this doesn’t truly disprove the biblical God, but it certainly puts it into perspective. According to Christian doctrine, God raised His Son, Jesus, from the dead. This seemingly impossible feat proves, in the minds of believers, that their god is capable of anything. But as indicated by Epicurus, the monumental roadblock of suffering hinders this leap of faith. For example, if God raised Jesus from the dead – and thus intervened in the ... ...lized by – God, Dr. Roth’s Divine Dichotomy of the Christian God is now comparable to the duality of the Eastern yin-yang. â€Å"Good† and â€Å"Evil† are clearly inherent in the universe, and are inevitably built into the fabric of all models of the Divine. Works Cited James, William. The Varieties of Religious Experience. New York: Simon & Schuster Inc, 1902. Laertius, Diogenes, and C, D Yonge. The Lives And Opinions Of Eminent Philosophers. City: Kessinger Publishing, LLC, 2006 Mackie, John L. "Evil and Omnipotence." Mind ns 64.254 (1955): 200-12. Http://www.ditext.com. Web. 20 Nov. 2015. Peterson, Michael. â€Å"Toward a Theodicy for Our Day.† Evil and the Christian God. Grand Rapids, MI: Baker Book House, 1982. Roth, John K. â€Å"A Theodicy of Protest.† Encountering Evil: Live options in Theodicy. Ed. Stephen T. Davis. Atlanta: John Knox Press, 1981.

Macbeth: Verdict Not Guilty! :: essays research papers

Macbeth, the Innocent Good day. Today I will prove to you that Macbeth, the king of Scotland, is innocent. It is outrageous that anyone in this courtroom should think otherwise. There are three key factors to consider before it is possible to make any judgment concerning the murderer of Duncan. First of all, before fingers are pointed at Macbeth, I ask you to consider if he is the only suspicious person? A murderer must have a motive and an opportunity. Obviously, there are several candidates that fit this category. Also, before you can reach a final decision, you must consider the character of the individual. Macbeth is a man of the finest character; he does not have the nature of a cold-blooded killer. I am sure you will agree with me long before you go into the jury room. Finally, the will of the gods must be taken into consideration. It is not within the powers of mortals, even important mortals like Macbeth, to change the future as determined by the stars. I am confident that you, dear jury, will con sider the three factors I will shortly describe and realize that Macbeth is a most unlikely suspect. First of all, Macbeth is not the only suspicious person. After all, where were the sons of Duncan just minutes after their father’s brutal murder? You would think that sons who really care about their father would want to discover the truth. What kind of son just runs off and vanishes when he learns of the horrific death of his own father? Where were Malcolm and Donalbain? If anyone here in this court lost a loved one, no one would turn his back, especially to a father. But these young men, next in line to the throne, decided it would be a better idea to wait for the heat to go down. The only possible explanation is that they, themselves, felt guilty. Sadly, I fear, we must also look at Lady Macbeth. Although it is unpleasant to speak ill of the dead, I ask you, why is the Lady dead? We all know that in the period of time before her death she was crazy and possessed. She walked around the castle rubbing her hands and trying to remove the stains of blood that she thought she saw there. Does this sound like an innocent woman? She believed that Macbeth was weak and not driven.

Dr. King

In 1963, after a protest in Birmingham calling attention to the need for equal rights for African Americans, the Reverend Dr. Martin Luther King Jr. wrote an open letter to the coalition of Christian ministers in the American South.   Dr. King found himself the subject of extreme criticism from his fellow clergymen for his protest, specifically the illegality of the   protest. In his essay, Dr. King attempts to appeal to the ethical, emotional and logical sides of countrymen to show them that the laws that he was breaking were unfair and unjust in and of themselves. This paper will critically examine the appeals that Dr. King made and the effectiveness of those appeals.Dr. King begins his argument in favor of his actions with an appeal to the ethical considerations of his audience. â€Å"Since I feel that you are men of genuine good will and that your criticisms are sincerely set forth, I want to try to answer your statement in what I hope will be patient and reasonable terms,â €  (King 1963).   He begins by telling his audience that he respects their motives and hopes that they will respect his.This is an important part of the ethical argument in that King wants immediately to establish that this was not a rash action and that he is not defending himself lightly. Next, he seeks to establish his own credentials and his right to be in Birmingham. King mentions that people in Birmingham have complained of his coming in as an outsider and he immediately wants to clarify that he was invited in.â€Å"I have the honor of serving as president of the Southern Christian Leadership Conference, an organization operating in every southern state, with headquarters in Atlanta, Georgia. We have some eighty five affiliated organizations across the South, and one of them is the Alabama Christian Movement for Human Rights. Frequently we share staff, educational and financial resources with our affiliates.Several months ago the affiliate here in Birmingham asked us to be on call to engage in a nonviolent direct action program if such were deemed necessary. We readily consented, and when the hour came we lived up to our promise. So I, along with several members of my staff, am here because I was invited here. I am here because I have organizational ties here† (King 1963)By first establishing that his organization has ties in Birmingham and that he was invited, King dismisses the idea that he is just an outside rebel rouser. After establishing his right to be there, king establishes the authority under which his ethical decisions will be made. â€Å"Just as the prophets of the eighth century B.C. left their villages and carried their â€Å"thus saith the Lord† far beyond the boundaries of their home towns, and just as the Apostle Paul left his village of Tarsus and carried the gospel of Jesus Christ to the far corners of the Greco Roman world, so am I compelled to carry the gospel of freedom beyond my own home town,† (King 1963) . King calls to mind the ethical standard by which he wants to be judged: the Bible and his faith. Finally, King argues why his action is ethically justified.â€Å"Moreover, I am cognizant of the interrelatedness of all communities and states. I cannot sit idly by in Atlanta and not be concerned about what happens in Birmingham. Injustice anywhere is a threat to justice everywhere,† (King 1963). With this argument he points out the ethical concern that most directly led to the Birmingham protest, injustice.King also appeals to the emotions of his audience. â€Å"Then, last September, came the opportunity to talk with leaders of Birmingham's economic community. In the course of the negotiations, certain promises were made by the merchants–for example, to remove the stores' humiliating racial signs.† (King 1963). He begins by gently reminding them of the racial humiliation that was an integral part of the South at the time. Next, he moves onto the violence that th e average African American in the South had witness or heard.   And finally, he moves on to the emotional appeal of children, before turning the emotionally-charged words filled with hatred and familiar to all Southern â€Å"Negroes†.â€Å"But when you have seen vicious mobs lynch your mothers and fathers at will and drown your sisters and brothers at whim; when you have seen hate filled policemen curse, kick and even kill your black brothers and sisters†¦when you suddenly find your tongue twisted and your speech stammering as you seek to explain to your six year old daughter why she can't go to the public amusement park that has just been advertised on television, and see tears welling up in her eyes when she is told that Funtown is closed to colored children, and see ominous clouds of inferiority beginning to form in her little mental sky, and see her beginning to distort her personality by developing an unconscious bitterness toward white people; when you have to c oncoct an answer for a five year old son who is asking: â€Å"Daddy, why do white people treat colored people so mean?†; †¦when your first name becomes â€Å"nigger,† your middle name becomes â€Å"boy† (however old you are) and your last name becomes â€Å"John,† and your wife and mother are never given the respected title â€Å"Mrs.†; (King 1963)Throughout the essay, king also appeals to the logic of his audience. First, he points out that Southern blacks had attempted to sue the system, but that the system excluded them from it and therefore they could not change the system from within. Then, King begins to use statistics to back up his arguments, beginning first with the sheer lack of black voters in the South. â€Å"An unjust law is a code that a numerical or power majority group compels a minority group to obey but does not make binding on itself. This is difference made legal. By the same token, a just law is a code that a majority com pels a minority to follow and that it is willing to follow itself. This is sameness made legal. Let me give another explanation.A law is unjust if it is inflicted on a minority that, as a result of being denied the right to vote, had no part in enacting or devising the law. Who can say that the legislature of Alabama which set up that state's segregation laws was democratically elected? Throughout Alabama all sorts of devious methods are used to prevent Negroes from becoming registered voters, and there are some counties in which, even though Negroes constitute a majority of the population, not a single Negro is registered.† (King 1963). King also argues that unjust laws or just laws which are unjustly enforced must be changed and that people should take whatever action is reasonable to change them. By providing specific examples, he makes it hard for any logical person to disagree.Though King’s â€Å"I have a dream† speech is more famous than his â€Å"Letter F rom a Birmingham Jail†, it is in this essay that he sets the tone for the entire civil rights movement. In his use of emotional appeal, he moves beyond sheer anger to the disappointment and pain caused by segregation. His logical arguments are made soundly so that opponents cannot argue that he is simply hot-headed or breaking the law for the sake of personal gain. However, perhaps the most important and effective of his arguments come in his ethical arguments. When King illustrates gently, but with great strength, the unethical behavior that has led to the crisis in the South, he is non-accusatory and simply states how things ought to be. This above all else is what marks the greatness of this essay.

Succubus Heat CHAPTER 13

Hearing Cedric assure me I couldn't die lifted a huge weight off my shoulders. I left the Cellar with much less anxiety, though I still had no intention of doing anything that might test how exactly we'd heal from decapitation. So, while I still operated with caution, I no longer felt suffocated or threatened by every aspect of the world. Rather than go home, I drove down to Dante's shop. His store/apartment was in Rainier Valley, on the southeast side of Seattle. He had no regularly posted hours for his assorted â€Å"psychic† services, but he would usually hang around there at night if he had nothing else to do. It tended to be the time drunk people or couples out on dates (or high teens) would wander in looking for fun and novelty. Daytime business hours didn't generally bring out that many who were seeking help from the divine unless, perhaps, it was someone seeking advice on stock trading. Dante had no customers tonight, however. The shop and its flickering neon sign seemed sad and lonely. I pushed through the unlocked door and found him leaning against the checkout counter, leafing through a copy of Maxim . â€Å"What gives?† I asked. â€Å"Your subscription to Frauds and Scams Weekly run out?† He glanced up at me with a smile, flipping black hair out of his face. â€Å"Just needed something pretty to look at since I didn't know when I'd be seeing you again.† I planted a kiss on his cheek. â€Å"Holy shit. That's the sweetest thing you've ever said to me.† â€Å"Yeah, well, I can make some filthy sexual suggestions to you if you'd prefer.† â€Å"What, and ruin foreplay for next time?† This made his grin grow, and he shut the magazine. â€Å"To what do I owe the pleasure? Shouldn't you be visiting our neighbors to the north? Or is that done? I honestly can't keep track.† â€Å"Well. About that.† God, how I was going to explain what had happened? Had all of this seriously happened in just one day? It felt like a year had gone by since I got woozy in the car. â€Å"Something strange happened today.† â€Å"Strange like you sold out of Jane Austen books at the store or strange like the rules of time and space as we know them are about to be ripped apart?† â€Å"Mmm†¦more like that last one.† â€Å"Shit.† I took a deep breath, figuring I should just get the big stuff out of the way. â€Å"There's no easy way to put this, but†¦I'm not a succubus anymore.† â€Å"I never believed you were a succubus.† I groaned. That had been an old joke between us when we'd first met. Oh, the irony. â€Å"I'm serious,† I said. â€Å"No more succubus. And Jerome's disappeared too, possibly opening up Seattle to a new demonic reign.† Dante stared at me, eyes speculative as he assessed me for the truth. He was speechless for the first time I'd known him. Not waiting for more witty commentary, I plunged forward. I explained about the summoning, what it had done to all of us lesser immortals, how demons everywhere were now sizing up Seattle, and why I needed to find Jerome as soon as possible. When I finally finished, it took Dante several moments to gather his thoughts. â€Å"So†¦you've seriously lost your succubus powers?† â€Å"Abilities,† I corrected. â€Å"And yes, I have. Are you saying that after all that other stuff I just told you about the balance of power in Seattle, my succubus status is what caught your attention the most?† He shrugged. â€Å"You gotta admit it's weird. Besides, that other stuff doesn't affect me. You do.† His eyes narrowed. â€Å"Am I going to have to use a condom now?† â€Å"What? No. Of course not.† â€Å"You sure?† â€Å"You've never batted an eye over me stealing pieces of your soul these last few months, but the nonexistent threat of child support suddenly scares you?† â€Å"Well, yeah, seeing as my bank account's got more in it than my soul.† I glanced around the shabby room. â€Å"Debatable.† â€Å"Cute,† he conceded. â€Å"But I'd be asking a few more questions about all of this if I were you. Like, can you die?† â€Å"I already asked that one,† I said smugly. â€Å"And the answer is no. Our immortal bodies are still essentially the same. We're just cut off from all the perks.† I hoped he didn't ask about decapitation because I honestly wasn't in the mood to debate that. â€Å"Okay, so what do you want from me?† he asked. â€Å"What makes you think I want anything?† He looked at me. â€Å"Okay, maybe I do want something. But come on, who else would know more about this stuff than you?† â€Å"Who knows more about demons? Hmm, let me think. I know. How about the demons you work for , the ones who are all-powerful and have been around since the beginning of time?† â€Å"They're not all-powerful. Otherwise they wouldn't need a human for the summoning-or end up getting summoned in the first place. And that's what I need you for. There can't be that many humans in the area capable of doing this, are there? You have to know who they are.† Dante opened his mouth, no doubt with a snappy reply ready, and then abruptly closed it. â€Å"I don't know,† he said slowly. â€Å"I don't keep track of those things.† I leaned toward him, incredulous. â€Å"Of course you do! Do you not want to tell me? Why?† He sighed, his hesitant expression turning typically annoyed. â€Å"Because those kinds of people get pissed off if you start advertising their names.† â€Å"What, you're afraid they're going to come beat you up?† â€Å"No. Not exactly. But there's sort of†¦a professional courtesy in these circles.† â€Å"I'll be discreet. I won't tell them where I got the information.† â€Å"Most of them already know we're together. They'd figure it out. They keep an eye on those kinds of things.† He turned considering. â€Å"Of course, in that same vein, a lot of them know you as a succubus and might just think you knew through your own connections.† He still seemed hesitant, so I played a mean card. â€Å"Well, I can always go ask Erik if you're too nervous about it.† Erik was another mortal in town who dealt with the occult and paranormal. Unlike Dante, who was a practitioner, Erik simply studied and built up knowledge of the magical undercurrents in the city. He had a psychic's gifts and was attuned to what most human eyes didn't see. Sometimes he could even see what immortals couldn't. He and Dante had an old, old grudge and didn't enjoy being around each other, to put it mildly. My attempt to bait Dante didn't work, though. â€Å"Don't even try it, succubus. Making me jealous of the old man won't make me help you.† I looked up at him pleadingly. â€Å"What will make you help me?† He traced the outline of my lips with his fingertip, gray eyes wicked and thoughtful. â€Å"Not sure it's anything you can do while cut off from your super-secret powers. You're not a sex goddess anymore.† â€Å"Hey, I don't need super-secret powers to be a sex goddess.† Just then, three twentysomethings stumbled in, staring wide-eyed at the shop as they tried to stifle nervous giggles. They undoubtedly had the same kind of potential that high teens did. I gave Dante one last frantic plea. â€Å"Please? Just give me the names. You don't have to do anything else. And I won't say anything. I swear it.† Dante scowled, glanced at me, at the potential customers, and then back at me. He told them he'd be with them in a minute and then hastily jotted four names down on a scrap of paper. Two of them I recognized. â€Å"Thank you,† I said. I beamed, and to my surprise, something in his cynical expression softened a little. â€Å"God, that smile,† he muttered. â€Å"You might just be right.† â€Å"About what?† â€Å"You really don't need any powers to be a sex goddess. Your hair's a little messy, though.† He walked around the counter and gave me a quick half-hug. â€Å"Be safe, succubus. Don't test the limits of that not-dying thing.† â€Å"And buy some condoms?† I teased. He shrugged. â€Å"You're the one who was having prophetic dreams about having kids a little while ago.† Turning away from me, he put on his jovial con-man persona and beckoned the group over with pitches about palms and Tarot. He'd spoken the words in a light, off-hand kind of way, but as I slowly walked back to my car, they slapped me in the face. Prophetic dreams†¦ Nyx's dreams. The things she'd shown me during that time had been so vivid that they seemed almost more real than my own life. The thing is, by almost all accounts, Nyx had a grasp on the future and could show people things that would happen to them. That was how she spread chaos in the world, by showing people these visions and making them think they knew how their futures would unfold. Unfortunately, while the visions came true, they never came true the way their victims thought they would. She'd led a lot of people to their deaths that way. Nonetheless, it seemed fairly clear that the dreams she'd sent to me had been distractions, not destructive images of what would come. In my visions, she'd shown me-over and over-with a daughter, waiting for a man I loved to come home. The dreams had consumed me, almost making me want to sleep and have my energy taken each night. As I'd noted while holding Kayla, there was no way any piece of the vision could ever happen to me. I couldn't have any sort of relationship like that. And I certainly couldn't have a daughter, not of my own blood. Immortals didn't reproduce. When I'd sold my soul for immortality and shape-shifting, I'd given up certain aspects of my humanity. There could be no child for me. Not ever. And yet†¦ I came to a stop on the sidewalk, still about a block away from my car. What if Dante had inadvertently stumbled onto something? What if being in this stasis had altered that piece of me that had lost the ability to conceive? Cedric had said I was still technically immortal, but he'd also said my body would respond and heal like a human's. What all did that entail? Would unprotected sex lead to conception? Is that what Nyx's visions had been pointing to? She'd sworn she'd shown me the truth. Had she? I was breathing fast again, though at least this time, I knew I didn't have to worry about giving myself a heart attack. Okay. I needed to calm down. This pregnancy possibility was as distracting as the hooking-up-with-Seth possibility. I'd never get anything accomplished if I lost myself in fantasies. With a sigh, I glanced down at Dante's piece of paper, now crumpled in my hand. I'd clenched it into a ball without even realizing it as I walked. I'd been too preoccupied to even notice†¦ Babies and Seth. The things I wanted most. I forced myself to keep moving toward my car. But as I unlocked the door, I had to wonder ruefully if maybe I shouldn't be so quick to get Jerome back after all. I started following up on Dante's leads the next morning. Leaving my place was a little harder than I'd expected, though. Despite the fact I got ready plenty of mornings without shape-shifting, my closet seemed terribly small. And while my hair seemed fine when I finished it, I had a feeling it'd be frizzy the next time I checked the mirror. The only bright part was when I found Dante's watch under the bed. I thought I'd lost it yesterday, so at least my accessories collection was still respectable. Nonetheless, I had a feeling I was soon going to discover just how much I'd come to rely on my abilities. Locating addresses from Dante's list of names required a little sleuthing here and there, but for the most part, I didn't have much difficulty finding them. Unfortunately, once found, these magicians weren't exactly helpful. One of the ones I visited knew me. She was familiar with Hell's local servants, and while she gave me a small degree of respect, she was as hesitant to answer questions as Dante had insinuated. Two of the other names were people who didn't know me, and that immediately created a problem. With my succubus powers shut off, I had no immortal signature, and both of these people were the types who could sense that. Me coming in and claiming to be a succubus was met with scorn and disbelief. I managed to glean some information from them but nothing of any use. Equally difficult was that not only could they not sense me, I couldn't sense them. Admittedly, a succubus didn't have the same ability to gauge human power the way a full-fledged demon could, but I could occasionally sense magic around a person or object. Today, I was completely blind. I had to rely on my strength to read people, but these dark magicians were as good at cons as Dante. They were well-versed in the art of concealing the truth. It was almost noon by the time I visited the last name, a guy named Greg. I felt pretty discouraged by this point and even cracked and had a cigarette along the way. Greg had no storefront like Dante and mostly worked his spells out of his house, a small bungalow in Wallingford. When he answered the door, his disheveled state told me I'd woken him up. On the bright side, he recognized me, which meant I wouldn't have to convince him I was a succubus. â€Å"What do you want?† he asked suspiciously. He was built big and could have had an impressive physique if he'd ever gone to the gym. It was obvious he hadn't. â€Å"I wanted to talk to you about demon summoning.† â€Å"I don't know anything about it.† He started to shut the door. I stuck my foot out to block it. â€Å"Wait. Do you know anyone who would?† â€Å"No. And even if I did, what makes you think I'd tell you?† He tried to close the door again, then paused. He narrowed his already too-small eyes at me. â€Å"There's something weird about you. No aura.† I didn't answer right away. â€Å"Maybe you're losing your touch.† This actually brought a small smile. â€Å"Not likely. What happened? Who got summoned?† â€Å"No one. And even if they did, what makes you think I'd tell you?† I mimicked. He laughed, a guttural sound that came from low in his throat. When the laughter faded, he studied me for several long seconds, face cunning and speculative. â€Å"Okay. I'll talk to you.† He pushed the door open. â€Å"Come on in.† I gingerly stepped into his living room. The place was a disaster. Dirty dishes were piled on the coffee table, the remains of food hardened and crusty. Dust coated every piece of furniture, and the wood floor looked like it hadn't been swept since the last century. Uneasily, I wondered if my new humanlike body was susceptible to germs. Several books were piled on the couch, their covers meant to look sinister in shades of black and red with drawings of pentagrams. It put me in mind of Evan's faux Satanic accoutrements, though as hard as it was to believe, Evan had a thousand times more class than this guy. Greg offered me neither a chair nor refreshments, which was fine by me. He stood in front of me, arms crossed. â€Å"Well? What do you want to know?† â€Å"I want to know if you've done any demon summoning lately.† â€Å"Not that any demons have been summoned, of course.† â€Å"This is speculative,† I replied with a simpering smile. I studied as much of his home as I could while I spoke. Beyond him, I could see an equally messy kitchen with a gas stove and magnet-covered refrigerator. â€Å"You think if I'd summoned a demon, I'd be living like this? Fuck, I'd have plasma-screen TVs and concubines.† I recalled the discussion with my friends, noting that any human who'd summoned Jerome would simply keep the demon hidden and not use it for personal gain and errands. Still, if Greg had summoned Jerome on behalf of another demon, there would have been some reward involved. Maybe it wouldn't entail TVs or concubines, but it seemed like there'd be some sign of a windfall here. Maybe he'd gotten a Swiss bank account. â€Å"Okay. You know anyone who recently acquired concubines?† â€Å"Nope. But I can give you some names of people who'd be more likely.† He listed two of the magicians I'd already visited. â€Å"I've talked to them.† â€Å"Sorry. Not my problem.† My eyes returned to the books on the couch. I stepped toward them. â€Å"May I?† â€Å"Knock yourself out.† I picked up one of the books, skimming through it in hopes of finding information about summoning. Nope. It was fluffy â€Å"evil† stuff, exactly like the Army of Darkness' propaganda. The second book proved the same. The third, however, was a legitimate spell book, filled with the kind of dark rites Dante practiced. Hopeful, I flipped through the pages one by one. It had some vile contents, but there was nothing about summoning. Greg's willingness to let me browse the books should have been a tip-off that they contained nothing of use. â€Å"All done?† I jerked around. Greg's voice was close to me-too close. I'd had my back to him while checking out the books, but now he was right behind me. I took a few steps back and bumped the couch. â€Å"Yeah,† I said nervously. â€Å"Thanks for the help. I should leave now.† â€Å"Not yet,† he said, moving closer. â€Å"You just got here.† I tried to wriggle off to the side, but his hands suddenly reached out and grabbed a hold of my arms, pinning me into place. â€Å"What are you doing?† I demanded. There went my heart rate again. â€Å"I don't know what's going on with all this summoning stuff, but I do know there's a succubus here who doesn't feel like a succubus anymore, which probably means you can't fight like one.† I tried to break from his grasp, but his hands were like steel. â€Å"You're crazy. Of course I'm a succubus. You know I am.† â€Å"Yeah? Then shape-shift away from me. Turn into a bird. Turn into a bodybuilder.† I clenched my teeth and tried to shake his hold again. â€Å"Let me go, you son of a bitch. You hurt me, and a whole host of demons are going to show up and rip you limb from limb.† â€Å"Not so sure about that,† he chuckled. â€Å"This is a once-in-a-lifetime chance. You think any succubus would fuck someone like me?† He shoved me down onto the couch, one strong arm pinning me in place while the other hand fumbled awkwardly under my shirt and grabbed a hold of my breast. Moving his head close, he tried to press his lips against mine, but I turned my head just in time. â€Å"Let me go!† I screamed. I managed to wriggle a leg free and knee him in the gut. It wasn't enough to free me, but it made him scowl. I'd worried about getting hit by cars, meteors, and structurally unsound overpasses. Never, never had I thought about being raped. It hadn't been a fear of mine for centuries, not since I realized I could shape-shift into someone larger and stronger, someone capable of throwing off any assailant. Maybe it shouldn't have bothered me so much. I'd had sex with plenty of people I didn't like over the years. I'd always grimaced and waited it out. But there was something about this that was different. It wasn't my choice, and compounding it all was the feeling of helplessness I had. I hated not having options. I hated not being able to think my way out of something. There was nothing to be done, though. Not this time. The most I could do was keep struggling and flailing. I did have some self-defense training, after all. I'd learned to use weapons and punch over the years. I'd nailed Niphon pretty good at Christmas. Unfortunately, what I could do now was limited with Greg on me like this. He simply outweighed me. Still, my efforts must have proven annoying because Greg growled and grabbed both my arms in an attempt to flip me over. I yelled profanities at him and got another knee-jab in, close to his groin but not close enough. And that's when it happened. The smell hit me first. An overwhelming and suffocating odor of natural gas. I stopped struggling for half a second. I didn't need to be human to know that meant trouble. Before I could process that further, the kitchen exploded into flames. Fire expanded out into the living room. It didn't quite reach us, but I think Greg must have still gotten burned because he screamed in pain and released his hold on me. His body had shielded the worst from me, and mostly all I felt was a rolling wave of heat and air. I didn't bother to think or question anything. Greg had released me in his confusion, and I bolted. I scrambled from the couch and ran out the front door, away from the fire. Away from Greg. I drove off as fast as I could, my Passat's tires squealing on the pavement. Sweat poured off me, and my hands could barely grip the steering wheel through their shaking. About a mile away, I heard the singing of sirens, but I couldn't spare a thought for what had happened. I couldn't think about whether Greg had made it out or not. I couldn't think about how a gas leak had miraculously saved me. The only thing I could think about now was getting away and getting to safety.

Business Management Danone

BUSINESS MANAGEMENT ————————————————- CONTENTS PAGE introduction3 literature review4 swot analysis4 external factors4 organizational structures5 hofstede’s theory5 cultural elements5 motivation6 danone’s analysis7 I- strategic analysis7 1- DANONE’s industry7 2- swot analysis8 3- exploring new opportunities 11 II- organizational analysis12 1- external factors12 2- DANONE’s organizational strucure13 3- home country’s culture impact15 – DANONE’s motivational system16 conclusion and recommendations 18 bibliography19 appendices21 ————————————————- INTRODUCTION We have chosen the group DANONE because it is a world-famous leading French group, which is often recognised for its management leadership. DANONE is a food-produc ts multinational corporation based in Paris. It is the world leader in fresh dairy products, 2nd in bottled water and baby food and European leader in clinical nutrition.Business Management Study GuideBeing a leader in these 4 segments corresponding to the heavy trends of consumption and deriving more than 50% of its turnover from developing countries have helped the Group to secure a 6,9 % growth in 2010 despite the down turn of world economy. It is obvious that to be able to be successful on these highly competitive markets, a company owes to apply a good strategy. The group is also supported by an effective communication and by a strong involvement in Research and development where they spend 1% of their global turn over.But above all these, with its fast development in emerging countries often through joint ventures and its switch in 2007 of 40% of its activities from biscuits to baby and clinical food, what has been critical to insure its success through these drastic changes h as been the management of the group under the strong leadership of Franck Riboud who succeeded, as chairman and CEO of DANONE, to his father Antoine in 1996.Through this study, we shall show how DANONE possesses a real identity very present in its management and organization and that this cultural model, initiated since the early 70’s by Antoine Riboud and enhanced by Frank Riboud, has been key to the Group success. ————————————————- LITERATURE REVIEW * SWOT analysis â€Å"A strategic planning tool that includes external and internal factors and is utilized by businesses and other organizations to ensure that there is a clear objective defined for the project or venture, and that all factors related to the effort – positive and negative – are identified and addressed. (Tatum, 2010) The SWOT’s process involves four areas of consideration: * Stre ngths: characteristics of the business or team that give it an advantage over others in the industry. * Weaknesses: are characteristics that place the firm at a disadvantage relative to others. * Opportunities: external chances to make greater sales or profits in the environment. * Threats: external elements in the environment that could cause trouble for the business. Identification of SWOTs is essential because subsequent steps in the process of planning for achievement of the selected objective may be derived from the SWOTs. External factors According to David Buchanan and Andrzej Huczynski (5th edition), external factors of a business organization include: * Macro-environment factors (PESTLE analysis): â€Å"identifying the Political, Economic, Social, Technological, Legal and Ecological factors affecting an organization. † * Micro-environment factors (Porter’s â€Å"Five Forces†): * Competitive rivalry * Threat of new entry * Buyer power * Threat of substit ution * Supplier power * Organizational structuresBased again on David Buchanan and Andrzej Huczynski (5th edition), organizational structure is: â€Å"The format system of task and reporting relationships that controls, coordinates and motivates employees so that they work together to achieve organizational goals. † The purpose of organization structure is, first, to divide up organizational activities and allocate them to sub-units and, second, to co-ordinate and control theses activities so that they achieve the aims of the organization. * Hofstede’s Theory You can read also Portfolio Management QuizzesHofstede’s research gives us insights into other cultures so that we can be more effective when interacting with people in other countries. As it was clearly defined at Alan Godsave’s lecture (2011), Hofestede’s cultural dimensions are: * Individualism: People look after selves and immediate family only. * Masculinity: dominant social values are success, money, and things. * Power distance: Less powerful members accept that power is distributed unequally. * Uncertainty avoidance: people feel threatened by ambiguous situations; create beliefs/institutions to avoid such situations. * Time and Relationship dimensions. Cultural Elements According to Bauer and Erdogan (2009):  «Ã‚  Culture can be understood in terms of seven different culture dimensions, depending on what is most emphasized within the organization. For example, innovative cultures are flexible and adaptable, and they experiment with new ideas, while stab le cultures are predictable, rule-oriented, and bureaucratic. Strong cultures can be an asset or a liability for an organization but can be challenging to change. Organizations may have subcultures and countercultures, which can be challenging to manage.  » Culture dimensions (the organization culture profile): Innovative * Aggressive * Outcome-oriented * Stable * People-oriented * Team-oriented * Detail-oriented * Motivation â€Å"The cognitive, decision-making process through which goal-directed behaviour is initiated, energized, and directed and maintained. †(David Buchanan and Andrzej Huczynski, 5th edition) Motivation can be regarded as a broad concept, which includes preferences for particular outcomes, strength of effort (half-hearted or enthusiastic) and persistence (in the face of barriers). These are the factors that we have to understand in order to explain our motivation and behaviour.These are the factors that a manager has to appreciate in order to motivate em ployees to behave in organizationally desirable ways. ————————————————- ANALYSIS I – STRATEGIC ANALYSIS 1 – DANONE’S INDUSTRY History, according to DANONE official website, www. danone. fr The original company bearing the corporate name was founded in 1919 by Isaac Carasso in Barcelona (Spain) as a small factory producing yoghurt initially sold in Pharmacy. The factory was named Danone, a Catalan diminutive of the name of his first son. Ten years later, the first French factory was built. Also you can read  Business Ethics ComprisesIn 1967, Danone merged with Gervais, the leading fresh cheese producer in France and became Gervais Danone. Another branch of Group Danone descended from industrial glassmaker BSN, which was founded by the family of Antoine Riboud. He transformed BSN into one of Europe's leading food groups in the 1970s through a series of acquisitions and mergers, including the 1973 merger with Gervais Danone. The acquisitions initially took the shape of vertical integration, acquiring brewer Kronenbourg and Evian mineral water that were the glassmaker's largest customers. In 1973, the company merged with Gervais Danone and began to expand internationally.In 1979, the company abandoned glassmaking. In 1987, Gervais Danone acquired European biscuit manufacturer General Biscuit, owners of the LU brand, and, in 1989, it bought out the European biscuit operations of Nabisco. In 1994, BSN changed its name to Groupe Danone, adopting the name of the groupâ€⠄¢s best-known international brand. Franck Riboud succeeded his father, Antoine, as the company's chairman and CEO in 1996. Under Riboud junior, the company continued to pursue its focus on three product groups (dairy, beverages, and cereals) and divested itself of several activities, which had become non-core.From 1999 to 2006, the group sold its glass-containers business, its European and Chinese beer activities, its Italian cheese and meat businesses, and its sauces business. Despite these divestitures, Danone continues to expand internationally in its 3 core business units, emphasising health and well-being products. In July 2007, it was announced that Danone had reached agreement with Kraft to sell its biscuits division, including the LU and Prince brands. Also in July 2007 Danone bought the Dutch baby food and clinical nutrition company Numico creating the world's second largest manufacturer of baby food.Facts 2010 Sales: 17 080 million euros Operational profit: 2 578 million euros. Employees: 101 000 Factories: 159 World Ranking in the food industry: 5th CAC 40 (Paris stock exchange) ranking in capitalization: 9th Activities, Brands (DANONE official data and information, available at www. danone. com) – Fresh dairy products: with 20 % of the world market (35 % in certain countries) and a presence in about forty countries, Danone is the leader on this market. This activity, representing 57 % of the turnover of the Group, recorded an increase of 6,5 % in 2010.The strategy of the Group within the world market of the dairy products is to lean on innovations products centred on â€Å"helping your health † and on local adaptation of its brands. Main brands: Danone, first world mark with Danone, Actimel, Activia, Danonino (Small Gervais in Fruits), Vitalinea (Taillefine, Vitasnella or Ser in some countries), Danacol, Gervita and Dany. – Packaged waters: This activity, representing 17 % of the turnover of the Group, recorded an increase of 5,3 % in 2010. Main brands: Evian (world 1st bottled water), Volvic, Aqua, Bonafont and Font Vella Baby food: This activity, representing 20 % of the turnover of the Group, recorded an increase of 8,9 % in 2010. Main brands: Bledina, Gallia, Nutricia, Nutrini, Milupa, Cow&Gate, Bebiko. – Clinical nutrition: this last pole, representing 6% of the turnover, recorded a 9% increase in 2010. Main brands: Nutricia, fortimel, Nutrison http://danone10. danone. com/vignettes/fr/html_danone10/docs/Principaux_indicateurs_2010_FR. pdf 2 – SWOT ANALYSIS * INTERNAL * STRENGTHS Promotion * A brand more than a company Legitimacy to impose its products. * Master in marketing (copied by Unilever and Nestle). Take advantage of a strong image as specialist of food with health connotation. The group strengthen its scientific credibility by clinical studies (DANONE institute). * Derive World fame, thanks to Evian, the world famous brand of water. Price * Capacity to impose its prices thanks to its notoriety and its image. * Possibility of imposing high prices with regard to the market health connotation. Distribution – Notoriety Allows a referencing in all distribution channels. – The standardization / globalization of its products allows to answer at universal needs, optimizing their global distribution. Margin of important negotiation market share and spectacular notoriety. – Model geographically well balanced with half of the turnover in emerging countries, 10% in the USA and the rest in Western Europe. – Possibility of self-financing in the case of new subsidiaries important financial capacities. Product * Strong capacities of innovation all over the world. * Adaptation to foreign consumer habits. * Benefit from an excellent mastering of its businesses specificity – know how to make. * Have at the same time a portfolio of international brands and very robust local positions. Strong trust and loyalty of the consumers to products ( due to the quality control). Organization * Benefit from a healthy financial structure and a good level of internal growth. * Unique flexible decentralised organisation * The most powerful food Group in the sector of the health. * Intensification of the strategy of growth. * Have competitive advantages (brands, distribution network) unique in 2 businesses (Water, Dairy products). * WEAKNESSES Promotion * Sued for misleading advertising. Price * Increase of the level of the prices due to high cost price of raw packaging materials.Place * The policy of standardization of products makes potentially difficult taking into account the sociocultural differences or the taste differences of the various populations. Product * The policy of standardization is a barrier to operate adjustments produced according to the evolutions of markets or the changes of trend. * The globalization is a difficulty to take into account the strategies of differentiations of the competitors, in particular at the level of a specific country. * The brands are the main asset of the company.Organization * DANONE’s model may be difficult to be accepted over corporate culture and differences of management in various countries. * Difficulties to integrate exogenous elements into its culture. * EXTERNAL * OPPORTUNITIES Offer – Opportunities of external growth through Potential foreign partners seduced by: * The respect and the conservation of the partner’s corporate culture * The understanding of his culture before a proposition of common projects * The cultural footbridges in favour of ideas and knowledge sharing. The quality of the industrial and marketing know-how facilitate the co-branding with the other brands on the other markets. Demand – Expanding market (convenience goods). – A large number of countries remain to be converted to fresh dairy products as well as bottled water (developing countries). – Even in times of crisis the most basic needs of consumers is food. Influences * Healthy food became a major subject and is widely followed and supported by the consumers and the legislation (preventive campaigns against the obesity). * THREATS Offer * Strong direct competition by hard discounters and store brands. Strong competition in the field of the water PepsiCo (Aquafina) and Nestle (Perrier). * Inflationary environment of dairy products. * Increasing Costs of the communications often involving to part from certain brands. * Anchored in a very competitive system link to the expansion of its market. Demand * Versatility of the demand linked to the diversity of the offer on the food market. Influences * Governmental campaigns concerning the health potential problem of excessive consumption of fresh dairy product. 3 – EXPLORING NEW OPPORTUNITIES * According to le Figaro website (www. efigaro. fr), since August 2011 DANONE is experimenting its own â€Å"fast food† restaurant and corners in France under the name â⠂¬Å"Danone bar† to sale yogurts. If it works the model could be duplicated first in various cities in France and then major cities in other countries where the dairy product are consumed essentially at home and not outside. (Please, see picture N °2) * Based on web and luxe website (www. webandluxe. com), Evian is also experimenting home delivery in Paris, based on the fact that some customers are reluctant to buy themselves bottle water packs because of their weight.If it works this idea could also be duplicated in major cities. Furthermore Evian claims that it will help with its carbon print as these deliveries are made with electrical cars. * Evian has also opened a new website, (www. myevian. com), were customers can buy customized bottles with their name or a specific date/event engraved with laser on the bottle. (Please, see picture N °3) * Savia, a new range of soy-based milk and yogurts, made its debut in southern Europe in 2009, and in France Taillefine, the brand that invented light dairy products, launched a new line of fruit desserts in partnership with Andros, a leading fruit processor. www. danone. fr) II – ORGANIZATIONAL ANALYSIS 1 – EXTERNAL FACTORS * PESTEL ANALYSIS We redacted this part of the work based on external factors’literrature review. * Political factors. Up to now there are four types of political factors potentially affecting Danone: * The â€Å"Danone† Amendment that the french government passed in 2005 to protect the group and its minority shareholders from a rumoured take over by PepsiCo * The potential threat of an increase in customs taxes between Europe, Asia (most of all china), and NAFTA due to the world economic crisis. Increased Government campaign for public health against obesity will be likely to increase the group sales. * Change in the European Union agricultural subsidies will affect strongly the milk producers thus having a strong impact on the European business of Danone. * Ec onomic factors. * Rate of exchange of Euro versus Yuan and Dollar may play a role in the sales of European made products elsewhere but through joint ventures in a number of countries, this risk/opportunity is downsized for the group. * General slow down of world economy but so far the group has a growth higher than the world average. Increased demand of better food product in Asia, India and Brazil with the average standard of living increasing have a positive impact. * Increase price of raw materials, due to tightening of supply vs. demand, such as plastic, will have a strong impact on packaging cost  which represents a significant part of the product cost in bottled water: the growth of water revenues in 2010 was lower than the growth in quantities because of this factor. * Social factors. * Except for Africa the world population is ageing, this will have a potential positive impact on the demand for healthy food (activia†¦ and in the richest countries for clinical food but it twill impact adversely the infant food segment. * On the long run this may also have an impact on the workforce but for the next decade Danone work force is relatively young. * Increased awareness of the population of all ages to the positive or negative health effect of food. * Increased demand for fair trade may increase the price Danone has to pay to milk producer in non-or poorly regulated areas like Africa. * Technological factors: New biotechnologies, molecules or proteines may increase the credibility and effectiveness of cosmetic and health food thus giving an edge to Danone which has focussed its strategy on these segment since much more time than its main competitors and have the research facilities to do so. * Environmental factors: * The growing scarcity of good drinkable water may increase the sales of the water division, as it has already been the case in some countries like Spain. Greater requirements for recycling of plastic packaging and lowering carbon print ma y lead to the need of a change in Danone’s packaging and distribution.They have already thought about it through home delivery of water and reutilisation of empty bottle as mentioned before. * Legal factors: * The recent case of Danone being sued for misleading advertising on the supposed health benefit of some of its products (Actimel) may have further implications and force it to change substantially its line of communication. 2 – DANONE’S ORGANIZATIONAL STRUCTURE † A structure is all the functions and the relations determining formally the missions and the functions which every unit of the organization has to achieve and the modes of collaboration between these units † (STRATEGOR, 1993) HIERARCHY SYSTEM Danone organization is built in a way to increase flexibility and efficiency, optimize integration of employees in the group and facilitate functional, geographical and cultural synergies. It is basically a division type organization. (Please, see picture 4) In the classification of international groups introduced by Howard Perlmutter, Danone is a geocentric firm: An equal sharing of power and responsibility between headquarters and subsidiary; senior management promoted according to ability rather than nationality; subsidiaries that share worldwide objectives with managers focusing beyond national market interests.In Danone the benefits of cultural diversity, such as knowledge of local customers and business practices, are harnessed for the good of the firm as a whole. Local divisions must identify aspects of diversity that are most important to them and their operations and take the lead in expressing and managing these differences. Discussion, interaction, cross-divisional teamwork and job rotation, support, awareness, and understanding go alongside training programs, language courses, and cultural assimilation.It is typically a  «Ã‚  think globally, act locally  Ã‚ » company. * DANONE’S LOCATION IN ACCORDANCE W ITH HOFSTEDE’S THEORY * Individualism: This dimension is certainly medium-low in Danone. People are expected to do cross-divisional teamwork and loyalty to the group rather than individuals is highly valued. In return each division and functions know that they can count on the others when facing a problem. * Masculinity: This is a dimension were the cultural aspect of France and Danone’s CEO personalities have plaid an important part in Danone’s culture.The score of France and in general Latin countries is not very high. Furthermore the fact that an important part of the business is now done in developing countries where this dimension is low have reinforced this aspect. So we would say that Danone is certainly more â€Å"feminine†. This could explain also that so far the US is not one of Danone’s main markets because of its strong masculinity cultural component. * Power distance: Like most international group with a divisional type organization, p ower distance is relatively low to medium.Inequalities among people will tend to be minimised, decentralisation of activities is important, subordinates expect to be consulted by superiors, and privileges and status symbols are less evident. However it is also * Uncertainty avoidance: Being a group dealing with the food market, the standardization of products, brands, common values world wide are a way to avoid as much as possible uncertainty. On the other hand the Group has to adapt permanently to external elements as we will see in the Pestel analysis so from our point of view, uncertainty avoidance dimension is medium to high. Time and Relationship dimensions. According to Frank Riboud and Myriam Cohen-Welgryn (2011), Danone is looking at the long term:   Ã¢â‚¬Å"A company cannot succeed in the long run if it turns its back on the society it is a part of, if it only looks to its short-term economic gain. †. Their strategic move in 2007 when they sold the world N ° 2 bisc uit division in exchange of infant and clinical food brand is certainly a proof of that. On the other hand Danone is a company strongly engaged in the immediate social wellness of its employee and countries where they have factories.All this cultural and strategic aspect of the Group was well summarized by Antoine Riboud in the 90’s: â€Å"The most successful companies are the ones who think simultaneously about the technological change, the contents of the work and the change of the internal social connections in the company. † 3 – HOME COUNTRY’S CULTURE IMPACT * DETERMINING ELEMENTS OF DANONE’S CULTURE First of all DANONE is a multinational group which wants to share and transmit it own values in all countries where it’s implanted. Based on DANONE official website (www. danone. om), DANONE has four important values that have to be passed on through their products and their commitments all over the world: * The openness: this value includes various notions such as the open-mindedness, the curiosity and valuing diversity. * The enthusiasm: It symbolizes the desire and capacity to take risks and explore new, not to mention the conviction to surpass oneself and to take some pleasure by working. * The humanism: DANONE wants to accentuate the fact that the group pays attention to the safety of people and products. Likewise it is environmentally friendly. * The proximity: The group pay attention to their customers.Indeed it’s essential for DANONE to be tuned into the expectations but also the complaints of these customers. In addition as DANONE is a French company there are other values, which come from its home country’s culture: First the idea to have a well-balanced diet by eating products of good qualities and with good taste is an important cultural subject for a large number of Frenchs. There is a growing awareness that a bad diet has direct consequences on people’s health, but also major economic consequences in terms of public health costs. Second French have a big craze for the environmentally policy.Indeed since a few years the sustainable development and the ecology are very present notions in the life of everyone. So DANONE tries to convey these same notions through their products as well as within their advertisements all over the world. All these notions are at the core of DANONE’s mission. * CULTURE IMPACT ON EACH OTHER The four core values and the French influence described here above are a frame in which the team of each division and each country where DANONE is present, have to adapt taking into consideration to their own cultural specificity as mentioned before.In fact it is perfectly in line with the openness value so the model is not rigid. When DANONE wants to open a new market in a country which culture is quite different from its own, they usually do so by incorporating joint venture with strong national partners like they did in Russia (10% of their sales in 2010) or China. The only core value, which they consider as non-negotiable, is humanism. So DANONE is typically a  «Ã‚  think globally, act locally  Ã‚ » company. 4 – DANONE’S MOTIVATIONAL SYSTEM * COMPANY’S MOTIVATIONAL ELEMENTSWe know that a growing gap between the aspiration of the employees and the practices of companies is source of additional costs and loss of performance. That is why, to DANONE, the motivation of the employees is an imperative condition of the company’s growth. The group DANONE often insists on the need of permanent growth to preserve its leader's place on the market. This growth requires consistently an outstanding performance, which supposes that the company can lean on committed employees. Consequently, DANONE insure on a regular basis that the 3 main conditions for optimum employee’s commitment are fulfilled: The company is in sync with its culture and its values – He is proud to belong to a leading group; – He is certain that his employer assumes the development of his skills. To strengthen the motivation of the employees and their commitment, the group DANONE tries to establish, on a regular basis, a correlation between the practices of management and the growth of the units. To do it, regular questionnaires are submitted to the managers and DANONE, from time to time, widen these survey to its thousands employees. More concretely the group DANONE insists more particularly on the autonomy and the sharing between employees: We rely on the autonomy of management of our subsidiaries and what we call the networking attitude. It means that, when an employee meets a problem, he has to have the reflex not to turn around towards his boss, but rather to exchange with his counterpart, wherever he turns out to be in the world, to find the solution. We forged a series of tools to share the knowledge and exchange good practises for the specialists of every domain (finances, human re sources, industry, marketers). † (Franck Mougin’s interview, 2006, available at www. lexpress. fr) ORGANIZATIONAL STRUCTURE’S EFFICIENCY Since 2002 DANONE’s HR, supported by Frank Riboud, has developed several tools to increase efficiency of the organization, based on the fact that they are too  «Ã‚  small  Ã‚ » compared with their competitors Nestle or PepsiCo to  «Ã‚  reinvent the wheel  Ã‚ ». So they have started knowledge â€Å"marketplaces† and â€Å"sharing networks†Ã¢â‚¬â€to help employees connect with each other and share good practices horizontally rather than relying on hierarchical lines of communication. In 10 years DANONE employees shared almost 1000 good practices with colleagues.The Networking Attitude had made practical information accessible to about 70% of the more than 9,000 DANONE managers around the world. Best of all these programs, which are conducted within the timeframe of more formal meetings, incurred very little cost and were considered highly successful by 90 % of general managers, according to an internal survey. The HR top management worked also on â€Å"co-building events† where employees from different units within DANONE networked with the goal of creating new practices or products rather than sharing existing ones. http://www. duperrin. com/2008/04/21/comment-danone-fait-de-sa-culture-un-levier-de-performance/) These programs didn’t fit in so easily. They required lots of energy and preparation from HR and took time to be accepted in some part of the world where discussing serious business issue with lower rank colleagues or wearing costumes- as it was recommended during marketplace events- was contrary to local culture. Despite these first reluctances it does work and the most obvious result is that DANONE start launching new products 3 times faster than its competitors. Franck MOUGIN ; Benedikt BENENAT/avril 2005/ Danone se raconte des histoires, une version la tine du knowledge management/http://www. ecole. org) ————————————————- CONCLUSION AND RECOMMENDATIONS Frank Riboud, CEO Danone said: â€Å"At Danone we don’t talk about strategy, we react to the context around us. For me, it’s like a Lego box that you buy for your children. They start to play, trying to find a way to build the image on the Lego box. At the end of the day, they give up, throw out the box, and put the pieces away. The next weekend you put all the Lego pieces on the floor and then the strategy starts.They try to imagine something. Not what was on the box, but what they have in their heads. That is strategy at Danone for me: It’s Lego. † (Harvard business school, 2008) Since he took over in 1996, he did three very smart things. First, he directed to company’s focus towards health and nutrition. Second, he turned a Western Eur opean company into an international organization with operations worldwide. And third, he changed how the organization was managed. He created the expression â€Å"jeu de jambe†, or footwork, which perfectly describes Danone’s approach to dealing with many issues in a flexible way.With its focus on nutrition and promoting health through four product divisions, Danone appeared to have a clear strategy for the new century. As CEO, Riboud’s larger vision extended beyond ordinary customer segments to include promoting health to people throughout the world. In 2011 he acknowledges his father’s, Antoine, vision when he said in 1972 in front of a number of CEO of the biggest French companies: â€Å"Conduisons nos entreprises autant avec le coeur qu’avec la tete et n’oublions pas que si les ressources d’energie de la Terre ont des limites, celles de l’homme sont infinies s’il se sent motive. Let’s manage our companies as much with our heart as with our brain and let’s not forget that if earth resources are limited, the man’s one are infinite if he feels motivated. We believe that Antoine and Frank Riboud leadership and vision and their unique management way have leaded the Group to its success. ————————————————- BIBLIOGRAPHY Books: – David Buchanan and Andrzej Huczynski (2004) Organizational Behaviour. (5th Ed. ) FT Prentice Hall. – D. Buchanan – A. Huczynski (2010) Organizational Behaviour. 7th Ed. ) FT Prentice Hall. – Bauer and Erdogan (2009) Organizational Behaviour. FT Paperback. | Internet sources (International and French sources): – Tatum, M. (2010). What is SWOT Analysis? Available at: http://www. wisegeek. com/what-is-swot-analysis. htm (Accessed: 10 November 2011) – DANONE (2011). Our company. Available at: http://www. dan one. com/en/company/introduction. html (Accessed: 10 November 2011) – Groupe DANONE (2011). Historical background. Available at: http://en. wikipedia. org/wiki/Groupe_Danone (Accessed: 10 November 2011) L’Ecole de Paris du management (2005) – Danone se raconte des histoires, une version latine du Knowledge management Franck Mougin interview. Available at: http://ecole. org/seminaires/FS1/SEM190/VA010405. pdf/view (Accessed: 12 November 2011) – LEXPRESS. fr (2006). Donner du sens au travail. Available at: http://www. lexpress. fr/emploi-carriere/laquo-donner-du-sens-au-travail-raquo_479442. html (Accessed: 15 November 2011) – LEFIGARO. fr – Economie (2011). Danone s’essaie au bar a yaourt. Available at: http://www. lefigaro. r/societes/2011/07/14/04015-20110714ARTFIG00454-danone-s-essaie-a-la-restauration-rapide. php (Accessed: 13 November 2011) – Le Journal du Net (2010). DANONE. Available at: http://www. journaldunet. com/dano ne/ (Accessed: 13 November 2011) – Web & Luxe – digital luxury magazine (2010). Myevian. com: la personalisation est aussi chez Evian. Available at: http://www. webandluxe. com/08/2010/myevian-com-la-personnalisation-est-aussi-chez-evian/ (Accessed: 13 November 2011) – Bloc-Notes de Bertrand Duperrin (2008). Comment DANONE fait de sa culture un levier de performance.Available at: http://www. duperrin. com/2008/04/21/comment-danone-fait-de-sa-culture-un-levier-de-performance/ (Accessed: 14 November 2011) ————————————————- APPENDICES Picture 1: The first yogurt Danone with a porcelain package sold in chemists in 1928 (Available at: http://tourisme. bienpublic. com/90-ans-de-Danone-les-8-yaourts-qui. html) Picture 2: The first Danone bar opened in august 2011 in a shopping mall near Paris. (Available at: http://www. lefigaro. fr/societes/2011/07/14/04015- 20110714ARTFIG00454-danone-s