Crocs Competencies

1. What are Crocs core competences * First of all, the most important competence of Crocs is its highly responsive supply chain. Much of the supply chain’s design idea comes from the initiate product’s technological peculiarity – rubber (croslite) shoe. Comparing to regular shoes these ones were made by injection molding, which allows fast and relatively cheap production. To use such an advantage for increasing the company’s competitiveness, the whole supply hain should be designed accordingly. * Second competence is the ability to delay the decision. As all the shoes are mad from the same homogeneous mixture of ingredients, â€Å"compound† that can be dyed at any stage before the production, that feature allowed to apply the â€Å"delayed decision†. By that Crocs could make the decision about the final product’s colors at the late stage, reflecting to the market’s response, therefore reducing the risk of bad estimation and overstocks as a result. * In-house operation By moving most of its operation from third parties to in-house Crocs achieved the control over all the activities involved to production and distribution, assuring that the whole supply chain has the same vector of interests. With in-house all the processes becomes transparent so the lags, delays and problems can be noticed and solved in order to optimize the speed of the whole chain’s respond to the demand changes. * The Global presence. Pushing the brand to all the global markets same time and shortly after the local success, the company not only achieved the status of the â€Å"original† rubber shoe brand and the advantage of the economy on scale, and tax optimization; but also to gained the ability to leverage on the global seasonality. Such factor allows the company to reduce to minimum the risks of bad estimation of the future demand. If the product is successful on south market, Crocs would produce more for same season at Northern market. If not successful and overproduced at South – same goods can be sent to North to clear the stock. The above mentioned four core competences provide Crocs a critical competitive advantage at the market.

Nommo and the Bible

Nommo and the Bible A Comparison and Contrast of the Character Names in The Poisonwood Bible Barbara Kingslover writes a book entitled, The Poisonwood Bible that explore the effects one culture has on another. The four daughters; Rachel, Leah, Adah, and Ruth May, at birth are given names suitable and fitting to their personalities, as well as new Kikongo names which describe the girls’ attitudes towards the people in the Congo. A principal of the Congolese belief system, suggests that the girls have grown into their names, causing their specific type of people interaction.The eldest daughter of the four is Rachel Price. In the Bible, the person named Rachel is described as more beautiful than her sister Leah (Genesis Ch. 29-35). In the Poisonwood Bible, Rachel Price is the most appealing than the other three siblings. Rachel’s Kikongo name is Mvula, which refers to a pale white termite that only comes out after it rains. Back home, Rachel was beautiful and her pale skin was desirable. Now, Tata Ndu (chief of the village) wanted to marry Rachel because her skin is ugly to the Congolese women causing his wives to feel better about themselves.Rachel Price did not want to be around the Congolese people, and stayed inside her house snuggled up with her own vanity. Leah and Adah Price are twins and the middle children of the family in the Poisonwood Bible. Leah, in the Bible, was tricked into marrying the man Rachel loved by their evil father (Genesis 29: 21-28). In both instances, Rachel and Leah were deceived by their father causing them to become unable of having a true sisterly bond with one another. In Kikongo, Leah is called Leba, meaning â€Å"fig tree† (148). The Congolese do Leah a favor by not calling her Leah, because the Kikongo translation for Leah means â€Å"nothing much† (148).Anatole has special names for all the girls and he calls Leah â€Å"beene-beene† which means â€Å"the truest truth† (396). It is clear he has respect for Leah. â€Å"Benduka† is Adah Price’s Kikongo name; it means â€Å"crooked walker†. Adah Price was born with the use of only one side of her body causing a perpetual limp. In the Bible, Adah is a minor character that could be the wife of two men (Genesis 4:19). In the book, Adah goes back in forth between her two â€Å"men† or beliefs; she either believes in science, or God. Adah is also overlooked when the fire ants attacked their village; her own mother felt her behind (306).Orleanna did not favor Adah, causing her to be a â€Å"minor† member in the family. The youngest and most innocent of the Price children is Ruth May. She is given the name of Bandu in the kikongo language, meaning â€Å"the reason for everything† and â€Å"the littlest one on the bottom. † Orleanna (the mother) values Ruth May the most of her four children. All of Orleanna’s narratives are meant for Ruth May. In the Bible, Ruth is a cha racter who helped soldiers when they needed it, she was a friend. The translation of the word Ruth in Hebrew means â€Å"companion† (â€Å"Origin and Meaning of Baby Names†).The word ruth in English, mean grief; for Orleanna, she felt much grief when Ruth May died. An entire book of the Bible describes Ruth, and an entire character dedicates what she says to Ruth May. The Kikongo word â€Å"nommo† is â€Å"the force that makes things live as what they are† (209); it is â€Å"a song, a poem, a scream, a prayer, a name†(210). It refers to the belief that naming something gives it its nature – a man is a man because that is what he is named, whereas a rabbit is not a man because that is not what he is named. Nommo says you do not have a life until you are named; your name makes you who you are.Would Rachel Price be less vain and beautiful if her name were not Rachel Rebekkah? Nommo says, yes, she would be a different person. Kingslover’s approach to identifying the characters in The Poisonwood Bible, maintains the focus on who each person is and who they are meant to be. The names give us hints as to what each person’s personality will be. Also, the names can allude to biblical references that help define what the character’s relationships with others are. Nommo and their birth names combined adequately describe each girl and their actions.

Business Law for Unconscionability

Unconscionability is a legal protection against the enforcement of a contract that is unfair to one party. If the contract is unfair that is shows an abuse during its formation, the jury may find it unconscionable and decline to employ it. In most occasions when a court finds an agreement to be unconscionable, they declare the contact as annulled. No issuance of specific performance or pensations is awarded, but in its place, the parties will be relieved from their contract responsibilities (Mccullough, 2016). Other than that, the reason why it may mean that a contract is enforceable under the law is because such contracts favor only the dominant party, thus, making it unfair to the weaker party. The leading cases of unconscionable conduct are in transactions between stronger and weaker parties. It is therefore partly related to duress and unwarranted influence. It is mon where a superior party manipulates the weaker party with special disabilities such as old age, lack of education, illiteracy and much more. The transaction is also oppressive and harsh to the weaker partner. Its is also mon in business contracts where there are provisions that limit damages against the seller, prevents the rights of the buyer to seek court help against the seller, among others (Mccullough, 2016). Additionally, it is also found in acts of deceit and fraud. It is whereby one party deliberately misrepresents a fact that deprives an individual of an expensive possession. The main reason why such laws exist in the business world is because it is used to limit the dominant parties from fraudulently manipulating the weaker parties in business contracts. It is meant to reduce exploitation of the consumers who are poorly educated, less fortunate, and cannot be able to get the best price available in the petitive trade (Mccullough, 2016). On the other hand, it prevents the undue influence, whereby one party practice unreasonable authority to make the other party sign the contract. Additionally, it used in business to prevent the use of threat to make other parties agree to the contract. Furthermore, it prevents the dominant party from limiting their liabilities to breach of contract. There are various characteristics of the unequal bargain that must or might demonstrate unconscionability. These characteristics may include duress, undue influence, unfair surprise, limited warranty, and unequal bargaining power. To start with, duress is a situation where one party uses threats so that to make the other party agree to the contract terms and conditions. It can be physical or any other form of threat. For example, the seller may refuse to release the goods rightfully until the other parties append his signature on the contract. Additionally, undue influence is a situation whereby one party practices irrational pressure to make the other party signs the contract. This happens under circumstances where one party takes advantage of the other party in one way or the other. Moreover, unfair surprise takes place when the party who developed the contract inserts a term in the agreement without the awareness and anticipation of the other party (Marrow & Penn, 2013). Furthermo re, limiting warranty is a situation in which one party tries to minimize their liability for damages that may be as a result of his actions. Lastly, unequal bargaining power happens where one party has an unfair advantage over the other (Landrum, 2014). It occurs when the dominant party obviously knows that the other party lacks the knowledge of what the contract entails. A good example of these characteristics is when a business broker requires a customer to sign an agreement, but within the accord, he inserts a difficult term to understand. The broker writessuch terms using tiny fonts and placed the phrase in a manner that will mislead the customer to sign in the unwarranted term. The legislation that supports the principle that a contract may be so unfair that it is unenforceable is section 2-302 of the Uniform mercial Code. Under this Act, if the jury finds that any section of the contract could have been unconscionable at its time of formation, the court may refuse to put into effect the agreement (Landrum, 2014). Additionally, the court may also implement the remainder part with no unconscionable section, or it may stop the application of any section that is unconscionable so that to avoid an unconscionable ou e. Moreover, when it appears to the court that any of the sections of the contract or if the contract is unconscionable the parties shall be awarded a sensible chance to present evidence as to its business situation, reason and effect to help the jury in deciding the case. The doctrine of unconscionability got formed when it was realized that some contracts would be injurious to one party, despite the available limiting public policies, that the court should be able to practice some manner of discretion (Landrum, S 2014). The judge, in such cases, is permitted to interpret the situation and to introduce her own understanding of what is to be treated as unconscionable or conscionable within her jurisdiction under the court of law . Courts concentrate on the size and the setting of the business transaction to see whether the deceptive or authoritarian tactics were applied. It also examines if there was the use of fine print in the contract, for example, if the contents of the contract were readable to all parties. Additionally, the court also scrutinizes to know the familiarity and education of the party that claims for unconscionability (Landrum, 2014). Further, examines the situation to know whether there was a disparity in the bargaining power. However, for the court to decide on the case, it first analyzes whether there were actual conditions of the contract that unreasonably favors the party to whom unconscionability is r mended. Being that the courts have been reluctant in addressing the issues concerning the unfair or unequal business between the bank and the consumer has really favored the banks and other larger institutions. In most cases courts have ruled cases in favor of the bank because of the contract term and conditions. Where the courts have looked entirely at the written document to determine the rights of each party, the creditor, which is the bank, prevails. In many cases contract laws have failed to provide debtors with enough remedies against the tortuous conduct of creditors (Winter, 2008). However, the real importance of debtors win lies in the recognition of some courts, for example, the Australian Part 2B of the Victorian Fair Trade Act 1999 that has tried to hold the banking industry to high values of good faith and conduct. In 2003 Australian government introduced a new Section 2B of Victorian Fair Trade Act 1999 and made it a law . This provision of Part 2B of nullifies any term in a customer contract that is not fair. In banks, if a contract condition or term that imposes a cheque is unfair according to Part 2B of the Fair Trading Act, it will be nullified, which is fairly different from whether it is unenforceable or not as a fine under the law (Winter, 2008). Section 32W of the Fair Trade Act shows that in a consumer contract a phrase can get observed as unfair if, â€Å"contrary to the requirements of good faith and in all the circumstances, it causes a significant imbalance in the parties’ rights and obligations emerging under the contract to the detriment of the consumer† (Consumer Action, 2013) Moreover, article 32X also presents directions as to whether a condition or a term may get considered unfair. Therefore, it can be said that Part 2B renders dishonor charges unenforceable by financing institutions against customers. Banking sectors are still entitled to recover defaulter's cost, but they are not entitled to use penalty fees when recovering the cost they have incurred due to customers who have defaulted. Under Part 2B of the Victoria Fair Trading Act, penalty fees might be annulled as unfair (Cornell, 2016).   Because banks are not disclosing the accurate cost of the customer defaults, it will remain difficult for both the regulatory authorities and customers to conclusively or accurately make an assessment of whether dishonor fees are penalties or liquidated damages. However, given the plexities that an individual customer may face, especial the low-i e consumers, in trying to stop penalty fees charged on their accounts by banks, it is, therefore, vital that the re gulatory authority take charge. The regulatory authorities should imperatively take steps in safeguarding the customers and stop the financing institutions from stressing their customers by charging lawfully unenforceable fines. From the readings I have had, I found the case between Centerre Bank of Kansas City v. Distributors, Inc. to be an interesting one with regard to unfair agreements and the attitude of the courts when making a decision on the enforceability of a contract. The debtors bought a business after they had been promised by the bank that it would continue with the pany’s line of credit. The debtors were told by the bank's credit officer that the bank will only continue with the credit line if they will personally guarantee the loan. However, the loan officer failed to disclose to them that the bank considered the loan at a risk, and was, therefore, arranging to demand full payment of all the money that previously had been disbursed. Depending on the assurance from the loan officer, debtors bought the business and submitted their personal guarantees to the bank. After three days, the bank continued with its arrangement of demanding full payment of the credit. The debtors surrendered the ir business assets to the bank because of failing to find another financing. After the bank liquidated the business assets, they realized was less and decided to sue debtors in which they collected further $400,000 on the guarantees that debtors provided (Rich, 2004). The debtors decided to countersue the bank by challenging that the bank fraudulently made a misrepresentation. The also claimed that the bank breached the agreement of good faith and fair dealing. After jury ruling in favor of the debtors, the bank forwarded an appeal. The court of appeal held that the written contract was an integrated agreement. The court found that the written contract gave the bank privileges to demand payment at any time and that the bank auction was acceptable (Rich, 2004). The court also noted that the relationship between the debtors and the bank was based on borrowing and lending and that debtors were not owed a fiduciary obligation to the bank. Additionally, the failure of the bank to disclose its plans concerning the loan did not make it fraudulent. Consequently, the court stated that the conduct of the bank was fair and in good faith. The role of the consumer advocate groups regarding unfair agreement are: (1) to support the vulnerable Victorian customers who are facing financial difficulty. (2) Promoting the financial counseling sector by using its casework, law reform, and advocacy, to take up and uphold best practice. (3) working with the government, utilities, debt collection, banks and other stakeholders to improve approaches to financial problems for defenseless customers (Consumer Action. 2013). My research showed that there are other similar groups to Financial and Consumer Rights Council (FCRC) – Victoria. Some of such groups may include: On the other hand, one of the issues in Australia that demonstrated the characteristics of unconscionable by a vendor who supplied vacuum cleaners to various ladies who were over 80 years of age. The case was ACCC v Lux Distributors Pty Ltd in 2013 (Jade.io. 2013). Australia petition and Consumer mission won the case against Lux Distributors. Consumer Action.(2013). Australian Consumer Organisations - Consumer Action. [online] Available at: https://consumeraction.org.au/help-for-consumers/who-else-can-help/australian-consumer-organisations/ Cornell, N 2016, 'A plainant-Oriented Approach to UnconscionabilityAnd Contract Law', University Of Pennsylvania Law Review, 164, 5, pp. 1131-1175, Jade.io. (2013).BarNet Jade - Find recent Australian legal decisions, judgments, case summaries for legal professionals (Judgments And Decisions Enhanced). [online] Available at: https://jade.io/article/300107 [Accessed 23 May 2017]. Landrum, S 2014, 'Much ado about nothing?: What the Numbers Tell us about how State Courts Apply the Unconscionability Doctrine to Arbitration Agreements', Marquette Law Review, 97, 3, pp. 751-812, Academic Search Premier, EBSCOhost, viewed 23 May 2017. Marrow, P, & Penn, C 2013, 'The "Circle Of Assent" Doctrine and the Mandatory Pre-Dispute Arbitration Clause: When The Unconscionable Contract Analysis Just Won't Do', Dispute Resolution Journal, 68, 3, pp. 1-28, Mccullough, C 2016, 'UnconscionabilityAs A Coherent Legal Concept', University Of Pennsylvania Law Review, 164, 3, pp. 779-825, Academic Search Premier, EBSCOhost, viewed 23 May 2017. Rich, N. (2004). Unfair fees: A report into penalty fees charged by Australian banks. Winter, CS 2008, 'The Rap on Clickwrap: How Procedural Unconscionability is Threatening the E merce Marketplace', Widener Law Journal, 18, 1, pp. 249-292.

Strategic Management of HR Essay Example | Topics and Well Written Essays - 1750 words

Strategic Management of HR - Essay Example This paper will present a short report on this company from theoretical perspectives on SHRM while focusing on external factors based on information available in the company’s website and other literature sources before identifying some key challenges and proposing recommendations to tackle those challenges along with concluding opinions. 2. The Walt Disney Company: As per their website, the Walt Disney Company and its subsidiaries group is a world leading international family entertainment and media enterprise with five business segments: media networks, parks and resorts, studio entertainment, consumer products and interactive media. Disney’s vision statement is ‘To make people happy’ (Plenert 2002; 77), and this they wish to accomplish through their mission, which states, ‘To be one of the world's leading producers and providers of entertainment and information. Using our portfolio of brands to differentiate our content, services and consumer produ cts, we seek to develop the most creative, innovative and profitable entertainment experiences and related products in the world,’ (Erling, 23). ... hile strategic management models strive to address company’s internal and external factors, the external factors stand out even before starting a business and also throughout the life cycle of the business. 3.1 Life cycle model: Considering the life cycle model, put forth by Sisson and Storey (2000 cited Marchington & Wilkinson, 2005), Disney can be categorized in the maturity phase after its rapid growth into locations worldwide during last decade; its standardized policies and procedures have been translated to suit the local needs and obligations. Although Disney continues to acquire and grow, its growth strategies seem to be in saturated markets, considering the evolution of advanced technology and systems, favourable economic conditions and regulations, which in turn are only sufficient to sustain its business. The recent acquisition of Lucasfilm and all of its franchisees, which has not only added greater value to Disney’s brand but also increased its share value in the US market (Cieply, 2012) also indicates that the company still continues to grow and expand while maintaining its standardized policies. The life-cycle perspective shows Disney fluctuating between growth and maturity phases. Resistance to change, adaptability of old strategies to new conditions and employee motivation and commitment are common issues that need to be addressed. 3.2 Harvard model: Gaining an understanding of the external factors is crucial for strategic decisions that can eventually spell the success, or performance of the organisation. The Harvard strategic management model, proposed by Beer and his associates (1984, cited Marchington & Wilkinson, 2005) identifies two critical factors that influence management, namely, situational and stakeholders’ interests, with the former

Critical Communication Event on the Internet Essay

Critical Communication Event on the Internet - Essay Example The responsibility of the press to relay messages in such incidences was seen to come out very clearly. The public seemed to be very aware of the happenings at that particular time. The media did not assume its role in concealing information but portrayed the information to the mass just as the events unfold. The issue of size policy in relation to the Southwest Airlines came out clearly. With the news, the customers were much enlightened on who they would be dealing with the next time they use the Southwest airlines. With the freedom of the press, many journalists attempted to conduct interview with Emery Orto to have a clear understanding on the views regarding to the issue. From the journalists’, judgment on various online articles, Orto seemed to have an irrational attitude and his communication with the authorities was not at all pleasant. Not only was it his size barred him from flying but his rude approach on the authorities. With the freedom of the press, each and every person is given an opportunity to air their views, in our case study, the huge person, Orto, and the refusal to board on the plane by the Southwest Airlines

Charismatic behavior leadership Essay Example | Topics and Well Written Essays - 500 words

Charismatic behavior leadership - Essay Example In regard to communication, charismatic leaders need more than just the distribution of information in order to communicate effectively. Therefore, to be effective, emotional appeals in their rhetoric are often incorporated, this includes use of symbols, metaphoric and dramatic language hence lending credibility to communication. Moreover, when charismatics communicate with inspiration, passion, motivation and emotion, followers are expected to attribute charisma. Additionally, charismatic leaders are renowned for passionate exciting public oratory thus, making the audience full of excitement. Therefore, the charismatic behaviours in this context lead to a self-serving style, since this leaders seek to appeal themselves to the people (Levay, 2010). Moreover, founding a trust connection with followers is so vital for charismatic leaders. Further integrity is created by signifying consistency and honesty among said personal actions and actions. In order to constantly adhere to a morals base, values and needs of followers must be understood by charismatic leaders. Therefore, by trying to gain trust, the charismatic leaders are trying to lead a self-serving style where their main aim is to create a positive impression of themselves, among those that they lead. However, followers do not regard charisma to be founded on visions, but they regard visionary attributes of charisma to be existing in a leader who customizes the vision with persistent resolve. Thus, it is the follower’s internalization on visions that direct them to regard charisma to a leader (Conger, Kanungo, & Menon, 2000). There are two types of charismatic leaders, the positive charismatic leaders and the negative charismatic leaders. The personality and values of a charismatic leader will provide evidence on whether a leader is viewed negatively or

Is the US Congress too powerful Essay Example | Topics and Well Written Essays - 2500 words

Is the US Congress too powerful - Essay Example In evaluating whether the Congress is "too powerful", it is necessary to consider what it actually does. Congress makes laws, and within the United States this "law-making" role has in fact been made difficult rather than easy. In the United States of America laws are difficult to pass for a number of reasons and in a number of ways. American law is based upon a mixture of English and French law, and the Constitution was designed to produce three co-equal branches of government that would provide checks and balances on one another (Friedman, 1998) . These checks and balances are designed to make laws difficult to pass for a good reason: it stops any one individual, political party or branch of government dominating too much. A weak government makes for a strong people. The co-equal branches of government are designed to make laws difficult to pass. However, in a well-organized administration in which the President has a good relationship with Congress laws can be passed quite quickly and easily. But even when one particular Party has control of the Legislative and Executive branches: the House, the Senate and the Presidency, it can still be difficult to pass laws. This is shown by the difficulties that President Clinton had in 1992-1994 and President Bush has had for much his Presidency. The making of an Ameri... This stops what has been called "the tyranny of the majority" (Brennan, 1996). The President can also veto a bill if it does not have the support of 2/3 of both the House and Senate in order to override the bill. However, pressure put on individual members by key positions such as the Speaker of the House or the Leader of the Senate may moderate the effects of this individual power. Members of each party tend to vote with their party. The process of moving from a Member/Senator's idea through to Bill and on to Law is deliberately set in a complex way. The Bill may be stopped at a number of hurdles, and indeed, the vast majority of Bills never make it to be laws (Sabato, 2006) Overall, a Bill may be introduced by a member of the House or Senate. It is then distributed to each member of the House. The Speaker of the House can then give it to a Committee which will recommend that it be released with a recommendation for passing, release with revision or be set aside entirely and not considered at all. Bills introduced by the majority party tend to be taken more seriously than those form the minority. The majority of Bills that have the support of the major powers in Congress (House, Senate, Presidency) do make it to be laws - the other bills are often never intended to become laws by the Members/Senators that introduce them. In fact they are for discussion or to score political points. The relationship between the House and Senate is designed to produce either compromise or to stop Bills making it to be a law. Bills that pass the House need to be introduced into the Senate, and there they may be adapted or changed to be something completely different in "conference committees" (Wilson, 2005).