Thursday, January 23, 2020

I Never Promised You a Rose Garden by Joanne Greenberg Essay example --

I Never Promised You a Rose Garden by Joanne Greenberg   Ã‚  Ã‚  Ã‚  Ã‚  The cold tone of this story starts out right in the beginning and her mother and father are quite distraught because of the daughter’s illness and the fact that they must trust the doctors; they seem to not trust anyone. They even told their own family that Deborah is at convalescent school, not a mental institution. Of course the time period of the book is much earlier than now so it is more understandable why they were upset. Hopefully parents now are less ignorant and would try and be proud of their child to willingly get help. It would be too harsh however to say that Deborah’s parents did not do the best that they could, they just did not even realize that their daughter was mentally sick. They didn’t even know that her peeing herself was the result of a tumor. I can say that the way that they treated her for that was wrong. At least they feel bad or that it is their fault. I think that much more of the blame needs to be placed on the par ents, contrary of what Dr. Fried stated. It is the responsibility of the parents to protect and nurture their children, not to physically punish what it not right.   Ã‚  Ã‚  Ã‚  Ã‚  Dr. Fried is a nice women. It is interesting that she was in Nazi Germany. Deborah and her family are Jewish and I feel that this is an important tie. Dr. Fried in able to make progress with Deborah and gain her trust. Dr. Royson has to treat Deborah for awhile when D. Fried is away. He is a much colder person and seems more concerned with proving Deborah wrong than actually getting into her personality and mind frame the way Dr. Fried did. Most of the other people who work in the hospital seem like they are just there to do their job. Dr. Fried, however, seems to be genuinely concerned about her patients. For some reason, there end up being a few folks that inmates or patients constantly torment: Hobbs, who commits suicide, and Ellis, who replaces Hobbs. Deborah tells one of the orderlies that Hobbs and Ellis are just like the patients and that it were all the harassing comes from. MacPherson sets her straight by telling her that some people cannot afford to get help for their problems.   Ã‚  Ã‚  Ã‚  Ã‚  I found the other patients very intriguing. They were constantly changing, new one coming in, some getting well and leaving only to return later on. Deborah and another girl even escaped but the... ...d asked for the restraints to be prepared for her because another episode was coming.   Ã‚  Ã‚  Ã‚  Ã‚  Deborah’s internal will and her great perceptiveness was most likely the main reason she started to succeed. Dr. Fried’s relationship with her also played a large role in Deborah’s recovery. Living in the real world at Mrs. Kings and studying to pass the GED may seem like typical thing for most, but this was a huge accomplishment for Deborah. After the last psychotic episode, She wakes up and begins to study. She tells the gods of Yr that she is giving up Yr for good. They remind her of all of the pain that exists because of the â€Å"real world†. â€Å"Full weight,† she said.   Ã‚  Ã‚  Ã‚  Ã‚  I think that Deborah is a smart person with a powerful imagination, who makes it through some very real problems. I feel that some of the blame should be directed towards the parents, but I also realize that they have their own problems. Also, this story takes place during a very different time than that we live in today. Hopefully, our society is educated to understand that sometimes there are situations above our own control. We then must look to the medical profession to provide answers to the questions we have.

Wednesday, January 15, 2020

Brook land

Relationship with our parents is a vital part in our lives. From the time that we are conceived, they have designated or assigned within themselves the responsibilities and obligation they will face upon our birth. They are conscious and knowledgeable about having the duties to give us our basic needs like our food, shelter and clothe that will make us strong to survive the changing world.Parents actually are our guides in our growth, from being a baby who has nothing to do but cry to ask for something, to being a toddler who always plays with the food, an adolescent who seeks freedom especially when pressured by our peers and even if we become adults and already have our legal rights for independence. The love of a parent as they say is incomparable.In what I have experienced and seen among my friends and even with my family, blood relationships are still necessary even if our culture does not obviously close family ties, we can still see how our parents are caring for us by the way they are curious about our dreams and our planned careers especially when we come from the elites. Many publications are distributed world wide to see or show the different family relationships we can witness with our friends, classmates, or even in our own families.The affection, restrictions, commitment and some conflicts are analyzed if not illustrated by the book or literature. Brookland for example, written by Farrar Straus & Giroux, is a story of a father and daughter who has serious and intimate talks regarding the love of a parent to a first born and the succeeding children. As the father mentioned in the book â€Å"†¦a man doesn’t love one child more’n the next.†, I can sense that if I will view the sentence literally, I will feel inferiority to my elder brother or sister if I have any for the love my parents or my father is giving to him/her is more or with greater quality than what I am receiving. But when we analyze the set – ups, it jus t says that parents give their best shot on their first since that is the first time they are going to try roles of being a parent.Even in my life, not in parenting, I can say that if I face a thing first time, I would really try my best to actually have a good performance for the job or the role. The second, third or fourth tries will not require much effort as what I did with the first for I have been accustomed to facing and dealing with it. The passage does not necessarily mean that bias for the children but a realization of the efforts they try to give with their children. A mother’s love for me is very unconditional. Forgiving and forgetting at the same time.I can say that even if a mother treats her children differently, she has the same level of love for them; it just so happen that those who approach their mothers more become closer and look more loved. The book showed an endless love of a person towards people that contributed to her life; passion and motherhood at the same time, molding the minds of the readers of the significance of a motherly care to the weak and enlightenment to the other children. Works Cited Emily Barton. 2006. Review of Brookland. [11 December 2008].

Tuesday, January 7, 2020

The Victorian Burglary Legislation - Free Essay Example

Sample details Pages: 7 Words: 1976 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Research paper Did you like this example? Impact of Singh v The Queen on the Victorian Burglary Legislation. Introduction The main contentious issues in Singh v The Queen[1] are when should the mens rea element of the crime of burglary be proven to exist for a continuous act or series of acts, should the prosecution prove beyond reasonable doubt the existence of intent to commit the crime of burglary at the time of the first effective entry into the building or part of the building as defined by the Crime Act 1958 (Vic) s 76(1)?[2] And if so, what is the proper interpretation of the phrase à ¢Ã¢â€š ¬Ã‹Å"part of the buildingà ¢Ã¢â€š ¬Ã¢â€ž ¢?[3] To answer these questions, this essay will analyse the current Victorian burglary laws, explore some of the issues which do arise when applying s 76 of the crime act,[4] examine some of the principles formed by various courts during criminal proceedings especially when hearing burglar cases and finally summarise the potential impact of Singh v The Queen[5] case on Victorian Burglary Legislation. Don’t waste time! Our writers will create an original "The Victorian Burglary Legislation" essay for you Create order Current Victoria Burglary and Aggravated Burglary Laws. Originating from the Common Law and buried at the heart of the Criminal Law is the notion of blameworthiness which states that a criminal conviction connotes a moral evaluation of the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s guilt as deserving sanction.[6] This principle of proving all elements of a criminal offence is referred to as Temporal Coincidence.[7] For the crime of burglary to be established, the current Victorian burglary laws have squarely placed the onus of prove on the prosecution to establish beyond reasonable doubt that the accused had entered a building or part of a building,[8] and at the time of entering the building the accused entered as a trespasser[9] and at the time of entering the accused intended to steal anything in the building or part in question[10] or to commit an offence involving an assault to a person in the building or part in question or involving any damage to the building or to property in the building or part in question.[11] For the aggravated burg lary, the prosecution has to prove that the accused commits a burglary,[12] and at the time the accused has any firearm or imitation firearm, any offensive weapon or any explosive or imitation explosive[13] or at the time of entering the building or the part of the building a person was then present in the building or part of the building and he or she knew that a person was then so present or was reckless as to whether or not a person was then so present.[14] How the courts have formed principle when interpreting burglary laws. The distinctive feature of the criminal law is its dualism in it approach to criminal behaviour.[15] For the accused to be convicted of a criminal offence, the actus reus and mens rea elements must exist at the same time.[16] However, the dualist approach encounters problem in situation where there has been series of act or continuing act. The dilemma is whether a men rea is required for each act. These are the exact issues which exhibited themselves in Singh v The Queen.[17] When deliberating on such cases, judges have apparently applied various approaches which have been categorised into three principles discussed below. Continuing Act and Series of Act Approach When dealing with series of acts, courts tend to treat the accused conduct as one indivisible transaction and that mens rea existed at the time the accused began the series of act.[18] The continuing act approach was clearly displayed in Fagan v Metropolitan Commissioner, [19] where the accused drove his car onto the foot of a police constable. When the victim told Fagan to move his car, he turned off the engine. Fagan eventually moved the car but was convicted for assault. On appeal, Fagan argued that driving onto the constableà ¢Ã¢â€š ¬Ã¢â€ž ¢s foot occurred without mens rea. The question before the court was whether there was a coincident of mens rea and actus reus. . The court held that the relevant act was a continuing one, which started with the wheel being driven onto the constableà ¢Ã¢â€š ¬Ã¢â€ž ¢s foot and ended with removal.[20] Therefore, assault was formed from the moment intention was produced in the apprehension of the continuing act.[21] There are some cases where the court tends to look at the impact of the accused conducts on victim even though the act might have started without clear evidence of mens rea. However, any intention formed later in the process of initial act could satisfy the existence of the mens rea element of the crime.[22] In cases where the prosecution cannot produce evidence that indicates directly that the accused knew that people were living in the building at the time of entry, the court may ask the jury to infer on the accusedà ¢Ã¢â€š ¬Ã¢â€ž ¢s knowledge and intention at the time of entry based on motive evidence provided.[23] In Chimirri[24] the appellate court accepted that the accused was already a trespasser and that it was the formation of the intent to assault on the effective entry into the bedroom that made the accused a burglar on entry into that part of the building.[25] Such interpretation is debatable.[26] The Principle of Temporal Coincidence The doctrine of Temporal Coincidence states that the requisite mens rea of an offence must exist at the time of each and every volitional act or omission upon which it is necessary to rely in order to establish the actus reus of the offence.[27] For the prosecutor to press the charges of the aggravated burglary, the liability of the crime of burglary must first be established.[28] However, establishing burglary require that an accused enters a building or a part thereof and possesses the requisite mens reas of knowledge or recklessness as to being a trespasser and the intention to steal or commit one of the prescribed assault or damage offences at the time of entry.[29] Consistent with this principle, Dawnson J in Barker v The Queen stated that the offence of burglary is committed only if, at the time of entry as a trespasser, the entrant has an intent to steal.[30] This view was later made clearer in Doolan v Eaton[31] than in any other case, where the conviction of the crime o f unlawful entry was successfully appealed and the appeal was allowed. For the aggravated burglary, the prosecutor has to establish beyond reasonable doubt that at the time of entry, the accused had a state of mind whereby the accused knew there were people inside the building and had an intention to commit the prohibited volitional act.[32] Therefore, in accordance with the temporal coincidence principle, establishing the intent at the entry is a central requirement for culpability for the offence of aggravated burglary.[33] Applying Evidence of Premeditation or Plan to prove intend Any proven evidence of premeditation or plan of the assault or burglary makes the accused culpable of the aggravated burglary.[34] In Peter John Gale v R[35] the court expressed the view that a plan with expressed purpose of committing an assault can culminate into a very serious offence of the aggravated burglary. Therefore, the act of planning such assault implied that the accused had knowledge of the victim being present in the building, thus the intention mens rea of the offence is present.[36] Interpretation of the Phrase à ¢Ã¢â€š ¬Ã‹Å"Part of a buildingà ¢Ã¢â€š ¬Ã¢â€ž ¢ in s 76 and Development of the Burglary laws in Victoria. The interpretation of the phrase à ¢Ã¢â€š ¬Ã‹Å"part of a buildingà ¢Ã¢â€š ¬Ã¢â€ž ¢ in s76 has continuously been a subject of debate since the enactment of the Crime Act 1958.[37] It can be argued that the purpose of the à ¢Ã¢â€š ¬Ã‹Å"part of a buildingà ¢Ã¢â€š ¬Ã¢â€ž ¢ in s 76 was not to undermine the principle of Temporal Coincidence but to cover offences of burglary that can occur and do occur in sections or areas of the building where right of entry is limited and the licence of the person is required,[38] especially where a building has been divided into parts with physical partitions or artificially divided with limitation placed and the accused is aware of such limited permission.[39] The Judicial College Victoria in its Criminal Charge Book (2014)[40] has divided the building into two distinctive parts, the part of a building that the accused could lawfully enter, and the remainder of the building.à ¢Ã¢â€š ¬Ã¢â€ž ¢[41] The question of whether a room or an area within a building can be treated as à ¢Ã¢â€š ¬Ã‹Å"part of a buildingà ¢Ã¢â€š ¬Ã¢â€ž ¢ has always been left by judge for jury to decide.[42] However, in many cases, the court interpretation of the Victorian burglary legislation has been purposive rather than literal approach. Potential Impact of Singh v The Queen on the Victorian Burglary Legislation If the appeal is allowed, this case will then set a precedent which may be used as an authority in courts. It may also be used as a defense against aggravated burglary charges in cases where a crime involved series of acts or continuing act. Such an interpretation would be the unintended consequence that was not foreseen by the Victorian Parliament when the legislation was passed. On the contrary, rejecting the appeal will be contravening the principle of the Temporal Coincidence, which is the core of criminal law. This doctrine is imbedded on the question of whether an accused has made an effective entry into a building or part of a building,[43] which then banks on resolving the question of what was the purpose of inserting the phrase à ¢Ã¢â€š ¬Ã‹Å"part of a buildingà ¢Ã¢â€š ¬Ã¢â€ž ¢ into s76 of the Crime Act 1958 (Vic).[44] The verdicts for criminal cases are reached when the whole evidence proves the elements of the offence beyond reasonable doubt.[45] But due to lack o f consensus by various courts and among judges when interpreting the phrase à ¢Ã¢â€š ¬Ã‹Å"part of a buildingà ¢Ã¢â€š ¬Ã¢â€ž ¢ in s 76 of the Crime Act 1958[46] and dilemmas it creates when dealing with a continuing act like the Singh v The Queen [47] case, whichever way the appellate court rule, the Singh v The Queen[48] case has a potential to prompt the Victoria parliament to categorically redefine the phrase à ¢Ã¢â€š ¬Ã‹Å"part of a buildingà ¢Ã¢â€š ¬Ã¢â€ž ¢ in s 76(1) of the Crime Act 1958 (vic)[49] and such change to the legislation is imminent, it is just a matter of time but it is envisaged that the Victorian parliament will eventually amend the legislation. [1] Singh v The Queen [2013] VSCA 300. [2] Crime Act 1958 (Vic) s 76(1). [3] Ibid. [4] Ibid. [5] Singh v The Queen [2013] VSCA 300. [6] Trisca Mann, Australian Law Dictionary (Oxford University Press, 2nd ed, 2013). [7] Arenson, Ken, Mirko Bagaric, Peter Gillies, Criminal Laws in the Common Law Jurisdictions, (Oxford University Press Australia Higher Education, 3rd Edition,2011)(Emphasis added). [8] Ibid s 76(1); Nash, G., M., Annotated Criminal Legislation Victoria, 2013 à ¢Ã¢â€š ¬Ã¢â‚¬Å" 2014, LexisNexis. [9] Ibid. [10] Crime Act 1958 (Vic) s 76(1)(a). [11] Ibid s 76(1) (b). [12] Crime Act 1958 (Vic) s 77(1). [13] Ibid s 77(1)(a). [14] Ibid s 77(1)(b). [15] Lawskool.com.au. [16] Ryan v The Queen (1967) 121 CLR 205; Simon Bronitt and Bernadette McSherry, Principal of Criminal Law (LBC Information Services, 2001) 161; Arenson et al, above 7, 445. [17] Singh v The Queen [2013] VSCA 300. [18] Thabo Meli v The Queen [1964] 1 WLR 22 8. [19] Fagan v Metropolitan Commissioner [1969] 1 QB 439. [20] Lawskool.com.au. [21] Fagan v Metropolitan Commissioner [1969] 1 QB 439; Lawskool.com.au; See also R V Miller (1983) 2 AC 161. [22] The Queen v Dinsley [2013] VSC 631. [23] R v Steve Verde [2009] VSCA 16. [24] Chimirri [2010] VSCA 57. [25] Ibid, cited in Singh v The Queen [2013] VSCA 300. [26] Singh v The Queen [2013] VSCA 300. [27] Arenson et al, above 7. [28] Crime Act 1958 (Vic) s77(1). [29] Ibid s 76; Arenson et al, above 7, 461. [30] Barker v The Queen (1983) 47 ALR 1 (emphasis in original) (citation omitted). [31] Doolan v Eaton [2011] NTSC 52. [32] R v Hilton Munro [2006] VSCA 94. [33] See especially, Joshua Denman v R [2012] VSCA 261. [34] Pryor v Western Australia [2014] WASCA 143. [35] Peter John Gale v R [2014] VSCA 168. [36] Ibid; David Christopher Smith v R [2013] VSCA 219. [37] Crime Act 1958 (Vic). [38] R v Walkington [1979] 2 All ER; Singh v Th e Queen [2013] VSCA 300. [39] R v Walkington [1979] 2 All ER. [40] Judicial College Victoria, Criminal Charge Book (2014) https://www.judicialcollege.vic.edu.au/eManuals/CCB/index.htm#5141.htm.(citations omitted). [41] Ibid. [42] R v Walkington [1979] 2 All ER. [43] Arenson et al, above 7. [44] Crime Act 1958 (Vic) . [45] Douglass v The Queen [2012] HCA 34. [46] Crime Act 1958 (Vic). [47] Singh v The Queen [2013] VSCA 300. [48] Ibid. [49] Crime Act 1958 (vic) s 76.

Saturday, December 21, 2019

Food And Drink Industries Companies - 1622 Words

Introduction As we all know, taste and smell are a â€Å"must have† for food and drink industries and one can easily imagine that these characteristics can be a clear differentiating factor on the â€Å"the more the better† axis in the pharmaceutical, packaging or environmental sectors. Many companies usually use human taste panels to measure taste and smell. However, human nose is very sensitive and experts can control panels. Accordingly, this approach can carry a lot of variation over time. Moreover, this process is time consuming, costly and limited by the number of samples that can be tested. It requires involving people from outside of the company so it is needed to deal with issues like confidentiality, safety and public image. Based on any†¦show more content†¦The results that are related to human data can make this measurement as â€Å"absolute† as possible. In the measure phase, the advantage of E-noses and E-tongues is that they could reduce cycle times for each measurement as much as 80 or 90 percent, improve repeatability and reproducibility across data collection and acquire the data with lower price. Also, in the improving and control phase, E-noses and E-tongues can help to design and implement experiments for given objects to find optimal process conditions. It is also worth mentioning that the new measurement system can handle changes and sustain the profitable performance in a long-term perspective. This project was focused on illustrating how E-noses and E-tongues help companies to improve their CTQs. So, although DMAIC team did not have a specific plan and timeline for any specific company, the project can still get a medium grade for the first criteria since they completed their primary goal which consisted in analyzing the benefits of using E-noses and E-tongues to help companies improve their product performance. Application of Six Sigma Tools One of the most important segments is to use the tools and techniques in a correct and proper way within the Six Sigma application. In the project’s beginning, a Kano model was used to indicate how the â€Å"Soft attributes† such as Tastes as a differentiating factor canShow MoreRelatedFood And Non Alcoholic Beverages Industry Essay806 Words   |  4 PagesIndustry Background SIC and NAICS An industry as complex as the Food and Non-Alcoholic beverages industry must be coded by organizing smaller sub-categories when referencing the Standard Industrial Classification (SIC) system and the North American Industry Classification System (NAICS). These systems categorize industries using codes to aid in analytical research for Federal statistical agencies. (United States Census Bureau, 2012). 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Friday, December 13, 2019

Stress and Self Esteem Free Essays

In recent studies philosophers have discussed whether stress and self-esteem have any relations to one another. Does the effect of a person’s stress affect their self esteem? It might seem that a person with low self esteem could be the effects of a high level of stress. Self-Esteem affects everyone, especially teenagers. We will write a custom essay sample on Stress and Self Esteem or any similar topic only for you Order Now The articles suggest that there may be other factors that influence stress and self esteem. Introduction â€Å"The Merriam-Webster dictionary defines stress as a physical, chemical, or emotional factor that causes bodily or mental tension and may be a factor in disease causation. It may seem confusing but everyone has dealt with stress in their lifetime. Stress is something that is not diagnosed by a doctor, but when a person is stressed, they can definitely feel it (R. , Jill, 2012, par 2). What is self esteem? It is the opinion you have for yourself and your value as a person. Self confidence is also a major role in self esteem. Studies have shown that there is a negative relationship between self esteem and stress. It was also found that self esteem appears to control the effects of stress on psychological functioning. Those with low self esteem distribute more of a higher stress level than those with a high self esteem. By having a high self esteem it makes dealing with stress easier. High self esteem may protect the individual from distress by allowing the individual to feel less vulnerable and help them rise up from difficult situations. High self esteem may also result in more active and effective coping and in enhanced motivation in response to stress (Abel, 1996). Individuals have their own way they deal with stress and their self esteem. Stress and self esteem have relations to one another but people deal with things differently. â€Å"Another study examined self esteem as a moderator of the influence of perceived stress and coping on symptoms of depression in a sample of 713 college students. The results suggest that self esteem may play an important role in the development of depressive symptoms in college students through interactions with perceived stress and coping (Eisenbarth, 2012, par. 1). † If an individual does not see them self as worthy, or important, a rise in stress is likely to occur (Eisenbarth, 2012). I believe the strength of the relationship between the two variables is a medium. Even though research suggests that stress and self esteem do not have such a close connection, I think self esteem and stress are closely connected because every person handles stress differently. If a person has a high level of stress and a low self esteem, it may cause his or her self esteem level drop even more. College students tend to have a higher stress level which could lead to serious depression disorders. The transactional model of stress and coping forwarded by Lazarus and Folk-man (1984) defines stress as an imbalance between people’s perception of the demands placed upon them and their interpretation of the resources available to cope with those demands (Esienbarth, 2012, par 3). † Those with higher levels of self esteem may take stress more lightly, while those with low self esteem may only see the negative sides of the stress which could cause their stress to heighten even more. â€Å"A United States study shows that forty three percent of adults suffer adverse health effects from stress (Hall, 2012, par 2). If an individual has a high self esteem and recently suffers from a lot of stress can cause the persons self esteem to go from high to low. Having a low self esteem can lead to weight gain and depression. If a person does not get help when suffering stress or self esteem problems, it could eventually lead to health problems. Researchers found that there is a strong relationship between how someone copes with stress and self esteem. People with low self esteem are more likely to view their behavior as being dependent on the situation while people with high self esteem have a greater ability to connect in a wide range of coping behaviors. Why do people with low self esteem view their coping behavior more as self-dependent? It has been suggested that self esteem influences coping because it is so strongly related to personal preferences which they use for their own differences and outcomes (Abel, 1996). It may be that peoples coping styles reflect their self esteem, but they could also be building a barrier that could make their self esteem crash. If a person continuously worries about their self esteem and how to cope with it, the more stressed and anxious they may become. Self esteem is not as important as self acceptance. Many people argue that self esteem and self acceptance are the same thing, however to some people they disagree (R. , Jill, 2012). Things people need to do to make themselves feel better is to learn to accept themselves for who they are and not what you expect yourself to be. Everyone does good and bad things. Stress and self esteem are handled differently by everyone. Building a high self esteem can take years to complete and when they face stress it doesn’t affect them as much as it does a person with low self esteem. By having high self esteem it makes dealing with situations easier. People with low self esteem seem to be shy, quiet, and self conscious about themselves and when they have high levels of stress they tend to keep to them self and cope with it on their own (R. , Jill, 2012). There are many different ways of coping with stress because everyone has it. Stress is a normal situation for people and everyone deals with it their own ways. Even though research says stress and self esteem have little to do with each other, there have not been a lot of studies to prove it. In conclusion, Stress and self esteem have little to do with how people deal with or perceive the levels of stress in their lives. It has more to do with other factors such as coping styles and self concept. The purpose of this correlation essay was to research that people with high self esteem see themselves to have lower levels of stress than those with low self esteem and people who have low self esteem perceive themselves to have high levels of stress than those with high self esteem (Eisenbarth, 2012). References Abel, M. H. (1996). Self-Esteem: Moderator of mediator between perceived stress and expectancy of success. Psychological Reports, 79, 635-641. Eisenbarth, Chris. (2012). Does Self-Esteem Moderate the Relations among Perceived Stress, Coping, and Depression? College Student Journal, 46, 149-157. Retrieved from http://www. nclive. org. Hall, Joanna. (2012). Outsmart Stress. Good Health, 72-74. Retrieved from http://www. nclive. org. R. , Jill. (2012) Stress and Self Esteem. Retrieved from http://www. ourstressfullives. com How to cite Stress and Self Esteem, Papers

Thursday, December 5, 2019

Collaborate with Your Competitors and Win free essay sample

Collaborate with your Competitors and Win Gary Hamel, Yves L. Doz, and C. K. Prahalad Summary This article discusses that collaboration between competitors can be a beneficial experience for all member companies. Three conditions are specified for creating a positive collaborative environment, first that the partners goals converge while their competitive goals diverge. If the two firms are working on similar technologies to support different core businesses, then there is a higher chance for successful collaboration and a lower chance for competitive disturbance. If, both companies are hasing a larger player in the industry, then both companies are motivated to work with each other to stand against the larger player. If both collaborators believe that they can learn key skills from the other collaborator without giving up too much proprietary information, then the chance of success for the Joint venture is higher. The article describes how an organization can prepare defences to protect against negative technology transfer to the other firm. The authors discuss how Western culture is prone to sharing while Eastern cultures are more closed. The ability for echnology transfer to occur differs based on the complexity and portability of an idea. If a firm has a better technology where its blueprint can be downloaded onto a disk and emailed to a competitor, then there is a high degree of risk for that firm. If one firms advantage is in its holistic process, then this is something that can be identified and studied but not easily replicated. The major findings are that the key to successful collaboration is in an organizations ability to learn. It must have the willingness to closely examine the functions of its partner and be able to circulate its earnings throughout its organization to maximize gain. In this analysis we will be discussing various types of collaborations, the reasons why competitors should collaborate and not collaborate. How to create defences for excessive passage of knowledge amongst competitors and principles of successful collaborations? Table of Contents 1 . The Meaning and types of Competitive Collaboration 2. Why Collaborate 3. General Argument 4. How to Build Secure Defenses 5. Winning through collaboration 6. Questions 7. References Collaboration with competitors Collaboration is a strategic coalition among two firms with the purpose of providing elling similar products and are each others competition come together to achieve a similar goal. Collaborating with your competitors with the right approach of give-and- take and without compromising each of the firms competitive position in the industry is highly successful. Sharing between companies is a clever strategy as long as there is clear understanding that the relationship is of give and take and both companies benefit equally without compromising their competitive position in the industry. A few examples of companies collaborating NUMMI (General Motors + Toyota) Sony Ericsson (Sony + Ericsson) Verizon Wireless (Verizon communications + Vodafone) XFL (NBC + World wrestling entertainment) Nokia Siemens Network (Nokia + Siemens AG) A few more JVC and Kenwood develop car audio and home audio products Siemens and Philips develop semi conductors Canon supplies photocopiers to Kodak There are four types of competitive collaborations 1 . Joint Ventures A Joint venture is an entity formed between two or more parties to undertake economic activity together. The parties agree to create a new entity by both contributing equity, and they then share in the revenues, expenses, and control of the enterprise. 2. Outsourcing Contracts Outsourcing is subcontracting a process, such as product design or manufacturing, to a third-party company. The decision to outsource is often made in the interest of lowering cost or making better use of time and energy costs. 3. Product Licensing business arrangement in which one company gives another company permission to manufacture its product for a specified payment 4. Strategic Alliance A strategic alliance is a cooperative strategy wherein allying firms pool their resources in order to pursue specific market opportunities The analysis of 1 5 mergers of three main types: four intra-European alliances, two European-Japanese alliances, and seven U. S. -Japanese alliances found that collaboration is often used by successful businesses. Alliances between Asian companies and Western rivals seem to work against the Western partner. Collaboration is competition in a different form. Companies have to enter collaborations knowing that competition still exists. They must have clear strategic objectives, and understand how their partners objectives will affect their success. Harmony is not the most important measure of success. Most winning alliances do not always have win-win circumstances. As competitive competencies expand, rewards of the partnership. Cooperation has limits. Organizations must protect against competitive compromise. Companies need to ensure that workers at all levels recognize what corporate information is off limits to the collaborator. Providing access to too much information can make one more open to losing market share to your collaborator. Learning from partners is paramount. Remember that Asian companies focus on learning, while Western companies want to demonstrate their superiority and leadership. This provides partners with knowledge that will benefit hem in the long-term. You cannot make a Western company want to learn. Western companies have certain arrogance after decades of leadership that detracts from their ability to learn. Why should one collaborate with competitors? . 1. In order to strengthen competitive advantages or core competencies A competitive advantage is an advantage gained over competitors by offering customers greater value, either through lower prices or by providing additional benefits and service that Justify similar, or possibly higher, prices. When two companies collaborate they become more equipped to face the big competitor in the arket by gaining access to a unique feature that was missing for them to cater to a huge or a bigger market. 2. Expand technological evolution at a reasonably low cost Creating a separate team to develop technology adds to a lot of cost, it makes more sense to utilize the technology that is already available in the market and customize it as per your needs. Collaborating with competitors gives easy access to the required technology and also a chance to the collaborator to learn from the other partners mistake. . Grow market access at a low cost Collaborators can gain easy access to arkets through their partners who already have access to desired consumers and markets. The collaborators can save money and time that they would have otherwise invested on research and development in order to access the same market and to create distribution networks. 4. Gain knowledge of partners business practices and strategies Easy access to the knowledge that the partner already possesses. Both parties can easily learn from each others mistakes, learn each others way of doing business and understand the approach they follow to earn maximum profits. 5. Develop standards through examination of the practices of the partner firm Risks of Competitors collaborating Competitive Collaboration can strengthen both companies against the competition outside however it has created uneasiness about the long-term outcomes. A companys competitive position may grow weaker as compared to the partner company through operations or strategic exposure. Unintentional competencies are transferred or compromised. * Dependence on the alliance firm often increases. * The employees start becoming local while working on the alliance firms territory. with industry leaders. This usually forces the partners to accept that they are mutually dependent upon each other. Long-term collaboration may be so important to both that neither will risk provoking the other. * Both partners need to consider that th ere is an equivalent chance for gain. * The alliance firms strategic goals meet while their competitive goals deviate. Each collaborator believes it can learn from the other and at the same time limit access to proprietary skills. Businesses may think that to collaborate with a competitor to steal their secrets and use them to their profit is deceitful. However, forming a strategic alliance is usually advantageous to companies, each sharing what they know and learning what they eed to know from the other company to achieve a goal that is not likely otherwise. Competitive partnerships can strengthen both companies against the other big competitors in the market. However at times it has activated unease about the long- term consequences. Western firms usually reveal a lack of strategic aim in collaborative efforts. Western firms primary goal is often cost reductions when entering into collaborative agreements. The strategic intent problem is amplified by the fact that Western firms generally place little or no emphasis on learning from the alliance partner. It is believed that Western firms often seek quick and easy fixes to organizational problems when they enter into a collaborative situation. Western firms often take on the teacher role in a collaborative situation and are quick to demonstrate and explain aspects of their business strategies and competitive advantage. The contribution of a Western firm in a collaboration effort is often in the form of technology and is relatively easy for the alliance firm to transfer. In many instances, Western firms are less skilled at limiting unintended competency transfer than their Japanese counterparts. How to ensure that a strategic alliance doesnt work against your company * Possibility of transfer is bigger when a partners input is easily transported, easily understood, and easily captivated. Limit unintended transfers at the operating level * Have a collaboration division * Control information flows to a partner * Limit the number of gateways * Dispute is to create a balance in a way that it become easier to allocate skills that will create benefit to the partnership and will also prevent an extensive transmit of core skills to the partner. Limit the scope of the formal agreement to cover only a ingle technology * Part of a product line rather than an entire line * Limit distribution toa few markets at a time * Make sure all participating/non-participating employees understand the objectives and risks of the alliance * Agreements must establish specific performance requirements Establish specific performance requirements with incremental, incentive-based Rewards for effective technology transfer. For example, an agreement between Motorola and Toshiba required Motorola to transfer microprocessor technology incrementally as Toshiba achieved specific semiconductor market share targets in Japan for Motorola. Restrict access to key facilities and Partnerships run smoothly when one partner is intent on learning and the other is intent on avoidance, or when one partner is willing to grow dependent on the other. Such sort of arrangement is similar to that of outsourcing, wherein a large company gives a smaller company the information necessary to develop a defined item for the parent company. Examples of this include Siemens buying computers from Fujitsu, or Apple buying laser printer engines from Canon. Japanese firms emerge from cooperation stronger than their Western counterpart because the focus on learning. NEC enters partnerships to learn about areas in which they lack competence. NEC is the only company in the world that is a leader in telecommunications, computers, and semiconductor markets. Western companies, by contrast, typically enter collaborations to ignore short term investment related to entering a new market or business. Western firms are least bothered about learning a new business or technology. Western firms seek a comfortable relationship, forgetting that the merger may not last. Japanese companies always see Joint ventures as a way to progress in areas where they are weak. Mergers fail when doubt and disagreement spoils the relationship. Japanese firms tend to collaborate for very dissimilar reasons than their Western counterparts. Western firms typically have a technology to transfer, whereas Asian companies most often have ability, like manufacturing expertise. There has been very little collaboration between Korean and Japanese companies, since both countries seek to improve their weaknesses without revealing much to the partner. A collaboration in which one side avoids investment and the other side seeks to learn work out the best. Asian companies protect proprietary nformation from being shared with a partner. Western firms hardly ever limit the extent of information to be passed to the partner due to lack of communications. Top management and lawyers put together cooperative agreements, but technology transfer takes place within the organization. Asian companies often supply manufacturing skill to a coalition, which tends to be a nontransferable ability. Manufacturing skills often result from a complex web of employee training, workforce involvement, mixing with suppliers, statistical process controls, value engineering and design for manufacture. Western firms tend to supply a distinct, separate technology that is more easily learned and mastered by Asian partner. Common aspects of successful collaborations * In order for a strategic alliance and collaboration to be successful is for both parties to be able to transfer something distinctive to the other party: basic research, product development skills, manufacturing capacity, access to distribution. * The strategies of the collated companies unite as their competitive goals depart. * In most winning collaborative situations the collaborated firms are relatively small ompared to the industry leaders. Every alliance partner is generally certain in its capability to intake knowledge from the other, while at the same time defending against competitive compromise. * Clear Strategic objectives and deep understanding of partners objectives. Successful collaborators enter alliances with clear strategic objectives and understand their partners objectives. * Harmony is not important measure for success. Occasional conflict may be the best evidence of successful collaboration. * Understand that co-opera tion has limits. Must defend against competitive ompromise, with on and off-limits knowledge clearly identified and monitored by all employees. * Learning from the partner is the objective (goal). Successful companies view each alliance as a window into their partners broad capabilities and build skills in areas outside the formal agreement diffuse this knowledge into their own company. Questions * What advantages do competitors get when they collaborate? * In what scenarios strategic alliance can work against a partner? And how can it be prevented? * What are the 4 key factors of a successful collaboration of competitors? References