Spousal Consent

Provisions of the Florida Therapeutic Abortion Act, which required a married woman to obtain the husband’s consent before abortion, were found to be unconstitutional. The state’s interest was found not to be sufficiently compelling to limit a woman’s right to abortion. The husband’s interest in the baby was held to be insufficient to force his wife to face the mental and physical risks of pregnancy and childbirth.43 In Doe v. Zimmerman (1975),44 the court declared unconstitutional the provisions of the Pennsylvania Abortion Control Act, which required that the written consent of the husband of a married woman be secured before performing an abortion. The court found that these provisions impermissibly permitted the husband to withhold his consent either because of his interest in the potential life of the fetus or for capricious reasons. The natural father of an unborn fetus in Doe v. Smith (1988)45 was not entitled to an injunction to prevent the mother from submitting to an abortion. Although the father’s interest in the fetus was legitimate, it did not outweigh the mother’s constitutionally protected right to an abortion, particularly in light of evidence that the mother and father had never married. In the 1992 decision of Planned Parenthood v. Casey, the Supreme Court ruled that spousal consent would be an undue burden on the woman.

Incompetent Persons’ Consent

Abortion was found to be proper by a family court in In re Doe (1987)46 for a profoundly retarded woman. She had become pregnant during her residence in a group home as a result of a sexual attack by an unknown person. The record had supported a finding that if the woman had been able to do so she would have requested the abortion. The court properly chose welfare agencies and the woman’s guardian ad litem (a guardian appointed to prosecute or defend a suit on behalf of a party incapacitated by infancy, mental incompetence, etc.) as the surrogate decision makers.

The Court Was Appalled, Tomcik v. Ohio Dep’t of Rehabilitation and Correction.

In 500 words explain the following

1. Do you agree with the court’s decision? Discuss your answer

2. Discuss why the court was appalled

3. What ethical values were lacking by the caregivers?

What is strategic planning? Is strategic planning an effective or ineffective tool for

organizations? What are the specific elements that make for an effective strategic planning

process in organizations?

Within the framework of the Five-Forces Model of Competition, describe the competitive force of buyer bargaining power. What are some of the factors that influence the degree of buyer bargaining leverage? What competitive conditions would give buyers the maximum bargaining power in an industry?

If you learn a foreign language, you can improve your compensation at work. Given you are not good at learning languages, you estimate today you would need to spend $5,000 to learn a language. You then believe you can earn $3,000 more per year for the next 3 years starting a year from today before you move onto a new job. However, you will also pay back $2,000 to the company exactly 3 years from today since some of your clients will leave with you. Your discount rate is 6% APR.

1. what is the NPV of learning a new language?

2. What is the IRR?

3. What is the MIRR if you use the discount rate as the reinvestment rate?

42. Which of the following is true with respect to a corporate officer?

1. he or she must also be a director.
2. he or she must also be a shareholder.
3. none of the choices are correct.

43. Which of the following is required of an enforceable written contract?

1. It can be any writing provided it includes all terms and conditions.
2. It must be signed by witnesses.
3. None of the alternatives are correct.

17. The decision to incorporate a corporation in Delaware is based on which of the following?

A. no state taxation of out of state corporations.

B. privacy considerations.

C. all the alternatives.

18. Emily, who works in a nursing home, collects rare 20^th century specialty jewelry. One of the nursing home residents has a jewelry box full of such jewelry. Emily googles the jewelry and discovers a site that lists equivalent jewelry as being worth $12,000. Emily offers the resident $12,000 for the jewelry. The resident accepts the offer. Which of the following is true?

A. The contract is enforceable assuming Emily takes good care of the resident.

B. The contract may be voidable.

C. The contract between Emily and the resident is enforceable because there is bargained for consideration.

When designing a valid gain-sharing plan, which is NOT an element to consider ?

A consumer driven healthcare is also known as a "Low Deductible Plan"

_______________ is the most frequently used medium for communicating employee benefits

The legislation requiring individuals to maintain minimal essential health insurance coverage or pay a penalty unless exempted is

In the Brito vs. Zia Company, the main issue revolved around Zia not developing a legitimate performance evaluation criteria for its employees

A _________ plan requires the division of a task into simple actions and determination of the time required by an average skilled worker to complete each action

History and background of Walmart, sales and profit growth, corporate mission, and key financial data from the retailer’s annual report and balance sheet.

Introduction

By focusing on the needs of consumers, an organization creates a business that can outperform its competitors. Being closer to consumers and providing exactly what they want is known as market orientation. A market orientated business carries out research to find the needs and wants of consumers. It then uses the findings to design products and marketing strategies to satisfy these needs. This compares to product orientation which focuses first on developing a product and then seeks ways to persuade the consumer to buy it.

This case study describes how JD (part of the JD Sports Fashion PLC Group of companies), a large and well-known retailer, manages the balance of its marketing mix around its consumers’ needs in order to achieve business growth. The marketing mix is often termed the 4Ps. It is a useful way of looking at how organizations reach their consumers. For example, businesses need to create a mix that involves:

• the right products

• sold in the right place

• at the right price

• using the most suitable forms of promotion.

Founded in 1981 in Mossley, in Manchester, with a single shop, JD today is a well-recognised brand. With 335 stores JD is the UK’s leading retailer of fashionable sports and casual wear. For 20 years JD expanded through organic growth. It opened up stores in new locations to grow its customer base and increase revenues. It traded on the rising trend, particularly amongst young people, of wearing sportswear in everyday life.

In addition to organic growth, The JD Sports Fashion Group has also expanded in recent years by acquisition and now has a number of businesses in its portfolio. It has increased its JD store base through the acquisition of First Sport and All: sports as well as acquiring Scotts (premium branded menswear) and Bank (young male and female branded fashion) in the UK. The Group also made international acquisitions including the French sports fashion retailer Chausport and Champion Sports in Ireland. The JD Sports Fashion Group has also acquired brands such as The Duffer of St George, Nicholas Deakins, Canterbury of New Zealand, Kooga, Kukri and also the fashion brands Chilli Pepper, Nanny State, and Sonneti. Brands such as Mckenzie, Brookhaven, Carbrini and Pure are exclusive brands that are only available at JD stores. With over 500 stores in the UK, Ireland, and France, the JD Sports Fashion Group has a reputation for stocking the most exclusive and stylish lifestyle products.

As a B2C (business to consumer) organization, the performance of the JD fascia depends on how desirable its brands are to consumers. By providing exactly what the consumers want JD can outperform its competitors. It also helps it to remain buoyant in a challenging business environment. JD has continued to grow despite the fact that levels of unemployment are increasing and many consumers now have reduced disposable income. The demand for non-essential goods, such as branded clothing, would normally decrease as incomes fall.

Product

The ‘product’ is concerned with the function and features offered by a good or service. The product also encompasses factors such as quality, design, after-sales service and branding. JD sells lifestyle products. These are sportswear ranges worn in everyday life. JD targets different groups of consumers who desire trainers and sports fashion as casual day wear. Many of the products that it sells are from the global ‘power brands’. These are long established, popular brands such as Nike and Adidas. These brands appeal to large groups of consumers and are easily recognized by JD customers. They are backed by large marketing budgets which help to boost sales and sustain demand by consumers. Usually, it is manufacturers who decide what products to produce and retailers have no say in this. However, JD is different. The company has so much buying power and knowledge of the market that manufacturers are happy to take its ideas. These are then used to produce exclusive products for JD. For example, the Adidas Forest Hills and Adidas Training PT footwear ranges were developed exclusively for the JD Group and cannot be found in any other retailer. JD works with suppliers across the world to develop and deliver own-brand products. Prior to any orders being placed, all new suppliers must complete the Group’s risk assessment form to ensure that their activities are in line with the Ethical Trade Initiative Base Code. This code covers areas such as health and safety, working hours, wages, fire procedures and maternity pay provisions. This ensures that the people employed to make JD’s own brand products have good working conditions and that product are sourced ethically. Other social and environmental factors are also taken into account. For example, last year 423.3 tonnes of cardboard, used in packaging, was returned to the Group’s distribution center for recycling.

Price

The price charged for a product will depend on a number of factors: the cost to make it, the level of profit required, competitor prices and the price consumers are willing to pay. The demand for necessities, such as bread and fuel, is unlikely to change much as prices fluctuate. The demand for sportswear and casual clothing, however, is more likely to be price sensitive. Getting the price right is a key part of an organization’s marketing strategy. This is because it is the price that directly generates income, allows debts to be paid, re-investment to occur in the business infrastructure and profits to be made. Businesses need to ensure that the price charged is perceived by consumers as value for money in relation to the quality of goods and services.

There are different pricing strategies which can be adapted to generate demand:

• Market penetration – introducing a new product at a lower price to help gain market share.

• Competitive pricing – often used for well-known products or brands that are in high demand. Prices are similar to competitors. To be competitive, JD must ensure it doesn’t charge higher prices for the same goods (or similar) than other sports and fashion retailers.

• Strategic pricing – This might be used to position an exclusive product or brand to make it more desirable for consumers and generate demand or demonstrate value. By buying in large volumes, the company’s unit costs are lower. For example, discounts achieved by bulk purchases of trainers means the cost for each pair is lower than that paid by smaller retailers. This ensures JD remains competitive.

Place

The place element of the marketing mix involves making products available to the customer in the most convenient way. JD operates in:

• the high street

• out of town locations

• shopping centers

• e-commerce.

JD wants to make the shopping experience distinctive from that of its rivals. It does this by innovative displays and creative imagery to make the store experience fun and exciting. For example, the JD store in Cardiff won a UK Retail Interior of the Year award for its design and ambiance. This included a giant table-football fixture and light-boxes to display trainers.

The JD Property Committee meets regularly to look at the performance of all stores and consider new locations. This includes analyzing sales performance and forecasting sales. This type of data helps JD to assess where its outlets are giving the best return on investment. The right location can maximize sales, limit costs and therefore maximize profits. There is a range of factors that influence the choice of new store locations.

In addition to traditional forms of shopping, JD has also invested in e-commerce. JD recognizes that with the increasing use of online shopping, consumers now expect very high standards of service and functionality from a web ordering site. In order to reach consumers in the best possible way, the company’s web designers constantly aim to improve the functionality of the site. It is now possible for consumers to buy products directly from the website.

In a mystery shopper survey of 49 major UK e-commerce sites in 2010, JD was the top all-round performer. It scored well for:

• quality of its customer service - particularly its clear delivery and returns information

• its checkout process - which is simple and easy to use

• its product pages - with photography that provides consumers with the most helpful views of products before they buy.

Promotion

The purpose of promotion is to create awareness in consumers or generate interest and desire to buy products. Promotion can also be used to create or change a brand image and maintain market share. JD wants to position itself away from competitors to give it a competitive advantage. This means that high profile manufacturers and brands will prefer to release their products to JD rather than its competitors as they are likely to sell more products and protect the brand’s positioning.

JD promotional activity uses a mix of above-the-line and below-the-line promotions. Its above-the-line activities include:

• paid-for advertising in newspapers and magazines. JD advertises in high circulation titles, such as the men’s lifestyle magazine FHM and the music magazine NME

• product placements in a range of publications are used to promote the different brands

• TV and radio advertising. Radio advertising, in particular, allows JD to target its key 13-20-year-old audience quickly and in a way that young people find relevant.

Although these types of media reach a wide audience, they can be costly. It is also difficult to measure response rates. JD also makes significant use of other forms of paid-for advertising. Described by JD as ‘ambient marketing’, this uses outdoor advertising such as poster sites and t-sides on public transport and around key stores in areas of high footfall. JD positions itself alongside professional football clubs such as Blackpool FC and has made kit deals under the Carbrini brand, supplying kits for the field of play and training wear. The company also advertises on television backdrops, in club shops, and around the grounds. This approach helps to target the young, largely male audience which is typical of its customer profile. It also establishes the brand within local communities.

Below-the-line promotions offer opportunities to communicate directly with consumers. For example:

• E-mail helps JD to regularly contact its database of consumers with promotions and product information. Magazines and leaflets present product and lifestyle content.

• Sales incentives, promotions, and competitions with celebrities generate excitement and interest in the brand. This reinforces its youthful appeal. For example, JD partnered with Adidas to provide VIP tickets for an exclusive N-Dubz event at the O2 Arena for JD.

• Sponsorship and product endorsement by celebrities and music artists are used to highlight new ranges and products. For example, Tinchy Stryder promoted the Star in the Hood clothing range and The View promoted The Duffer of St George range in a press campaign.

• A JD partnership with the Manchester Evening News Arena not only puts the brand in the arena itself but also enables the company to feature competitions and offer prizes to capture potential custom.

• JD also uses impactful photography and high-quality point-of-sale materials in stores and window displays to attract consumers and increase footfall.

The growth of social media such as Facebook and Twitter also enables the company to use consumer recommendations as part of its promotional activities. It is estimated that every person viewing a page may pass on information to another 150 people.

Conclusion

JD’s marketing mix has created a unique position for the brand within the mind of its consumers whilst remaining true to its corporate values. The company focuses on stocking the products its consumers want, as well as offering distinctive or exclusive ranges that can only be bought at JD. This, combined with its choice of strategies for placing and positioning the brand, has resulted in significant growth for the business. By uniquely understanding and valuing consumers, JD continues to grow within a difficult economic and competitive market. By constantly adapting and changing its marketing mix through a focus on consumers, it has effectively managed to stay ahead of the competition.

Question: 1 what are some of the key developments and decisions regarding the ‘place’ element of the marketing mix impacting businesses today? (25 mks)

Scenario

XYZ Corporation owns a landfill that was acquired in the purchase of a small waste management company 30 years ago. During routine testing of the soil surrounding the landfill a technician of the company discovered that the soil on the west side of the landfill showed evidence of heavy metals which may be carcinogenic (cause cancer) to humans and animals. If the source of the contamination is not located and contained, the chemicals might enter the public water supply by draining into the local reservoir. The cost of cleaning up the chemical contamination could be very large. The Vice President of the company in charge of the landfill has been given the test results. When he informed the CEO of the situation he was told to ignore the results and continue operating the landfill. The Vice President is trying to determine his course of action.

Pick one of the Theories of Ethics and answer the following questions:

1. Who are the potential stakeholders who may or may not be affected by the above situation?

2. What actions if any should the Vice president take or not take?

3. Explain your answers.

4. Would your answers change if you applied one of the other theories of ethics?

1. Identify two alternative positions to the one that you have taken for the criminal justice issue you are addressing in the capstone project.
2. Describe the alternative approaches that these positions would take to resolving the criminal justice issue you are addressing in the capstone project. Discuss the impact these approaches would have on the community and criminal justice personnel. Apply the two criminology theories that you previously selected.

Based on Enron's case study, discuss strategies that can be done to reduce this type of unethical leadership in the future.

a) A chemical manufacturer processes two chemicals, Arkon and Zenon, in varying proportions to produce three products, A, B, and C. He wishes to produce at least 150 units of A, 200 units of B, and 60 units of C. Each ton of Arkon yields 3 of A, 5 of B and 3 of C. Each ton of Zenon yields 5 of A, 5 of B and 1 of C.

i. If Arkon cost Ghc 40 per ton and Zenon Ghc 50 per ton, advise the manufacturer how to minimize cost.

ii. What is the dual of the minimizing LP problem?

Walmart company research project.
Walmart balance sheet annual.explain.