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Continental Airlines Case Study
Question One
The manager is expected to carry out the following steps to turn an organization around:
Establish all the facts.
In this Continental Airlines Case Study,the manager must establish the short term viability of the business. He has to carry out rapid internal exercises focused on existing contracts, commitments and also cash flow analysis. The contracts that may not be viable must be terminated. The manager can then assess the one year and two year viability of the business. This may require additional liquidity in form of debt or equity to finance the activities of the company.
Know what went wrong
The major cause of the problem should be known. If the company performed poorly due to sudden market changes or due to minor internal issues that took long to rectify, it should be known. The management must then come up with a remedy.
Budget
The manager must prepare budget which must be stuck to. This will control costs and spending in the organization. The company will be able to maintain its solvency.
Changing the team
The manager should reconstitute the senior management team. Those brought on board must have positive attitude towards changing the performance of the company.
Continental Airlines Case Study
Question Two
The change in the morale of the employees is due to the recognition and appreciation of their performance. The implementation of several award schemes has created internal competition among the staff in delivering services to customers. The adoption of new appraisal practices by the management has also motivated the employees.
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Question Three
In order for Continental Airlines to continue with its good performance the management should do the following:
They should form teams with specific goals to achieve. Each team should have its policies, procedures and standards that are in line with the overall company strategies. The head of each team should monitor and communicate performance to the top management of the company.
Each of the teams must have an annual business plan covering revenue and costs forecasts, product development and set performance targets. All these must fit into company business plan.
Each team must hold a monthly review to assess their performance against the plan. They will be able to determine how the planned targets will be achieved and also identify any difficulties in the process. They will be able to share knowledge and also develop tactics to achieve set targets. They will also be able to reallocate resources to more competitive market ventures and redesign any strategies that are in non conformity with the plan.
The top management should attend these meetings so that they have detailed knowledge of the plans. It will be easy to measure and maintain growth in the long run for the company.
Question Four
The use of different employee techniques like job enrichment will improve the performance of Continental Airlines since the staff morale will be very high. The members of staff will own the management decisions made (Gregory, 2010). They will be enthusiastic to go out of their way and, ensure set targets are met. The recognition creates a sense of commitment among the staff to deliver fully.
They will feel their efforts are being recognized and, appreciated. The targets which are set are attainable and within their reach. This creates internal competition amongst the staff to deliver on these targets. This working environment will ensure the company will continuously improve on their performance.
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God, Glory, Gold
Europeans began their modern exploration of the world in the period around the fourteenth and sixteenth century. Portugal, Spain, Netherlands, and England are the European states that were the foremost in this enterprise. The explorations increased their knowledge of the wider world. They were in most cases linked to missionary work, trade, and conquests as the European states sought to increase their religious, economic and political influence throughout the world. God, glory and gold were the motivation behind Europeans exploration.
In regard to god, Edgar et al argue that Europeans were motivated by the desire to spread Christianity through numerous missionary works especially in most parts of Americas. Edgar et al. argue that during the Middle Ages and the period around 1500 and 1750, Christianity was dominant in Europe but had died in most part of Americas.
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The belief held by majority of the Europeans who were on the mission to spread Christianity was that salvation through Christ Jesus was the only justifiable one and there was need to spread it throughout the world. They were aware of the fact that most parts of Americas had not embraced Christianity and that is why they ventured into those regions. God made Europeans to explore as they traveled the seas to almost every part of the globe in a bid to spread Christianity.
Glory
Most European states wanted recognition and therefore had to search for it. Most of them were ruled by monarchies and there was need for glory for the king. Edgar et al further argue that the power of a given state is directly related to its wealth.
The argument is informed by the Mercantilism and Zero- sum Gain thinking that was prevalent around 1300 to 1750 that, if a state does not get the wealth another state would. Therefore, these states and its citizens sought to seek more wealth hence more power in war which eventually translates to glory and recognition.
Different European states explored various regions of the world, and in reference to this discussion Americas, with an intention to obtain resources from them in addition to conquering some of them and gain glory for their immense strength; more territories a European state occupied compared to other states, the more glory and recognition it gained.
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Gold
Gold was a major motivation to Europeans’ exploration. As has been noted in the glory’s motivation, European states wanted wealth of their own because wealth was linked to power. In order to accumulate more wealth for their states and make their states and people prosperous, Europeans started to look for resources in Americas.
It is worth noting that, resources in Europe were not sufficient for the states and for meeting their citizens’ needs at that time and foreseeable future and it was necessary to venture in other regions. For instance, Spain ventured into South America for gold and silver, England ventured into North America for manual labor and natural resources, and France ventured in some parts of Americas for natural resources, with no particular region exactly.
These explorations were meant to bolster the economic and political strengths of European states. The exploration resulted to settlement of some of Europeans in Americas; for instance, there is majority of people of Spanish origin living in Americas presently. Finally, it is important to point out that god, glory, and gold were linked to each other in regard to Europeans’ exploration.
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1959 Tobacco Campaign
Literature and Critique on the 1959 Tobacco Campaign in the United States
Introduction
Tobacco advertising campaign used the Marlboro man as a figure to represent the Marlboro cigarettes. This icon figure was used in the United States from 1954 to 1999. In 1954 Leo Burnett Worldwide was the first advertising firm to conceive the Marlboro man. The Marlboro man was an image which comprised of rugged cowboys with a cigarette. Such advertisements were initially introduced to make the filtered cigarettes more popular which were originally considered to be feminine in nature (Amos and Haglund, 2000).
This advert was considered to be one of the most successful and brilliant promotional campaigns of all times. The feminine campaign was transformed using the slogan “Mild as May” in a very short time into a masculine advert. The cowboys proved to be more popular when used as Marlboro men despite there being a variety of other men who could be used as Marlboro men. The popularity of the advert led into the origin of ‘Marlboro country’ and ‘Marlboro cowboy’. This essay will offer a critique of the Marlboro advertisement campaign; both the positive and negative effects of the promotion in United States.
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1959 Tobacco Campaign
Origin of the Campaign
The Marlboro brand was first initiated as cigarettes for women in 1924 by Philip Morris & Co. owing to the harmful effects of smoking established by scientific in 1950 the cigarette industry shifted their attention to filtered cigarettes. Nevertheless, Marlboro filtered cigarettes was presumed to be women’s brands and therefore Leo Burnett the advertising executive had to look for a different image have an appeal to a larger market.
Consequentially, the firm noticed that there were some emerging trends among the teenagers who wanted to declare their autonomy from their parents through smoking. As a result of this discovery the firm had had to focus their attention to this group of consumers.
Though scientific questions were posed concerning the contents of the filters the advertising executive reasoned that it was meant to reduce the harmful effects. With this stand he completely refused to respond to health claims of smoking Marlboro brand of cigarettes. Burnett continued to be inspired into creating an icon figure of Marlboro man and as a result the icon came in 1949 to represent masculine icon (Buckley, 1982).
The Texas cowboy- Clarence Hailey Long story came to his attention in an issue of life magazine where the new Marlboro now represented images of other masculine occupations such as gunsmiths, sea captains and athletes tough more attention was placed on the cowboy image as the Marlboro man (Thomas, 1991).
1959 Tobacco Campaign
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Marlboro man icon
Owing to the failure of the paid models of Marlboro men who lacked authenticity, Burnett came across a cowboy actor Darrell Winfield working as a cowboy on a ranch. Darrell Winfield represented Marlboro man for a period of 20 years until 1980 when he retired (Sanz and Johnson, 1990). So much was spent looking for another icon of Marlboro where another figure came up by the name Brad Johnson in 1987 (Marken and Anzeigen, 1975).
Success or Failure of the advert
Quite a substantial amount of sales were recorded due to the immediate effect of the Marlboro man Campaign (Moellinger and Craig, 1972). The sales skyrocketed from $5 billion in 1955 when the Marlboro man campaign was conceived to $ 20 billion by 1957 which was quite significant representing 300% increase in a span of two years only!
The rising health concerns were overcome through the Marlboro Man campaign as the advertising campaign focused more on the success (Barry, 1997). Eventually heavy imitation was observed with use of Marlboro Man where other executives invented new taglines such as “independent thinkers”, “Men of America” in relation to smoking Marlboro brands (Schudson, 1984).
It is however discerning to notice that all the three men who made appearances in the Marlboro promotions succumbed to lung cancer. These were; David McLean, Wayne McLaren, and Dick Hammer. The Marlboro Brands of cigarettes were branded as ‘cowboy Killers’. As a matter of fact McLaren had to testify in support of anti-smoking legislation, nevertheless, Philip Morris refuted the claims that McLaren ever appeared in the Marlboro Man campaign. Before his 52nd birthday in 1992 McLaren succumbed to lung cancer.
1959 Tobacco Campaign
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Various concerns raised in America on Marlboro Man campaign
Various activists came up to oppose the use of Marlboro Man campaign and launched anti-smoking. The World Health organization claims if unchecked there will be a death rise due to cigarette smoking to 10 million people per year from 4 million reported yearly cases. Though the consumers were fully aware of the harmful effects of cigarette smoking they continue to smoke owing to the effects of the Marlboro Man campaign (Rollin, 1997)).
It was and it is still quite alarming that the number of lawsuits and damages claimed are in billions of dollars including numerous files opened of Philip Morris owing to the advertisement especially in Florida and Minnesota’s States (Henry, 2007).
Eventually, the sales in Marlboro brands recorded a huge drop due to imposition of government restrictions on cigarette advertisement. The marketing approach for the brands had to shift their strategies. Hence Philip Morris changed to negotiations strategies with the relevant authorities into reducing the smoking habits (Michael, 2000)
1959 Tobacco Campaign
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Conclusion
Despite the change of tactics for the Marlboro Man campaign, much is needed to be done concerning tobacco adverts by Marlboro brands. The campaigns have changed into making smokers to have a lifelong of smoking. In spite of the growing health concerns in relation to smoking, many people have continued to use the Marlboro brands because they want to be seen like real men. The ladies want to feel a sense of independence; the teenagers want to show a sign of rebellion to their parents by smoking Marlboro brands.
The menace of smoking cannot be put to a stop if the anti-smoking campaign does not begin at the grassroots level through sensitizing of youth and other smoking against smoking. The government has a big role to play as observed through exercising of strict anti-smoking campaigns in the United States and completely banning any form of promotion for Marlboro brands and other brands as they have proved to more influential.
Buckley, K. W. (1982). The selling of a psychologist: John Broadus Watson and the application Of behavioral techniques to advertising, Journal of the History of the Behavioral Sciences, 18(3), 207-221
Cynthia Sanz, Kristina Johnson, (1990), an Ex-Marlboro Man Who Can Really Ride, Brad Johnson Adds Sigh Appeal to Always, People’s Magazine, vol. 33 no 7
Heiße Marken, Coole Anzeigen, (1975), Come to Marlboro Country”1975 US ad campaign, Brand Hot
Kevin Thomas, (1991), MOVIE REVIEW: ‘Harley Davidson, Marlboro’ . . . Lively butLudicrous, Los Angeles Times
Michael Schudson (1984), Advertising, the Uneasy Persuasion: It’s Dubious Impact on American Society, New York: Basic Books, p. xiii and p 45.
Moellinger, T., & Craig, S. (n.d.). (1972) “So Rich, So Mild, So Fresh“: A Critical Look at TV Cigarette Commercials: 1948-1971.
Neil Henry, (2007) American Carnival: Journalism under Siege in an Age of New Media University of California Press
Schudson, Michael. (2000). Advertising as capitalist realism. Advertising & Society Review 1(1),
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Fortis Bank SA/NV v Indian Overseas Bank
Outline: Analysis of the judgment in the case of Fortis Bank SA/NV v Indian Overseas Bank.
Introduction: gives a history of the case and the judgment.
Body:
The reasoning applied by the judge to arrive at the ruling.
Analysis of the law applied.
Examples of case studies where the same law was applied.
Conclusion: a summary of the issues discussed above.
Bibliography: a list of the references cited.
An analysis of the judgment in the Fortis Bank SA/NV v Indian Overseas Bank case
Letters of credit have been in use for many years. There are two types of letters of credit: commercial letters of credit and stand by letters of credit. The purpose of commercial letters of credit is to ensure payment of goods in international trade.[1] Standby letters of credit are used to provide third party credit support.[2]Article 5 of the Uniform Commercial Code, applies to all types of letters of credit. UCP set of rules have undergone several revisions to meet the demands that arise from transactions.[3]
Following revision, UCP 600 was drawn up under the International Chamber of Commerce in 2006 and took effect in July 1, 2007.[4] It replaced UCP 500.[5] Its full name is 2007 Revision of Uniform Customs & Practice for Documentary Credits, UCP 600.[6]A letter of credit contains the independence principle. By the independence principle, payment is only done when all documents are received by the issuer.[7]
Fortis Bank SA/NV v Indian Overseas Bank
This principle is found in article 4(a) and 5 of UCP 600. UCP 600 is only applicable where the both parties have agreed that is applicable.[8] A number of issues have arisen from the interpretation and implementation of the set of rules.[9] However, with continued application and interpretation of UCP 600, the set of rules become clearer and clearer. One good example of a case that has contributed to the interpretation of UCP 600 is the Fortis Bank/Stemcor v Indian Overseas Bank.[10]
Fortis Bank SA/NV v Indian Overseas Bank
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In August 2008, Stemcor signed five contracts for the sale of steel scrap to SESA in India.[11] Payment was to be by sight letter of credit (L/C) opened by a first class bank. This was advised by the first claimant bank in this case, Fortis. The applicant of the L/C was MSTC, a company that assisted SESA in doing the purchase. Indian Overseas Bank opened five letters of credit. These were subject to UCP600.
Thereafter, IOB notified Fortis. Stemcor presented the relevant documents to Fortis including the bills of lading as was required. Fortis went ahead to make payments of letters of credit 1-3. Fortis forwarded the remaining two L/Cs to IOB. Market prices had fallen sharply by the time the shipment was done.
For this reason, SESA declined to pay for the cargo. It then notified MSTC of discrepancies in the documents. As a result, IOB went ahead to reject the documents presented to it by Fortis. Thus, it refused to pay Fortis under letters of credit 1-3 or Stemcor under letters of credit 4-5. This forced Fortis and Stemcor to move to the Commercial Courts.[12]
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Fortis Bank SA/NV v Indian Overseas Bank
Hamblen J held that IOB did not have any valid defense except for one point of discrepancy in the beneficiary’s consolidated certificate. The judge also decided that IOB had the responsibility to act in accordance with its statement on the notice with reasonable promptness. Failure to do this would trigger the preclusion rule that would require IOB to honor the letters of credit. IOB went ahead to appeal. The Court of Appeal gave the judgment ([2011] EWCA Civ 58)[13]that dismissed IOB’s claim.
The court decision stood by the fact that sub-article 16 (c) of the UCP 600 gave a provision for what a bank ought to do, if it decides to reject the documents.[14] The provision states that the issuing bank must give a notice to the presenter. The notice should indicate that the bank is refusing to honor or negotiate, the discrepancy in respect to which the bank is refusing to honor or negotiate.
The bank is holding the documents pending further instructions from the presenter, that the issuing bank is holding the documents until it receives a waiver from the presenter and accepts it or receives instructions from the presenter prior to agreeing to accept a waiver; or that the bank is returning the documents or that the bank is acting in accordance with the instructions previously received from the presenter.
Fortis Bank SA/NV v Indian Overseas Bank
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Based on this, the judge confirmed that IOB was in breach of the contract to Stemcor as it failed to return the documents to Stemcor. The limit of reasonable promptness was also defined. The period ought to be shorter than five banking days, i.e. the time taken to decide as to whether or not to return the documents. With reference to this case, the need for a quick return of documents is emphasized in Legal Matters.[15] The court determined that IOB returned the documents weeks later after having said that they had done so.[16]
Fortis Bank SA/NV v Indian Overseas Bank
With regard to L/Cs 1-3, the judge held that IOB acted in breach of the agreement between them and Fortis. Thus, it was obligated to reimburse Fortis. However, this did not extend to Stemcor. From article 7 (a) (ii) of UCP600, the issuing bank had the duty to honour the credit if there was a failure by the nominated bank to pay. Hence, once Fortis discharged its obligations to Stemcor, Indian Overseas Bank was not obligated to Stemcor.
Two causation issues were raised in the case. The first one dealt with Stemcor’s failure to establish on the balance of probabilities that had Indian Overseas Bank honoured the five letters of credit, SESA or MSTC would have paid for or taken the cargo. Thus, port and detention charges would not have been incurred. Secondly, Stemcor was seeking payment not on wrongful detention of the documents. Rather, their claim was based on failure to make payment. For this reason, the judge expressed doubts regarding an effective cause of the loss.
Fortis Bank SA/NV v Indian Overseas Bank
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Further judgment saw the judge reject arguments brought forth by Indian Overseas Bank. The judge held that Stemcor did not have the documents of title in its possession and it could not assert any control over the goods. By asserting control over the goods, Stemcor would have lost its claim against IOB or SESA. The judge asserted the validity and fairness of the deals between Stemcor and the carrier. Indian Overseas Bank also argued that Stemcor was arguing repudiation. However, the judge pointed out that it would be commercially unwise for Stemcor to adopt this proposal in light of the risks involved in the law. Based on this, Indian Overseas Bank failed to prove that Stemcor had breached its contract.
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Fortis Bank SA/NV v Indian Overseas Bank
The judge’s conclusion didn’t express clearly whether Stemcor was expected to mitigate the loss. However, this aspect was implied in the judgment. This may be deemed to be contrary to the suggestion in by Gutterage and Megrah.[17] They suggest that the beneficiary isn’t obligated to mitigate the losses incurred in a transaction.
Further analysis of this case shows that Stemcor could have taken a different approach with regards to the letters of credit. Stemcor would have argued that there was wrongful detention of the documents by IOB. Moreover, Stemcor also has a basis to seek damages from SESA in relation to letters of credit 1-3. This may be based on the CFR sale contract.[18]
As mentioned earlier, the UCP 600 is subject to different interpretations. Nevertheless, the ruling made in this case acts as a precedent especially with regards to obligation of an issuing bank to return documents if there are any discrepancies within them.[19]
Fortis Bank SA/NV v Indian Overseas Bank
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L/C Consultancy Services highlights some of the risks involved in a letter of credit transaction.[20] The applicants risk non delivery, exchange rate risk or goods delivered being of inferior quality. In this particular case, SESA declined to take the goods due to poor market prices following the delay by the banks.
In conclusion, this case highlights the importance of a timely response. Due to failure by Indian Overseas Bank to notify and send back the documents to Fortis in time, it was forced to reimburse the claiming bank. Also, payment is only done upon receipt of the letter of credit. In addition to this, the letters of credit carry much weight in determining whether one of the parties is paid or not.
BIBLIOGRAPHY
Book sources:
Andrle .P, ‘Ambiguities in the new UCP’, DC Insight, Vol 13, pp.17-18
Commentary on UCP 600, International Chamber of Commerce. Paris, France: ICC Services, 2007.
Dolan, F. John, Letters of credit A.S.Pratt, 4th Ed., 2007, pp 1-31.
DPP Fortis Bank/Stemcor v Indian Overseas Bank, [2011] EWCA, Civ 58.
Gutteridge & Mgrah, Law of Bankers’ Commercial Credits, 8th edn, 2001
Xiang Gao and Buckley Ross C., The Unique Jurisprudence of Letters of Credit: Its Origin and Sources, 4 SAN DIEGO INT’L L. J. 91 (2003).
Journals and other publications:
‘Current legal developments at IMO’, “Shipping & Trade Law”, Informal Law & Finance, 1-2 Bolt Court, London Vol.11 no. 5 June 2011, p.6
Gallagher,Jr.P. Daniel ; Brown, Michael J.; Parson, Robert; “Fortis Bank/Stemcor v Indian
Overseas Bank: Article 16 under scrutiny” March 03, 2011.
Goode Roy, Guide to the ICC uniform rules for demand guarantees, International Chamber of Commerce, Publication No. 510, 1992
ICC, “International Standard Banking Practice for the Examination of Documents under Documentary Credits,” No. 681, 2007.
ICC, The Uniform Customs and Practice for Documentary Credits, 2007 Revision,
ICC Publication no. 600 (“UCP”)
Nielsen Dr. Jens; Nielsen, Nicolai, Standby Letters of Credit and the ISP 98:
A European Perspective¸ 23 Banking & finance L. REV 163 (2001),
WoodJeffrey S., “Drafting letters of credit: Basic issues under article 5 of the uniform commercial code, UCP 600, and ISP98”.The Banking Law Journal, Alexesolutions,inc. Feb 2008, p.2
Web sources:Fortis Bank SA/NV v Indian Overseas Bank
[1] Jeffrey S. Wood, “Drafting letters of credit: Basic issues under article 5 of the uniform commercial code, UCP 600, and ISP98”.The Banking Law Journal, ALEXeSOLUTIONS,INC. Feb 2008, p.2
[2]Dr. Jens Nielsen and Nicolai Nielsen, Standby Letters of Credit and the ISP 98:
A European Perspective¸ 23 Banking & finance L. REV 163 (2001),
[3]Roy Goode, Guide to the ICC uniform rules for demand guarantees,International Chamber of Commerce, Publication No. 510, 1992
[4] Commentary on UCP 600, International Chamber of Commerce. Paris, France: ICC Services, 2007
[5]Gao Xiang and Ross C. Buckley, The Unique Jurisprudence of Letters ofCredit: Its Origin and Sources, 4 SAN DIEGO INT’L L. J. 91 (2003).
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Foreign direct liability
Critically analyse what you understand by foreign direct liability
And
Critically evaluate the legal obstacles in regulating the activities of multinational companies.
An analysis of Multinational corporation operations and foreign direct liability.
Foreign direct liability
Introduction
Over time, parent companies mostly in developed countries have set their sights on foreign markets. This has led to an increased number of multinational companies. Multinational companies (MNCs) are defined as enterprises that have production and delivery services in more than one country.[1] Thus, the location of the company’s headquarters is referred to as the home country while the host countries are the other countries that it has invested in.
This has been facilitated by increased competition and globalization. Driven by the motivation to maximize profits, these companies have extended their boundaries all over the world. Most of them have even penetrated what would be termed as high risk areas. These are mostly war torn countries or those that have poor governance relating to dictatorial leadership.
In their quest to set base in foreign markets, these companies have to interact with the locals. Foreign direct Investment has experienced exponential growth in developing countries. World trade has exceeded $15 trillion over the last three decades. In the 1990s, a large portion of external finance in developing countries was attributed to foreign direct investment.[2]Their presence in these markets has led to great benefits.
Not only do the people benefit from employment, but impartation of new skills. Moreover, the multinational companies introduce new technology and knowledge[3]. In addition to this, the entry of multinational companies into these markets has put the developing nations on the trade map. Their entry has also contributed to the utilization of a country’s resources.[4]
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In order for these companies to establish themselves, they consider certain factors. These are known as the push and pull factors. The push factors force the companies from their home countries whereas pull factors lure them to new locations. Market based factors consider labor costs, information skills, investment incentives and management prowess. Efficiency based factors include common governance, economy of scope, production incentives and product specialization.
Strategic based factors on the other hand consider market access, distribution of the product, customer access and performance and input quality protection. Lastly, resource based factors are another key consideration. These include availability of capital and natural resources, supply stability and market controls.
In choosing to establish themselves in host countries, the MNCs are forced to adapt to the standards set by the jurisdiction they’ve chosen to operate in. Hence they align their production processes to the demands of the host country. With regards to labor costs, MNCs trend over the years is to pay the workers in the developing countries low wages.
It should be noted that once MNCs establish enter foreign markets, they become vulnerable to arbitrary government actions such as sudden contract renegotiations, being forced to but licenses or arbitrary withdrawal of the same or in some instances, expropriation.
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Nevertheless, MNCs play a major role in any market they enter. They impact government policy significantly. They influence how the government formulates policies regarding the country’s economy. Where the policy does not favor the multinational corporations, they threaten to withdraw from the market.[5] This is especially common with MNCs that have monopoly in a particular sector. Countries like the United States however, have managed to curb this through the presence of domestic market competitors.
Another avenue provided for MNCs to influence government decision is through lobbying. In the United States, an individual or group’s ability to lobby is enshrined in the right of petition contained in the Amendment to the United States Constitution.[6] Lobbying in the United Kingdom is considered as a way of promoting democracy. A statutory register for lobbying and lobbyists was recommended by the House of Commons Public Administration Select Committee.[7]
In the European Union, lobbying is done with the aim of influencing the European Parliament, the Council and the Commission.[8] Multinational corporations lobbying is directed at a range of issues such as the tariff structures and environmental regulations. Their purpose for lobbying on some of these issues is to filter out competitors. For instance, if a multinational company pushes for stringent standards on environmental safety, any other competitor that is unable to meet the requirements is automatically locked out.
Wal-Mart, a multinational corporation in the USA benefited from the zoning laws that created barrier to entry for other companies.[9] The zoning laws spelled out the areas that could be developed and for what purpose, regulating building heights, lot coverage and other aspects pertaining to land use.[10]
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In maintaining monopoly in a given sector, these corporations acquire patents. For instance, Adidas, renowned shoe manufactures, holds a patent to protect its shoe designs whereas Microsoft holds a software patent.[11]
International law and treaties.
Besides the individual national laws that govern sovereign states, the public international law was instituted to govern the relationship among sovereign states.[12] Hence, multinational corporations are affected by the international law. Increased global trade, environmental degradation and human rights violations have increased the importance of international law which is used to govern these issues.
In addition to this, international law is used to solve disputes that arise from the interpretation of and implantation of national laws.[13] The sources of international law are customs and treaties. Treaties result from consent to follow them by a number of countries while customary international law emerge from practices carried out by nations that believe they ought to be part of international law.[14]
Customary law has been used by environmentalists to affirm the need for countries and corporations to take care of the environment. This is clearly outlined in Principle 21 of the Stockholm Declaration and Principle 2 of the Rio Declaration.[15] These principles give the countries the right to exploit their resources but not to the extent of damaging the environment of areas beyond their jurisdiction.
Several treaties have also been established in relation to environmental protection. For instance, 2001 Stockholm Convention on Persistent Organic Pollutants prohibits the use of certain chemicals while putting restrictions on the use of others.[16] Nuclear and air pollution is also regulated by the International Convention on Oil Pollution Preparedness. Voluntary Corporate Codes of Conduct have also been established. The ISO 14000 established by the International Organization for Standardization is a set of environmental management standards that corporations voluntarily adopt to prevent pollution.[17]
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Foreign Direct Liability.
The negative impacts of multinational companies have led to the emergence of the foreign direct liability concept. The negative impacts have driven the locals to seek legal action against the multinational companies in their home countries.[18] The claims often relate to negative environmental and health impacts on the locals caused by a company’s operations in the area. For instance, in the US, cases have been brought forth against Union Carbide, Texaco, Unocal and Freeport McMoRan.
Union Carbide, a US based corporation invested in India. On December 3, 1984, the plant experienced a gas leak that killed 3,787 people and another 8000 that died from gas related diseases. [19] Immediately after the catastrophe, the company, Indian and U.S governments embarked on legal proceedings. The CEO of Union Carbide, Warren Anderson was summoned to the US Congress.
Not satisfied, in March 1985, the Indian government formulated the Bhopal Gas Leak Act that mandated it to be the legal representative of the victims.[20] The case was later transferred to India for hearing. This was challenged by Union Carbide management but was not supported by the US courts. In June 2010, 7 of the former UCC employees were convicted for negligence that caused the deaths.
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This is just one of the cases where foreign citizens have sought litigation in the home countries. As seen in the Bhopal case, due to failure to determine under which law the case was to be heard, there was a lot of back and forth between the Indian and the US government. Consequently, those responsible for the 1984 disaster were convicted sixteen years later. This clearly outlines the need to harmonize the legal systems between the home and host countries. Whenever a multinational company invests in another country, there should be clear guidelines on how cases involving the locals will be handled.
Foreign direct liability may have an impact on corporate performance.[21] Since the litigation process is an expensive course and in the event that the corporation losses against the plaintiffs and are forced to compensate them, then this is a factor that would cause the corporations to rethink their actions in the host country. Therefore, foreign direct liability may push them towards implementing risk management strategies.
In addition to this, the home countries can however play a role in regulating the influence of multinational corporations in the host countries in terms of the foreign direct investment.[22] The home country governments can limit the amount of investments an MNC can have. This will help to reduce their monopoly in foreign markets.
However, the MNCs have devised other means of avoiding foreign direct liability.[23] Among the measures they use is contracting what they view as the risky parts of their activities to subcontractors. Secondly, they insulate the parent company from any claims by separating the day to day management of the parent company from those of its subsidiaries.
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Another factor to be considered is the involvement of the local government in the corporations’ activities. They take part as business partners or beneficiaries. Hence, the host governments are likely to turn a blind eye on the MNCs activities.[24] This makes the victims’ quest for justice a big challenge. Worse yet is that even if the victims win and are to be compensated, the local subsidiaries may not be in a position financially to fulfill their obligations.
When analyzed from a corporate social responsibility (CSR) point of view, it ought to be the responsibility of these corporations to ensure that their workers have favorable working conditions.[25] By this, they should apply the same standards they apply at home in the host country. The issue of different standards at home and abroad should not arise. Hence, the best environmental and health standards should be applied wherever they choose to invest.
On the other hand, foreign direct liability opens up the host country to impositions by the home country.[26] The home country courts are likely to demand to have their way with regards to the host government’s choices. They may demand very high standards that the host government may not be in a position to meet based on the developing countries’ status. In the event that a disaster occurs, then the company together with the home government absolve themselves from any responsibility laying the blame on the host government for failure to implement their recommendations.
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Political, legal and social risks.
Besides this, multinational corporations face a lot of risks in their foreign operations. They are forced to deal with additional costs arising from their unfamiliarity with the foreign market, discrimination from the customers, suppliers or government entities[27]. Moreover, other costs are associated with international operations.
Multinationals also stand the risk posed by political decisions arrived at by a country’s governance.[28] Political changes that alter the expected outcome of a given economic action determine the probability of a company’s prosperity in the given country. These risks may be classified as micro-level political risks and macro-level political risks.
Macro-level political risks do not only refer to country level political risks, rather it is a coupling of local, national and regional political events. These risks may result in confiscation or seizure of a businesses’ property. Micro-level political risks on the other hand may be termed as project-specific risks. These risks tend to favor the local industries compared to multinational companies.
Micro risks arise from prejudicial actions or corruption. A good example of how companies can suffer from political risks is illustrated by Cuba. Following Fidel Castro’s takeover of Cuba in 1959, American owned assets and companies were expropriated as explained by Simon.[29] These companies incurred losses to the tune of hundreds of millions of dollars.
Macro level risks can be mitigated by the company understanding the political uncertainties of the host country. At the micro level, political risks can be mitigated through political risk insurance and hedges. Institutions such as Multilateral Investment Guarantee Agency (MIGA) and Overseas Private investment Corporation (OPIC) are just but a few of the public sector insurers that provide project specific political risk insurance.
Through insuring investors, MIGA promotes foreign direct investment in developing countries[30]. OPIC is an American based agency that mobilizes the private sector to invest in new and emerging markets. Portfolio of investments can be covered by private market insurers. Political risk insurance covers a variety of risks that the investor may face. These are currency inconvertibility, expropriation; loss of an investment due to confiscation by the host government; and political violence.
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In addition to this, legal risks are another challenge for MNCs. This results from a lack of clear guideline on the law applicable when a legal matter arises. For instance, the foreign direct liability cases prove to be a challenge as to which law to apply in determining the cases. The difference in the legal cultures of the host and home countries become barriers to the resolving of such cases.
Social risks on the other hand arise from crimes, violence and racial discrimination.[31] Multinational companies tend to be victims of crimes. This may be attributed to lack of confidence by the locals in their operations.[32] To add to this, people’s perception about a company influences the decisions they make. Multinational companies fall prey to this menace especially from customers who may view a company in a particular way. Wrong perception may also arise from lack of information about a company’s operations.[33]
Wal-Mart Company has faced a series of criticism from labor organizations, human rights activists and other entities.[34] This has given their consumers a negative perception about the company. Apart from this, multinational companies face racial discrimination from locals in the host countries. The domestic markets have a higher tendency of favoring the local industries compared to the foreign companies.
One of the ways of mitigating social risks is through corporate social responsibility.[35] Creating programs that help the MNCs keep in touch with the locals serves a good strategy to deal with the perceptions the locals may have about it. Some of these programs include creating social events where both parties can interact such as fun days for the employees. In addition, some MNCs have gone ahead to engage in programs that meet the needs of the locals such as establishing schools, providing water and other social amenities. Moreover, transparency about the companies’ operations also contributes to mitigating social risks.
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Conclusion.
In conclusion, multinational corporations are companies that have extended their operations from the home countries to foreign markets that are referred to as the host countries. These companies take into consideration the viability of the foreign markets before they establish themselves. Their entry into the host country implies involvement of the locals in the company’s operations. In addition to these, international laws have been put in place to govern the management of resources with respect to health and environmental safety.
Multinational countries tend to have different standards in the home and host countries. This gives rise to foreign direct liability. Access to justice is the underlying issue in foreign direct liability. The victims in most instances seek justice in the home country. However, this is still a foreign concept to many countries. As seen, multinational companies face several risks including legal, political and social. All in all, there is a need to develop a strategy where foreign direct liability is handled amicably and justice is served. Moreover, multinational companies need to not only be driven by the desire to make profits but work towards corporate social responsibility.
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BIBLIOGRAPHY
Book sources:
Aitken J.Brian and Harrison E. Anne, “Do Domestic Firms Benefit from Direct Foreign Investment? Evidence from Venezuela,”, p.1, June 1999.
Barber, Jeffrey, “Responsible Action or Public Relations? NGO Perspectives on Voluntary Initiatives,” Industry and Environment, 1998.
Barnett, Richard, Global Reach: The Power of the Multinational Corporations, 1975.
Enneking , F.H. Liesbeth, “Crossing the Atlantic? The political and legal feasibility of European Foreign Direct Liability Cases,” The George Washington International Law Review, p 903, 2009.
Handl Gunther and Lutz, E. Robert Transferring Hazardous Technologies and substances: The International Legal Challenge, 1989.
Helleiner, K. Gerald, “Transnational Corporations and Direct Foreign Investment Handbook of development economics. Amsterdam: North-Holland, 1989.
How managing political risk improves global business performance,” PwC Advisory and Eurasia Group, 2006.
Hymer, S, The International Operations of National Firms: A Study of Direct Investment,
MIT Press, Cambridge, MA. 1976.
Jenkins, Beth; Kutle Beth and Bekefi, Tamara, ‘Social Risk as Strategic Risk’, Corporate Social Responsibilty Initiative, December 2006
Lefcoe, George, “The Regulation of Superstores: The Legality of Zoning Ordinances Emerging from the Skirmishes between Wal-Mart and the United Food and Commercial Workers Union,” April 2005.
Luo, O. Shenkar, and Nyaw,M., “Mitigating liabilities of foreignness: defensive versus offensive approaches”, Journal of International Management, Vol. 8 No. 3, pp. 283-300. 2002.
Luo, Y., “Market-seeking MNEs in an emerging market: how parent-subsidiary links shape overseas success”, Journal of International Business Studies, Vol. 34 No. 3, pp. 290-309, 2003.
Mezias, J.M., “Identifying liability of foreignness and strategies to minimize their effects: the case of labor lawsuit judgments in the United States”, Strategic Management Journal, Vol. 23, pp. 229-44, 2002.
Magraw, Barstow Daniel International Law and Pollution, 1991.
Santoro, M., Should LDCs love MNCs? Foreign Policy, 128, 94-96, 2002.
Sethi,D and S. Guisinger,S., “Liability of foreignness to competitive advantage: how multinational enterprises cope with the international business environment”, Journal of International Management, 2002
Weiss, Brown Edith; Barstow Daniel and Szasz, C.Paul, International Environmental Law: Basic Instruments and References, 1992.
Journal and other publications:
Kierkegaard, Sylvia, How the Cookie (almost crumbled). Computer Law and Security Report Vol.21 Issue 4, 2005.
Kyle, Beth and Ruggie, G. John, “Corporate Social Responsibility as Risk Management” Corporate Social Responsibility Initiatice Working Paper, Cambridge MA: John F. Kennedy School of Government, Harvard University, 2005.
Simon, D.J., “A Theoretical Perspective on Political Risk”,), Journal of International Business Studies, Vol. 15, No. 3,Winter, 1984.
[7]Public Administration Select Committee < http://www.parliament.uk/business/committees/committees-a-z/commons-select/public-administration-select-committee/> (accessed on 30Nov 2011)
[8] Kierkegaard, Sylvia, How the Cookie (almost crumbled). Computer Law and Security Report Vol.21 Issue 4, 2005.
[9] Lefcoe, George, “The Regulation of Superstores: The Legality of Zoning Ordinances Emerging from the Skirmishes between Wal-Mart and the United Food and Commercial Workers Union,” April 2005.
[20]“Chronology”. Bhopal Information Center, UCC. November 2006.
[21] D. Sethi, and S. Guisinger, “Liability of foreignness to competitive advantage: how
multinational enterprises cope with the international business environment”, Journal of
International Management, 2002.
[22] Santoro, M., Should LDCs love MNCs? Foreign Policy, 128, 94-96, 2002.
[23] J.M. Mezias, “Identifying liability of foreignness and strategies to minimize their effects:
the case of labor lawsuit judgments in the United States”, Strategic Management Journal,
Vol. 23, pp. 229-44, 2002.
[24] Liesbeth F.H. Enneking , “Crossing the Atlantic? The political and legal feasibility of European Foreign Direct Liability Cases,” The George Washington International Law Review, 2009, p 903.
[25]Y. Luo, O. Shenkar, and M. Nyaw, “Mitigating liabilities of foreignness: defensive versus
offensive approaches”, Journal of International Management, Vol. 8 No. 3, pp. 283-300. 2002.
[26] Y. Luo,,“Market-seeking MNEs in an emerging market: how parent-subsidiary links
shape overseas success”, Journal of International Business Studies, Vol. 34 No. 3,
pp. 290-309, 2003.
[27] S. Hymer, , The International Operations of National Firms: A Study of Direct Investment,
MIT Press, Cambridge, MA. 1976.
[28] How managing political risk improves global business performance,” PwC Advisory and Eurasia Group, 2006.
[29] D.J.,Simon, “A Theoretical Perspective on Political Risk”, (Winter, 1984), Journal of International Business Studies, Vol. 15, No. 3. (pp. 123–143).
[35] Beth Kyle and John G. Ruggie, “Corporate Social Responsibility as Risk Management” Corporate Social Responsibility Initiatice Working Paper, Cambridge MA: John F. Kennedy School of Government, Harvard University, 2005.
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Women in American Journalism: A New History by Whitt, Jan
Book Review
Title of the book, author, publishing company, city, date.
Give some background information on the author.
Give an introduction to the book: time period, circumstances, and the individuals involved.
In relation to history, how did the individual, individuals, or event mold that period in history? What contributions did that individual, individuals, or event have on history, or change the course of it?
Type of book: A. Biography Discuss how the individual prepared in order to make such an important contribution to history. What problem or problems did he/she encounter. How did he/she resolve them?
B. Book that Deals with a Particular Event What circumstances occurred prior to that event in order for it to occur? Who were the leaders involved in precipitating the events? What problems did the encounter and why did they succeed or fail?
C. If Your Book Covered a Wide Time Span – Select one time period of history and explain why you thought this time period was more important than the others included in the book your read. What occurred during this time period that brought changes whether they were wanted or not? How did it shape that time period?
Type of book: A. Biography Discuss some of the other individuals that contributed to the development of the main character of your book, at least two. How did they help him/her.
B. Book that Deals with a Particular Event Why were the individuals involved in the cause so strongly motivated to bring about the event?
C. If Your Book Covered a Wide Time Span Briefly discuss two other time periods included in your book and why you thought they were interesting/outstanding.
What did you thing of the book? Would you recommend it to anyone else? Explain. Was the author bias? Did he/she present a clear interpretation of the facts, individual/ individuals, or events or did he seem to favor one particular viewpoint?
Women in American Journalism: A New History by Whitt, Jan Book Review Background Women in American Journalism: A New History, Jan Whitt, University of Illinois Press (Jul 2008). Jan Whitt, currently an Associate professor in the school of Journalism and Mass Communication at the University of Colorado, started her profession as a newspaper reporter and editor in Texas. Her academic credentials include a BA in Journalism and English(1977),a master’s degree in English(1980)and a PhD in English(1985).
Introduction
In her manuscript, Whitt embarks in portraying women contribution in journalism, a subject previously ignored. She draws to the efforts of such women journalists as Ida Minerva Tarbell whose other fields included teaching and writing. For Whitt, most marvels have, through out history, been yelled at the men such as William Randolph Hearst and Joseph Pulitzer, leaving women achievers uncelebrated.
How event molded that period in history
She revels how, in history, women got great things in journalism moving. For instance, Ida Tarbell’s book; The History of the Standard Oil Company was ranked number five by New York University in 1999. Another female figure who left permanent marks in journalism was Ida Bell Wells-Barnett who stood the ground for civil rights, as an activist for women rights .Being an African American, she was against the maltreatment of blacks in America. She tirelessly wrote about it as she was a journalist and a newspaper editor too.
Whitt also touches on the literary works of various women writers. She explores the lives of women reporters who achieved significant historical recognition, such as Ida Tarbell and Ida Wells-Barnett, as well as literary authors such as Joan Didion, Susan Orlean, Willa Cather, and Eudora Welty, whose work blends influences from both journalism and literature .she further explains how numerous women broadened the editorial scope of newspapers and journals and She is also for the idea that their journalistic activities broadened their thinking hence great invention, ideally out of their touring various places and interacting with vast sorts of cultures .
Such women include Willer Cather, Katherine Anne and Eudora Welty. Thus, Whitt suggests that the line between journalism and literature is very thin, almost negligible since there is little or no much difference.
Lastly, she mentions the alternative press, whose existence she proves through the lesbian press. Women like Caroline Churchill are mentioned as early fight on how numerous women broadened the editorial scope of newspapers and journals are in feminist press.
More about the book
Classified as a feminist text, the book would be a perfect tool to fight for the recognition of the role of women in journalism in America and elsewhere. Otherwise, it would be too biased, favoring women over men. Whitt only develops women figures.
Anyway, it’s a good text and anyone, male or female would enjoy Whitt’s style of writing, especially the way she vividly describes individuals. The writer of the book also recognizes those women of power who broadened the editorial scope of newspapers and journals which is an inspiring move. She also focuses on the performance of men like Joseph Pulitzer and William Randolph Hearst hence dint favor a particular viewpoint.
Whitt, J. Women in American Journalism: A New History. University of Illinois Press; 1st edition (August 4, 2008)
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Business operating environment
How does lobbying, the news media, private politics, and corporate social responsibility affect accountancy.
A business operating environment consists of both market and non market segments. Organizations overall performance largely depends on how well market and non-market activities are incorporated. The non market environment is composed of issues; which are considered the basis for non-market action, interests; which revolve around persons or groups that have a financial interest in the organization, information; which refers to the level of knowledge that the interested parties had concerning the non market actions taken and their outcomes and institutions; which are generally government and non-governmental bodies, the media and the public perceptions.
To come up with an effective non-market strategy, the management must carry out a thorough assessment regarding the prevailing environment. Analyzing the current environment allows the organization to predict with some degree of certainty how the environment shall be in future order to formulate effective strategies moving forward.
Business operating environment
Analysis of non-market issues
Writing in the influential management magazine, the MIT Sloan management review; authors David Bach and David Bruce Allen note that Nonmarket strategy appreciates that apart from being economic entities, businesses are also political and social agents. They add that since a variety of groups understand that businesses generate and distribute wealth, they seek to sway the operating environment (in their favor) using both formal and informal means.
Formal means include legislation while informal may take the form of methods such as petitioning, activism and others in order to influence the public’s view of the business (45). To properly understand the dynamics of non market, we must first comprehend its components.
According to the article the Non-Market Environment of Business Non-market issues can be systemic meaning issues which stem from changes in population size and composition, climate change, wealth proliferation and economic policies. A subset of the population forms the target market for the business and therefore changes in its size, structure and/or distribution will definitely affect the firm’s environment.
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Changes in weather patterns present a new set opportunities as well as challenges to a business. Extreme weather changes can affect the target market ability to buy and disrupt crucial supply chains. The business needs to be ready to adapt. Government actions on the operating environment are critical in the long and short run. Issues arising from taxation, interest rates, licensing and others need to be anticipated and dealt with.
We also have organizational non-market issues. Organizational issues are specific in nature. The organization needs identify them and determine what impact they shall have on the organization. Appropriate measures then need to be put in place to mitigate any adverse effects they might have on the business.
Finally, nonmarket issues can also be individual. This refers to how persons within the organization deal with the issues. Every individual has their own disposition and manner of dealing with issues. The relationship between a businesses’ representative and personnel representing the government in a government agency defines the businesses’ relationship with that body. If it is cordial, then the firm can expect favorable exchanges with that body.
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Accountancy and non-market issues
Accountancy refers to all the activities that involve the collection, analysis and dissemination of businesses’ fiscal information to the management, government and tax authorities, shareholders and other users. From the onset then we can clearly see its link with non-market issues. For instance, the organization has to file its annual returns with the tax authorities where the data provided is scrutinized for any irregularities. The level of scrutiny subjected to organizations financial reports might be dependent on its relationship and prior encounters with the taxman.
Lobbying and accounting
Lobbying is considered as all those acts aimed at swaying legislation in one way or another. There is level of lobbying permitted by most governments. Legislation which is likely to have a substantial bearing on a businesses’ environment is likely to be supported or contested by way of vigorous lobbying. However this should be done within the law and firm’s in most countries are not allowed to make overtures directly to members of the legislature.
Lobbying by industry or accountants is usually done maintain the status quo, to resist proposed new standards or to support them. A common technique used by businesses’ or auditors who are unhappy with the present standards is to actively lobby the institutions charged with setting standards. In most countries, their assertions form the basis for drafting new legislation (O’Regan 33).
Each firm has its own practices regarding reporting methods, the amount of financial information revealed to stakeholders Organizations accounting policies have to be in harmony with the existing laws. governing accounting. Given that, it goes without saying that any legislature that would be favorable towards organizations accounting practices would receive its backing by way of vigorous lobbying. Most firms are opposed to stringent accounting standards for a variety of reasons.
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Human beings are naturally resistant to anything that alters the prevailing status particularly if they are comfortable with it. Fischer, William and Cheng while discussing the harmonization of global accounting standards contend that they expect active resistance from the accounting fraternity (28). They note that the reason for this defiance is the need for the accountants to familiarize themselves with new reporting designs, and the increased workload that come with it.
There is the general feeling among auditors that tried and tested techniques which are proven to work need not be replaced. According to Fischer et al, accountants may sometimes oppose new standards for actual or imagined reasons (11). Adequate training and familiarization with the new working environment however soon removes the pockets of resistance.
However some reasons for opposition to change are not as mundane as simple fear of the unknown. Businesses’ engage in trade to make money and will actively resist any move that threatens their profits. For example a bill may come up that aims to classify an item that is listed as tax exempt as becoming taxable. In such a scenario, affected firms are likely to advance a furious lobby to fight the offensive piece of legislation.
A considerable number of amendments to accounting standards are with regard to transparency and disclosures. Thus firms seeking to conceal the true picture concerning their financial status of the business to stakeholders, creditors and the government fiercely lobby against any such amendments.
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It is certain that change to accounting and accounting standards will be a permanent feature of the profession as it is with others. The introduction of technology to accounting means that any credible and modern accountant should at least have some working knowledge of an accounting application. Governments and the tax authorities now require the reporting and filing of periodic reports online.
All these changes have been passed through amendments to existing laws. This does not mean that there has not been active resistance through lobbying and other means including industrial action. This merely shows that the wave of change is unstoppable in accountancy as it is in all other sectors.
Works Cited Page
Bach, D, & Allen B. What Every CEO Needs to Know About Nonmarket Strategy, (2010)
Fischer, P, M, Taylor, W, J, & Cheng, R, H. Advanced Accounting, Cengage learning, (2011)
O’Regan, D. International auditing: A practical resource guide. John Wiley and Sons. (2003).
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Good parenting
Psychology Article Analysis: Good parenting heals your child’s brain
Psychology Article Analysis: Good parenting heals your child’s brain
The article ‘Good parenting heals your child’s brain,’ was written by Armin Brott and posted on hitched magazine on 21st January, 2014. It can be obtained through the following link; http://www.hitchedmag.com/article.php?id=1765
Good parenting
Main ideas
Children who grow up in institutions as opposed to with their families have cardinal brain development deficits, similar to children who grew up in poverty. Poverty brings about stress that result to damaged DNA and cells, poor immune system function, and inflammation. Orphans in institutions possess more neurological and behavioral deficits compared to those who lived in family (Brott, 2014).
At the age of for and half years, more than forty percent of the orphans had anxiety disorders while four percent had critical depressive disorders. In addition, many orphans exhibited autism signs including stereotyping and repetitive behaviors (arm-flapping and rocking).
Good parenting
Children living in institutions possess less white and gray matter (this matter connects various brain regions) compared to those in foster homes or living with their families. In addition, they have smaller amygdala and hippocampus that are vital for memory, learning, and emotion (Brott, 2014). Reduced white matter is common in a majority of the psychiatric and neurological conditions such as ADHD, schizophrenia, and autism.
A developmental neuroscientist explained that the less white matter meant less brain electrical activity- ‘alpha power’. These brain differences were accountable for the behavioral variations in the different groups of children- higher levels of anxiety and depression disorders in children in institutions (Brott, 2014). Children in foster homes and institutions had higher levels of oppositional defiant behavior and ADHD.
This gives the implication that children are placed in foster homes too late after profound deprivations had been experienced. Children can never recover from early-life isolation and the social deprivation is devastating. The environment in a child’s life between 0-5 years is vital for their future.
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Good parenting heals your child’s brain
Article’s purpose
The article aims at creating awareness that poverty leads to children’s stunted brain growth. However, research indicates that good parenting reverses these impacts (Brott, 2014). Therefore, there is a need for families (particularly parents) to raise their own children and avoid leaving that responsibility to the community and other people. In addition, the brain requires stimulation for development and growth.
The field of psychology explained
Autism experts, behavioralists, and developmental neuroscientists have a key role in ensuring a community with healthy people (Brott, 2014).
Analysis
Viewpoint
The article’s viewpoint is that there is a need for enriched environments during childhood and infancy. Social deprivation is the reason why children living in institutions have higher levels of anxiety and depression disorders.
Reasonable information
The article offers reasonable information owing to the fact that the information was obtained from credible researches.
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Is the information believable?
The information is believable since the parents were assessed keenly before the report was written. The information has also been cross examined.
Persuasiveness
The article persuades parents to practice good parenting as this plays a great role in ensuring healthy and productive children.
Information that can be added
The study should have elaborated what factors in the different environments contributed to altered brain function and structure.
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Explicit and Implicit Memory
Define and explain the differences between Explicit and Implicit Memory. Explain the role of the hippocampus in forming memories.
Explicit and Implicit Memory
Explicit memory is the information that an individual works consciously to remember while information that is remembered effortlessly or unconsciously is known as implicit memory. There has been a lot of research on explicit memory and presently, researchers are working on finding out how implicit memory functions and the influence it has on behavior and knowledge (Myers, 2011).
Explicit memory stores information in cases where a person is trying to remember something intentionally, for example, what was learnt at school. This memory is used daily when recalling things such as the time and date of an appointment, the current president, a friend’s phone number, and a test’s information.
This memory is also referred to as declarative memory since an individual explains and recalls the information consciously. Explicit memory may be semantic that involves memories of names, concepts, and facts, or episodic that deals with long-term memories of particular events (Myers, 2011).
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Implicit memory involves the things people do not try to remember purposely. It is both unintentional and unconscious (Myers, 2011). It is also referred to as declarative as an individual cannot make it available consciously. For example, a person does not consciously remember how to turn on the television. Although implicit memory is recalled consciously, it has an impact on behavior and knowledge on varying tasks.
The role of the Hippocampus in forming memories
The brain’s horse-shoe shaped area has a vital role in that it consolidates information from short-term into long-term memory. The hippocampus is a component of the limbic system that is linked to long-term memories and emotions. Moreover, it is involved in complicated processes including organizing, storing, and forming memories. In case one hippocampus side gets damaged, memory function remains almost normal as it is present in the two brain hemispheres (Myers, 2011).
Explicit and Implicit Memory
Reference
Myers, D. G. (2011). Psychology in Everyday Life (2nd Ed.). (Chapter 6, 78-90). New York: Worth Publishers.
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