Garner v. Tennessee Case

A case in which the court ruled that a Tennessee â€Å"fleeing felon† law was unconstitutional because it legalize the use of deadly force by police when a suspect poses no immediate threat to the police or others. The court ruled that the use of deadly force was a Fourth Amendment seizure issue subject to a finding of â€Å" reasonableness. †Father, whose unarmed son was shot by police officer as son was fleeing from the burglary of an unoccupied house, brought wrongful death action under the federal civil right statute against the police officer who fired the shot, the police department and others. The United States District Court for the Western District of Tennessee, Harry W. Wellford, J. , after remand, rendered judgement for defendant, and father appealed. The Court of Appeal for the Sixth Circuit, and remanded. Certiorari was granted.The Supreme Court held that: apprehension by use of deadly force is a seizure subject to the Fourth Amendment’s reasonablene ss requirement; deadly force may not be used unless it is necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others; Tennessee statute under authority of which police officer fired fatal shot was unconstitutional because it authorized use of deadly force against apparently unarmed, non dangerous fleeing suspect; the fact that unarmed suspect had broken into a dwelling at night did not automatically mean that he was dangerous. At about 10:45 p. m.  on October 3, 1974, Memphis Police Officers Elton Hymon and Leslie Wright were dispatched to answer a prowler inside call.The fleeing suspect, who was appellee-respondent’s decedent, Edward Garner, stopped at a 6-feet-high chain link fence at the edge of he yard. With the aid of a flashlight, Hymon was able to see Garner’s face and hands. He saw no sign of weapon, and, though not certain, was reasonab ly sure and figured that Garner was unarmed, He thought Garner was 17 or 18 years of age and about 5’5’’ or 5’7’’ tall. While Garner was crouched at the fence, Hymon called out Police! and took a few steps toward him. Garner then began to climb over the fence. Convinced that if Garner made it over the fence he would ran away, Hymon shot him.The bullet hit Garner in the back of the head. Garner was taken to a hospital, where he was pronounce dead on the operating table. Ten dollars and a purse taken from the house were found on his body. In using deadly force to prevent the escape , Hymon was acting under the authority of a Tennessee statute and pursuant to Police Department policy. The statute provides that â€Å" if, after notice of the intention to arrest the defendant, he either flee, or forcibly resist, the officer may use all necessary means to affect the arrest. † The District Court concluded that Hymon’s action were auth orized by the Tennessee statute, which in turn was constitutional.Hymon had employed the only reasonable and practicable means of preventing Garner’s escape. Garner had recklessly and unmindfully attempted to jump over the fence to escape, thereby assuming the responsibility to be risk of being fired upon. The Court of Appeals for Six Circuit affirmed with regard to Hymon, finding that he had acted in good-faith according to the Tennessee statute and was therefore within the scope of his qualified immunity. It remanded for reconsideration of the possible liability of the city, however. Justice White then delivered the opinion of the by saying â€Å" This case requires us to determine the constitutionality of the use of deadly force to prevent the escape of an apparently unarmed suspected felon.We conclude that such force may not be used unless it is deemed necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threa t of death or serious physical injury to the officer or others. The Court of Appeals reasoned that the killing of a fleeing suspect is a seizure under the Fourth Amendment, and is therefore constitutional only if reasonable. The Tennessee statute failed as applied to this case because it did not adequately limit the use of deadly force by distinguishing between felonies of different magnitudes. The facts as found, did not justify the use of deadly force under the Fourth Amendment.Officer cannot resort to deadly force unless they have probable cause to believe that the suspect has committed a felony and poses a threat to the safety of the officers or a danger to the community if left on the loose. The State of Tennessee, which had intervened to defend the statute, appealed to this court. The city filed for petition for certiorari. Whenever an officer restrain the freedom of a person to walk away, he has seized that person. While it is not always clear just when minimal police interfe rence become a seizure, there can be no question that apprehension by the use of deadly force is a seizure subject to the reasonableness requirement of the Fourth Amendment.A police officer may arrest a person if he has probable cause to believe that person committed a crime. Petitioner and appellant argued that if this requirement is satisfied, the Fourth Amendment has nothing to say about how that seizure is made. This submission ignores the many cases in which this Court, by balancing the extent of the intrusion against the need for it, has examined the reasonableness of the manner in which a search or seizure is conducted. To determine the constitutionality of a seizure â€Å"we must balance the nature and quality of the intrusion on the individual’s Fourth Amendment interest against the importance of the government interest alleged to justify the intrusion.†Because one of the factors is the extent of the intrusion, it is plain that reasonableness depends on not on ly when a seizure is made, but also how it is carried out. Notwithstanding probable cause to seize a suspect, an officer may not always do so by killing him. The intrusiveness of a seizure by means of deadly force is unmatched. The suspect‘ s fundamental interest in his own life need not be elaborated upon. The use of deadly force also frustrate the interest of the individual, and of society, in judicial determination of guilt and punishment. Against these interests are ranged governmental interest in effective law enforcement. It is argued that overall violence will be reduced by encouraging the peaceful submission of suspects who know that they may be shot if they flee.Effectiveness in making arrest requires the resort to deadly force, or at least the meaningful threat thereof. Being able to arrest such individuals is a condition precedent to the state’s entire system of law enforcement. † Without in any way disparaging the importance of these goals, we are not such convinced that the use of deadly force is sufficiently productive means of accomplishing them of justify the killing of nonviolent suspects. The use of deadly force is a self-defeating way of apprehending threat of deadly force might be thought to lead to the arrest of more live suspects by discouraging escape attempts, the presently available evidence doe not support this thesis.The use of deadly force to prevent the escape of all felony suspect, whatever the circumstances, is unconstitutionally unreasonable. It is no better that all felony suspects die than that they escape. Where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting from failing to apprehend him does not justify the use of deadly force to do so. It is no doubt when a suspect who is in sight escapes, but the fact that the police arrive a little late or are a little slower afoot doe not always justify killing the suspect. A police officer may not seize an unarmed, non dangerous suspect by shooting him dead. The Tennessee statute in unconstitutional because as it authorizes the use of deadly force against such fleeing suspects.It is not, however, unconstitutionally unreasonable to prevent escape by using deadly force. Thus, if the suspect threatens the officer with a weapon of there is probable cause to believe that he has committed a crime involving the infliction or threatened infliction of serious physical harm, deadly force may be used if necessary to prevent escape, and if where feasible, some warning has been given. As applied in such circumstances, the Tennessee statute would pass constitutional muster. We do not deny the practical difficulties of attempting to assess the suspect’s dangerousness. However, similarly difficult judgement must be made by the police in equally uncertain circumstances.Nor is there any indication that the States that allow the use of deadly force only against dangerous suspects, the standard has been diffi cult to apply os has led to a rash of litigation involving inappropriate second-guessing of police officers‘ split-second decisions. Moreover, the highly technical felony or misdemeanor distinction is equally, if not more, difficult to apply in the field. And officer is no position to know, for example, the precise value of property stolen, or whether the crime was a first or second offense. Finally, as noted above, this claim must be viewed with suspicion in light of the similar self-imposed limitations of so many police department.The District Court concluded that Hymon was justified in shooting Garner because state law allows, and the Federal Constitution does not forbid the use of deadly force to prevent the escape of a fleeing felony suspect if no alternative means of apprehension is available. This conclusion made a determination of Garner’s apparent dangerousness unnecessary. The court did find, however, that Garner appeared to be unarmed, though Hymon could not be certain that was the case. Restated in Fourth Amendment terms, this means Hymon had no articulable basis to think Garner was armed. In reversing, the Court of Appeals accepted the District Court’s factual conclusions and held that the facts, as found, did not justify the use of deadly force. Officer Hymon could not reasonably believed that Garner posed any threat.Indeed, Hymon never attempted to justify his action on any basis other than the need to prevent an escape. Hymon did not have probable cause to believe that Garner, whom he correctly believed to be unarmed posed any physical danger to himself or others. The judgement of the Court of Appeals is affirmed, and the case is remanded for further proceeding consistent with this opinion. As stated in the concept paper, in the killing of Miriam Carey by Washington DC Police. The Tennessee v. Garner case can be used as precedent in justifying the use of deadly force while she was fleeing. Where he reckless driving in attemp t to flee the scene can be consider as immediate threat to the police officers and the others.

Coca Cola Pr Crisis in Belgium

COCA-COLA CRISIS IN BELGIUM, 1999. Introduction The assignment given was to choose a case with an organization or person that suffered a PR crisis, and didn’t manage it correctly from a PR perspective, such as miss-communications with stakeholders, media etc. I chose to write about the crisis that happened in Belgium in 1999. I will analyze the steps the company took towards to solve the issue, explain what they did wrong, and give my own opinion on how they could’ve handled it better. I will end my case with a final conclusion, and what the situation is today. But firstly I will start by talking a little bit about the Coca-Cola Company.Company Profile The Coca-Cola Company is the global leader in the soft-drink industry, with world headquarters located in Atlanta, Georgia. Coca-Cola and its subsidiaries employ nearly 30,000 people worldwide. Syrups, concentrates and beverage bases for Coca-Cola, the company's flagship brand, and more than 160 other soft-drink brands ar e manufactured and sold by Coca- Cola and its subsidiaries in nearly 200 countries around the world. Approximately 70 percent of volume sales and 80 percent of profit come from outside the United States. The European market provides 26% of the company’s US$18B in revenues.Coca-Cola owns a 49% share of the European soft drink market, compared to Pepsi-Co’s 5%. Coca-Cola’s Corporate Mission Statement We exist to create value for our share owners on a long-term basis by building a business that enhances The Coca-Cola Company’s trademarks. This also is our ultimate commitment. As the world’s largest beverage company, we refresh that world. We do this by developing superior soft drinks, both carbonated and non-carbonated, and profitable nonalcoholic beverage systems that create value for our Company, our bottling partners, our customers, our share owners and the communities in which we do business.In creating value, we succeed or fail based on our abili ty to perform as worthy stewards of several key assets: 1. Coca-Cola, the world’s most recognized trademark, and other highly valuable trademarks. 2. The world’s most effective and pervasive distribution system. 3. Satisfied customers, to whom we earn a good profit selling our products. 4. Our people, who are ultimately responsible for building this enterprise. 5. Our abundant resources, which must be intelligently allocated. 6. Our strong global leadership in the beverage industry in particular and in the business world in general.Additionally, Coca-Cola has a stated commitment to social responsibility through philanthropy and good citizenship. The company's reputation for good corporate citizenship results from charitable donations, employee volunteerism, technical assistance and other demonstrations of support in thousands of communities worldwide. Coca-Cola Management From 1984 to 1997, Robert Goizueta ran Coca-Cola like; â€Å"a ship in calm waters† as we m ay say, it was going smoothly. In his 13 years at the helm of Coke as CEO, Goizueta transformed Coke from an Atlanta cola company to an international brand phenomenon.Analysts and employees alike viewed Goizueta like a â€Å"God. † In 1997, Doug Ivester succeeded Roberto Goizueta as CEO of Coke following Goizueta’s death from lung cancer. Ivester, an employee of the company since 1979, had previously been Goizueta’s right hand financial engineer and later his chief operating officer. On the face of it, the transition would appear seamless. Doug Ivester has often been described as a very â€Å"rational† man with a â€Å"bulldog† leadership style. James Chestnut, Coca-Cola’s chief financial officer, says Ivester is a â€Å"terribly rational† manager.He states, â€Å"Doug believes everything should go through a logical sequence. He’s fixed on where he wants the company to be. † Ivester’s recent focus had been on two potential acquisitions to increase Coca-Cola’s presence in Europe: Orangina in France and Cadbury Schweppes. The tactics Ivestor pursued to acquire Orangina and Schweppes, however, has been met with much criticism, especially by Europeans. A July article appearing in Fortune magazine summarized the conventional wisdom this way: â€Å"the way Coke went about the acquisitions – arrogantly, urgently, intensely – absolutely reflects Ivester’s personality.And it’s not working. † Other analysts who have followed Coca- Cola for years believe that if Goizueta were still running the company, controversy surrounding the recall in Europe would not be festering as it was under Ivester. The Source of the Problem The outbreaks appeared to be caused by two sources, contaminated carbon dioxide and fungicide sprayed on wooden pallets used to transport the product. The contaminated carbon dioxide found its way into the product at a bottler in Belgium.The comp any was unable to determine whether the carbon dioxide was already contaminated when the bottler received it or whether contamination occurred later, at the bottling facility. In an interview with the Wall Street Journal, Anton Amon, Coca-Cola’s chief scientist, said that, â€Å"contrary to Coke procedure, the plant wasn’t receiving certificates of analysis from the supplier of the gas, Aga Gas AB of Sweden. This certificate vouches for the purity of the CO2. † A CCE spokesman confirmed this statement and acknowledged that the company did not test the CO2 batch at the Antwerp plant.In either case, key quality control procedures were not followed. At the Coca-Cola bottling facility in Dunkirk, France, the plant received wooden pallets that had been sprayed with a fungicide that left a medicinal odor on a number of cans. Jennifer McCollum, a spokeswoman for Coca-Cola, described the substance as p-chloro-m-cresol or PCMC, â€Å"a chemical commonly found in wood pr eservatives and cleaning fluids. † The Environmental Chemicals Data and Information Network (ECDIN) states that PCMC can be absorbed through the skin and cause redness, burning sensation, pain and skin burns.If inhaled, the chemical can cause symptoms such as cough, sore throat, shortness of breath, headache, dizziness, nausea, vomiting, unconsciousness, and may cause effects on the central nervous system, liver and kidneys. These more severe conditions are said to require large doses or chronic exposure to the chemical. Coca-Cola said that the substance was sprayed on approximately 800 pallets used to transport cans produced in Dunkirk to Belgium. The supplier of the pallets was said to be Dutch. The company, however, declined to name the company, stating only that it was not one of their regular suppliers.The foul odor is believed to have caused numerous symptoms, including upset stomachs, headaches and nausea after drinking the product. Dr. Hugo Botinck, medical director at St. Joseph’s Clinic in Belgium and one of the first physicians to see these patients, stated in an interview that affected persons were treated for, â€Å"headaches, dizziness, nausea and muscular vibration. † He added that, â€Å"some of them were vomiting, but there was no fever. † Bottling and International Distribution One of Coke’s greatest strengths lies in its ability to conduct business on a global scale while maintaining a â€Å"multilocal† approach.At the heart of this approach is the bottler system. Bottling companies are, with only a few exceptions, locally owned and operated by independent business people, native to the nations in which they are located, who are contractually authorized to sell products of The Coca-Cola Company. These facilities package and sell the company’s soft drinks within certain territorial boundaries and under conditions that ensure the highest standards of product quality and uniformity. Coca-Cola Ente rprises (CCE) manages most of the European bottlers. The Coca-Cola Company controls a 40% interest in CCE. Coca-Cola Belgium.Belgium was introduced to Coca-Cola in 1927. Today Belgium is among the world’s top 20 countries in terms of per capita consumption of Coca-Cola products. The Coca-Cola Company currently employs close to 2,000 people and serves up to 30,000 restaurants, supermarkets and other customers in that country. Coca-Cola France. Coca-Cola was introduced in France in 1933. Coke has been the number- one soft drink in France since 1966 with total sales doubling over the past eight years. Coca- Cola France employs more than 1,000 French citizens and has invested more than 3 billion francs in local economy since 1989.Today, French consumers drink an average of 88 servings of Coca- Cola products each year. External Factors Involved In May and June of 1999, it is fair to say that Coca-Cola executives vastly underestimated the sensitivity of European consumers to food c ontamination issues in light of the existing social and political environment. Contributing to the anxiety was the â€Å"mad-cow† crisis that had taken place three years earlier. Additionally, the Coke incident coincided with a recent governmental ban on the slaughter of pork and poultry in Belgium.Earlier in June, cancer-causing dioxin was found in a large shipment of meat, which was believed to have originated through contaminated animal feed. In the end, this scandal forced the resignation of Belgian Prime Minister Jean-Luc Dahaene as well as the country’s health minister. With the Belgian government facing elections on June 13, all political platforms were under scrutiny. In the wake of the Coke crisis, European government agencies were scrambling to protect their reputations as watchdogs, taking a high-profile role in contamination issues.Consumers had previously considered Coke invulnerable to contamination concerns due to the artificial, manufactured nature of t he product. In addition to its proximity to other food scares in Europe, the crisis also occurred at a time when Coke was looked upon unfavorably by the European Commission. Earlier in 1999, Coke had made plans to acquire Cadbury Schweppes brands around the world. The European Commission was opposed to this acquisition, viewing Coca-Cola as excessively dominant. The company was forced to scale back its acquisition plans. Coca-Cola’s ResponseBy the time the recall was completed, 249 cases of Coke-related sicknesses were reported throughout Europe, concentrated primarily in Belgium. A total of 15 million cases of product were recalled costing the bottler, Coca-Cola Enterprises (CCE), an estimated $103 million dollars. When the outbreak began, Coca-Cola executives waited several days to take action. Viewing the issue as low-priority, an apology to consumers was not issued until more than a week after the first public reports of illness. Top company officials did not arrive in Be lgium until June 18, ten days after the first incident was reported.The company’s casual and muted approach to the crisis was first made evident in its neglect to mention the May 12 incident – in which affected consumers suffered similar symptoms – once the other cases were reported, beginning in June. Ivester remained largely silent, at least publicly, throughout the crisis. He admitted that he happened to be in Coke’s Paris office on June 11, shortly after the first wave of illness reports surfaced, and was briefed in person on the Belgian situation. Ivester and Belgian Coke executives attributed the problem to a bad batch of carbon dioxide and â€Å"hardly a health hazard. The next day Ivester boarded a plane back to Atlanta, as planned. On June 14, the Belgium government ordered all Coca-Cola products off the market and halted production at bottling plants in Antwerp and Ghent. The government took the lead to protect consumers from the health scare, rather than Coca-Cola management. Coca-Cola issued a statement on June 15 from Atlanta (see Exhibit 1) refuting the contamination claims. On June 16, Ivester released a statement under his name (see Exhibit 2) expressing regret for the problems, but he mostly left the public side of the damage-control campaign to company spokesmen and CCE.On June 18, Ivester realized the magnitude and impact of the crisis and arrived in Belgium for the first time to manage the crisis. Ivester’s mission to Europe was his most visible step during the crisis and came only after the number of reported cases had ballooned to more than 200. Coca-Cola officials avoided the media, however, stating afterward that this decision was in response to a request from the Belgian Minister of Health, Luc van den Brossche, asking that the crisis be handled out of the public eye. ConclusionIn conclusion Coca Cola didn’t handle the situation properly by not communicating in a timely manner with the stakeho lders. The crisis represented vast damages to Coca Cola’s reputation and total cost of 66 million pounds. The main reason for the mistakes it was the lack of authority of local executives (Ivester). Coca Cola identified the reason for the fails in communications and consequently empowered the local teams to deal with this sort of situation. The lessons from this case study show how important it is to communicate with stakeholders.

Napoleon Bonaparte s Influence On France And Many Nations

Thesis: Although Napoleon Bonaparte had a lot of success throughout his career, he had many disasters happen to him as well that negatively affected France and many other European nations. Due: January 11, 2016 Option #1 Although Napoleon Bonaparte had a lot of success throughout his career, he had many disasters happen to him as well that negatively affected France and many other European nations. At first, he was viewed as a hero in France’s eyes after helping them win the Battle of Fulton against Great Britain. Soon after, he made mistake after mistake which caused him to not be viewed as a hero anymore. He eventually caused so much trouble that he was sent into exile. Napoleon Bonaparte was born into a middle-class family in†¦show more content†¦The new government he established was called The Consulate. A publicist is then held which Napoleon is named the leader for life. His title then becomes Consul. Napoleon then wrote the Napoleonic Code which fixed a lot of issues lower class French people were looking for a resolution for. Now, there was no privileges of birth, freedom of religion, Public education for men, and all men were equal. Shortly after Napoleon is named Consul, he sold the Louisiana Territory in the North America to the United States in order to raise money for his army. This helps France a lot and put the United States on good terms with France. Despite this major gain in funds, France loses the pivotal Battle of Trafalgar against Great Britain. France lost mainly because Great Britain had one of the strongest navies in the world. This would also really help Great Britain in a blockade that France set up later on. In 1806, Napoleon entered the German city of Berlin and conquered it. At this point, France had conquered a good portion of Western Europe and Napoleon was at the peak of his career. Now only Great Britain stood in France’s way of making a great empire. Instead of attacking Great Britain directly, France set up a naval blockade around it to starve them into surrendering and also set up an embargo on British products that all of France’s allies had to comply with. This was called the

Dissertation Proposal Fundamentals Explained

Dissertation Proposal Fundamentals Explained Get the Scoop on Dissertation Proposal Before You're Too Late Therefore, the undertaking of the way to write dissertation proposal is the endeavor of letting your supervisors know that you're eminent and that you've got something that's worthy of being considered new and challenging the status quo. The dissertation proposal procedure is long and iterative for many people it's at. If you order dissertation proposal now, it'll be finished by the close of the day. A finance dissertation proposal needs to be written with a very clear comprehension of the subject as you want to present it clearly and comprehensibly, something which even your colleagues can understand. Once you are prepared to compose your proposal you must keep in mind some of the subsequent steps. When you have gathered needed information concerning the matter but find that putting it in the proper words is the issue, it is advisable for you to seek the services of a professional writing service that will help you move forward. At precisely the same time, sentence structure needs to be simple, and elaborate wording needs to be avoided. For the very best possibility of approval, you may want to contemplate utilizing a professional proofreading service to find rid of language errors, check your proposal's structure, and enhance your academic style. Before starting the writing process, it's critical to select the topic. In your dissertation proposal, you should explain what your topic is and the way you intend to research it. A superb dissertation topic should present your ambition and passion for your favorite area. By the PhD level, you're predicted to be a specialist in your subject. Generally, copies of PhD dissertations are catalogued, so it's a superb place to begin your search. Working closely with the dissertation advisor can help avert that issue. There's no commitment on the section of the student's advisor to automatically function as the dissertation chair. The doctorate program was made to develop the students in order to have a fundamental grasp of particular basics in the fields of mathematics as well a deep comprehension of a big area of interest. The student should meet the committee so as to defend the dissertation proposal. Yes, writing a dissertation may be daunting undertaking and there are many explanations as to why students have problems writing them. How to Choose Dissertation Proposal The dearth of information or surveys on the topic in question may also result in erroneous findings. If you are able to produce an Impressive Dissertation Proposal, the probability of you obtaining a doctorate degree increase remarkably. The very first status comparison is going to be made between tenured and non-tenured faculty. You should find a web-based learning programme that is going to teach you ways to get decent exam benefits. The preparation of a perfect dissertation outline proposal is essential for the completion of the on-line dissertation proposal. There are many parts that are employed in dissertation proposals but the structure can differ and that's the reason you should not use the very first structure from examples you see on the world wide web but select the structure that's the most appropriate for your paper. Much like a strongly developed building calls for a strong base, a fantastic dissertation desires a fantastic proposal. Even though the structure and fashion of a proposal vary with the kind of research involved, there are some generalised guidelines that should be followed to make sure high grade. The committee needs to be formed a minumum of one month before the Qualifying Proposal. The dissertation proposal is the initial step towards acquiring a Ph.D. or Equivalent Research Doctorate. You also need to keep the photocopy of the appropriate information you happe n across while doing research for future reference together with the bibliography. Sections to have in your Literature dissertation Proposal Introduction that ought to clearly state the issue, issue or event linked to field of any Literature and provide the reasons of its significance.

The Whole Foods ( Wf ) Annual Report - 1057 Words

The Whole Foods (WF) annual report for 2010 states â€Å"Our growth strategy is to expand primarily through new store openings. We have a disciplined, opportunistic real estate strategy, opening stores in existing trade areas as well as new areas, including international locations. Our new stores typically are located on premium real estate sites and range in size between 35,000 and 50,000 square feet which we believe is appropriate in most circumstances to maximize return on invested capital and Economic Value Added (â€Å"EVA ®Ã¢â‚¬ ). Our growth strategy includes opening new stores in existing and new areas and operating those stores successfully.† (Flanagan, G. 2010). This means they are growing and spreading their wings out into a large variety of regions. The report also stated in order to meet those goals â€Å"many of our competitors went back and forth on their pricing strategies, we stayed true to our goal of offering a clear value choice in every department thr ough compelling prices on known value items, as well as targeted pricing and promotional strategies† (Flanagan, G. 2010). I would not invest in Whole Foods stock. WF ranks 284, on the Fortune 500 list of 2010 and Store Growth was up and compounded annual growth was high. However, they’re stock has been consistently declining in the last several years. Their once high-flying Whole Foods stock is down a remarkable 30% for the year-to-date and has been trading sideways since May. 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Lucent technology supply chain summary free essay sample

Lucent Technologies is a multinational telecommunication company which was spun off from ATT in 1996. Before restructure, as an integrated telecommunications services and equipment company, ATT had been primarily U. S. -centric market and more than half of income was generated by services in U. S. However, the restructure made Lucent focused on communications equipment globally. When Lucent expand into global market, its flagship product, the5ESS ® digital switch, was a market leader in worldwide telecommunication infrastructure equipment. While the 5ESS ® digital switch provided the company’s more competitive edge in global market. This custom configured, engineered-to-order product made only a portion of its assemblies could be built to stock. Moreover, 5ESS ® digital switch orders from Asian market had continued to grow rapidly, and Asia became an important part of Lucent’s business. U. S. -centric Supply Model Before Lucent’s independence from ATT, it established some joint ventures in four Asian countries to meet the increasing telecommunication equipment demand in Asian market. But this marketing entry mode just provided access to these markets. Most manufacturing continued to be done in Oklahoma City. The Asian joint ventures only performed final assembly and testing. It was believed that Lucent would benefit from the cost saving from economies of scale in manufacturing in US. However, as tremendous demand growth and intense competition arose from these countries, the delivery costs and lead time became two critical issues in this industry. The long distance inhibited the instant response. Delay means market losing. What’s more, increasing local content by having locally purchased parts would lower the costs and made product more locally attractive. Asian-centric Supply Model After 1996, asset management, product lead time and supply chain efficiency became more and more important for this new independent manufacturing firm. The primary market shifted from U. S to Asian market required a redesign of the Asian supply chain. First of all, it took a â€Å"hub-and spoke† model. Taiwan was the hub of the Asian supply chain. Custom engineering and manufacturing of Asian orders would be manufactured in Taiwan rather than Oklahoma City, and Asian orders were placed with Taiwan rather than U. S. Low volume assemblies remained in U. S. Secondly, different supply modes (inshore or outsource) were decided by different product volumes. And then it used local components (direct procurement) and local suppliers (local procurement). Last but not least, it insisted a strict quality control. Products manufactured by Asian joint ventures had the same quality standards. There were also some barriers for the redesign of supply chain. For example, the new manufacturing center in Asian mean losing job in U. S. The transfer of production to joint venture may reduce Lucent’s profits. And also the sales organization worried about the sales decreased because of losing â€Å"Made in USA† label. All of these barriers were addressed when the benefits of redesigning outweighed the costs. The redesign decreased the lead time, and customer satisfactions had improved a lot. Meanwhile, Taiwan joint venture reengineered its factory to improve the productivity. The increasing productivity and decreasing costs means the firm became more profitable. Also, support of Asian joint ventures helped Lucent win more business in Asia, and the huge capacity of Asian joint ventures can support Lucent’ global customer demand. So the all improvement by redesigning the supply chain made Lucent more competitive in global market. Summary and Recommendations Despite its success in the later 1990s, new challenges have arisen. How to response the changing demand in this complex business environment and how to expand its capacity in other emerging markets? The internet and IT tools caused fundamental changes in business models and traditional customer-supplier relationships. Contract manufacturing company in Asian provides new opportunity for the firm to outsourcing its manufacturing and logistics responsibility. In my view, outsourcing its assembly and component is a better way for Lucent to cope with new challenge. Because 5ESS ® digital switch was reaching its mature period in the product life cycle, and the intensive competition and changing environment forced telecommunication industry to devoted more time to new product research and marketing strategy. In its initial stage, the core product is the key to success and the supply chain redesign facilitate its further success. But nowadays, the product life cycle is shortening and the industry is changing at ever-increasing rate. Lucent has to improve researching, marketing strategy and supply chain management at the same rate to cope with the changing market. In addition, Lucent can use merging and acquisition strategy to integrate available resources to expand its business. Questions for group As Lucent shift its main supply chain from U. S to Asian market, how to compete with domestic rivalry Cisco? As more and more local telecommunication company grew up, how to cope with fierce industry competition with local firms, and some multinational telecommunication firms now target at Asian market, how to compete with them in global market? Should Lucent insist its in-source strategy or use outsourcing for the future supply chain management? Because its flagship products had reached its mature period, is it necessary for Lucent to build a main RD center in the emerging market like Cisco did?

Piagets Theory of Intellectual Development

Piaget’s theory of intellectual development is widely used in the education field especially when it comes to the formation of basic guidance strategies. According to Piaget’s theory, intellectual development is based on assimilation and accommodation processes that are associated with evolutionary adaptation of species (Oakley, 2004). Piaget’s theory emphasizes the fact that intellectual development is progressive and takes place in stages.Advertising We will write a custom term paper sample on Piaget’s Theory of Intellectual Development specifically for you for only $16.05 $11/page Learn More Age is the main determining factor of the various stages of intellectual development (Oakley, 2004). The mental abilities of children develop as they continue to grow up. According to Piaget’s theory, intellectual development of children is measured by their ability to reconstruct concepts and ideas leant in the previous stage. E ach age period has a certain reality that a child gets used to (Oakley, 2004). The practice of education has been influenced in a great way by Piaget’s theory of intellectual development. Piaget’s theory helps teachers to focus on the thinking process of children rather than the correctness of their answers (Oakley, 2004). Cognitive functioning of children helps teachers in the formation of basic guidance strategies. Piaget’s theory of intellectual development advocates for interactive learning where children are actively involved in the learning process. Teachers are therefore required to come up with a variety of activities that can enable children to interact with their physical environment. Piaget’s theory does not support premature teaching where intellectual development of children is accelerated beyond their age (Oakley, 2004). Teachers are therefore encouraged to formulate learning strategies that promote true cognitive understanding rather superf icial acceptance of concepts that are above the children’s level of intellectual development. An example of this case is where primary school pupils are taught secondary school concepts that are beyond their understanding. Piaget’s theory recognizes the fact that children have different rates of intellectual development and therefore teachers should come up with classroom activities that accommodate differences in development progress (Oakley, 2004). Maslow’s hierarchy of needs and motivation theory can be applied in education and general learning processes (Mangal, 2007). According to Maslow’s theory, learning can not take place without motivation. The ability of students to retain whatever they are taught in class depends on how well they are motivated. Teachers should therefore come up with strategies that motivate students to meet their learning goals. Maslow’s theory has a significant impact on the general structure of education (Mangal, 2007) . School teachers and administrators must be guided by their students’ needs in the design of teaching programs.Advertising Looking for term paper on education? Let's see if we can help you! Get your first paper with 15% OFF Learn More The hierarchical order of needs should always be observed by teachers for effective design of classroom programs (Mangal, 2007). An example of this case is the relationship between food and learning. It is difficult for starving students to be motivated and this consequently affects their concentration in class. Motivating a well fed student is easy and this can be reflected in their concentration and performance. The above example clearly shows that a student with some unmet needs can not concentrate in class. In order to solve this problem, the school administration should come up with feeding programs to help those students who come to school while hungry (Mangal, 2007). This strategy is meant to make students learn effectively without thinking about food. Maslow’s theory of knowledge encourages teachers to come with programs that can help students to deal with the realities of life. There are some basic life skills that students need to be taught in order to cope with the basic realities of life (Mangal, 2007). According to this theory, students should not be trained to only absorb facts but much emphasis should be put in the entire learning process. Individual needs of students and their intellectual development should be accounted for by knowledge because of its dynamic nature (Mangal, 2007). Dewey’s theory on education calls for the integration of practical everyday occupations with intellectual activities (Dewey, 2007). According to Dewey’s theory, children are supposed to participate in activities out of schools for them to develop a culture of self-reliance as they grow up. This theory suggests that children should not in any way be denied an opportunity to participate in the a vailable occupations for them to develop a sense of action and judgment (Dewey, 2007). The social needs of a community are very instrumental in governing the conduct and behavior of pupils. This theory helps teachers to come up with guidance strategies that cater for the social needs of students. According to this theory, teachers should not act like task-masters but should play an instrumental role in ensuring that their students have a desire for knowledge through inspiration (Dewey, 2007). Intellectual development of pupils can only take place through spiritual, mental, physical and social development. According to Dewey’s theory, intellectual development of children depends on their interest and how they balance their school life and life out of school (Dewey, 2007). Extra-curricular activities such as music can be developed if a child is nurtured at school and out of school (Dewey, 2007). This is a perfect example of how experience can be blended with intellectual activi ties to produce a complete graduate. Children must have the support and affection of parents and teachers in order to have an interest in developing their talents.Advertising We will write a custom term paper sample on Piaget’s Theory of Intellectual Development specifically for you for only $16.05 $11/page Learn More The three education theories that have been discussed in this paper are very useful when it comes to education reforms. The theories influence curriculum design and instruction techniques in learning institutions. The discussion has provided a new insight in understanding the meaning and importance of the three education theories. References Dewey, J. (2007). Experience and education. New York, NY: Simon and Schuster. Mangal, S. (2007). Essentials of educational psychology. New York, NY: PHI Learning Pvt. Ltd. Oakley, L. (2004). Cognitive development. New York, NY: Routledge. This term paper on Piaget’s Theory of Intellectual Development was written and submitted by user Lucy Hawkins to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.