Saturday, February 29, 2020

A Division of Parody Productions Essay Example for Free

A Division of Parody Productions Essay ? Parody Productions, LLC is a company that sale his playing cards over the internet. The product portrays well-known players from a sports team’s history. The plaintiff in this suit, Ronald Swoboda, is included in the New York Mets Hero Deck. Swoboda claims that he has never given Parody permission to use his image. He further contends that through his attorney he sent Parody a cease and desist letter. Parody refused to stop selling cards with Swoboda’s name and images. In response, Swoboda filed the instant lawsuit to enjoin Parody from the continued use of his name and likeness and for damages for violating his right to publicity, and, alternatively, damages for unjust enrichment. The trial court sustained the exception of lack of personal jurisdiction and this appeal followed. 2. ISSUE: The issue is â€Å"Did Court of Appeal of Louisiana approve lack of personal jurisdiction of an internet merchandiser?† 3. DECISION: Affirmed Since 1945, technology has advanced to such a degree that it is possible for sellers to reach consumers in their homes worldwide. The onset of the Internet has created a lapse between the method of doing business in 1945 and the legal system’s ability to keep up with technology. The â€Å"purposeful availment† requirement for the exercise of personal jurisdiction over a nonresident defendant ensures that it will not be haled into a jurisdiction solely as a result of a random, fortuitous, or attenuated contact, or by the unilateral activity of another party or a third person. In Quality Design, the court ruled that Tuff Coat’s website was a passive one, whereby information about its product was provided, but actual sales were arranged via telephone or mail. A Division of Parody Productions. (2016, Sep 17).

Wednesday, February 12, 2020

Bullying and Cyber Bullying Research Paper Example | Topics and Well Written Essays - 2500 words

Bullying and Cyber Bullying - Research Paper Example It is quite possible that a number of parents remain unaware about the fact that their child is being bullied at school or in the neighborhood; as many children might not complain about being bullied. In other cases, where children do complain about being bullied, their parents, caregivers, or school teachers might not take such complaints seriously. Thus, it is important that parents should take interest in whatever is going on in the school lives of their children, so that if they detect any disturbing signs in them, they can address the issue instantly. Keeping in view the rapidly growing rates of bullying in school, it is imperative for the teachers and the parents not to ignore the complaints of children regarding bullying. â€Å"Use of the three criteria of intention, repetitiveness, and imbalance of power for classification of behaviour as bullying seems now to be well accepted among both researchers and practitioners (e.g. Smith & Brain, 2000)† (Jimerson 11). When children interact with each other, they act and respond according to their individual behaviors. In general, they can either show normal or hyper active, or sensitive, or aggressive behaviors, depending upon the type of situation they find themselves in. Bullying is such type of behavior that has three distinct qualities: intention, repetitiveness and imbalance of power. Bullying is definitely not an unintentional behavior. A bully intentionally hurts the other child by identifying his/her weakness or sensitivity. It is normal for children to fight or quarrel during playtime. Normally, their quarrels are resolved within no time and they start playing again. But in a situation where one child is intentionally hurting the other, then they both might be gradually adopting the roles of a bully and the bullied, respectively. Their quarrels would not settle on their own but would

Saturday, February 1, 2020

Resolving Matters of Externalities in Systematic Bargaining Assignment

Resolving Matters of Externalities in Systematic Bargaining - Assignment Example The legal framework and procedure that should be followed to resolve the potential or existing dispute between the firms or other parties to an externality are critical (Kaul, 1999). It is therefore important that strategic tools are put in place and surrounding factors captured in settling the affecting individuals.There are legal frameworks that guide the bargaining power of the affected parties when it comes to externalities.It is therefore important that strategic tools are put in place and surrounding factors captured in settling the affecting individuals.The objective of this study would involve determining various forms of externalities that a firm presents to the society. It would also help in establishing whether there are diverse resolutions legal mechanisms to the affected individuals through systematic bargaining approach. Externalities have remained a critical aspect of the corporate world and its relationship with the members of the community (Kaul, 1999). The establishment of a legal bargaining process for the affected members is key in promoting the general welfare of the society by the firms. Besides, the outcomes of the research would provide information that would serve as a literature review in further future studies. Collecting relevant data and incorporating them into existing legal framework reforms would be an uphill task considering the deep political aspects of the corporate world. Besides, the research requires a significant amount of funds and time which poses a real challenge to the resolution mechanism establishment.

Thursday, January 23, 2020

Macbeth :: essays research papers

Macbeth: Blood Macbeth: Blood I am going to prove that in the play Macbeth, a symbol of blood is portrayed often(and with different meanings), and that it is a symbol that is develope 2. Lady Macbeth: A Wife In Support Of Her Husband Lady Macbeth: A Wife in Support of Her Husband One of the main characters in Macbeth, Lady Macbeth, has been an object of intense criticism. Although sometimes regarded 3. Macbeth: Macbeth's Decent Into Hell Macbeth: Macbeth's Decent Into Hell Macbeth is a play by William Shakespeare. Macbeth is a man who commits a series of crimes because of persuation from his wife that will 4. Macbeth: A Mature Man Of Established Character Macbeth: A Mature Man of Established Character Macbeth is presented as a mature man of definitely established character, successful in certain fields of activity and en 5. Macbeth: Aristotelian Tragedy Macbeth: Aristotelian Tragedy Kim Blair Per.5 Interpretive Test The definition of tragedy in an excerpt from Aristotle's "Poetics" is the re-creation, complete withi 6. Macbeth: Ambition Is Root Of All Evil Macbeth: Ambition is Root of All Evil It is said that ambition is the key to success. In the case of Shakespeare's Macbeth, it is the key to his downfall. He is presented w 7. Macbeth: Appearance Vs Reality Macbeth: Appearance vs Reality Brooke Soper The way people act on the outside and who they really are on the inside may be two totally different things. Some may change 8. Macbeth: A Tale Of Two Theories Macbeth: A Tale of Two Theories Macbeth(c.1607), written by William Shakespeare, is the tragic tale of Macbeth, a virtuous man, corrupted by power and greed. This tragedy co 9. Macbeth: Banquo's Soliloquy Macbeth: Banquo's Soliloquy John Spitzer In Macbeth, a play by William Shakespeare, Banquo's soliloquy at the beginning of the third act explains some of his present feelin 10. Captain's Letter Regarding Macbeth Captain's Letter Regarding Macbeth Dear Family: I beg forgiveness for the prolonged period of silence previous to this letter.

Wednesday, January 15, 2020

Measuring Reliability

The Myers-Briggs Type Indicator (MBTI) is one of the most popular personality tests in the world today.   However, data reviewed from more than twenty MBTI research studies has indicated that the test has inadequate validity.   In other words, MBTI does not adequately measure what it is meant to measure.   Moreover, MBTI has reported reliability coefficients for its four scales on general population samples in the ranges from 0.61 to 0.87.   Experts on psychometric testing reveal that reliability coefficients for short personality tests should actually be in the range of 0.7 to 0.8 (Psychometric Success). Does this mean that MBTI is unreliable? – No.   While this important personality test sometimes reveals a lower reliability coefficient than the other personality tests, even when its reliability coefficient is close to 0.61, the test is said to give us a dependable measure of the constructs it measures at least 61% of the time.   To put it another way, at least 61% of the people who use the MBTI once would see that their scores on the different constructs of the test would not change on a second testing session and all subsequent testing sessions. Reliability is also known as â€Å"repeatability† or â€Å"consistency.†Ã‚   A test with perfect reliability has a coefficient of 1.0.   A test with no reliability whatsoever has a coefficient of 0.   A test with perfect reliability is one which gives us absolutely consistent results with the same sample.   The higher the reliability, the better is a test, scientifically, given that we can trust the results of this test with confidence, knowing that they will not change drastically through retesting (Trochim, 2006). With MBTI, we can be confident that the test would show us a true picture of an individual’s personality at least 61% of the time.   Although this value is better than 50%, MBTI would have  given us greater confidence in terms of its measurement if its reliability coefficient always fell in the range of 0.8 to 0.9.   This would have led us to believe that MBTI is most definitely a trustworthy measure of an individual’s personality type. References 1.Psychometric Success. â€Å"Myers-Briggs Widely Used But Still Controversial.† Available at http://www.psychometric-success.com/index.htm. (31 January 2007).    2. Trochim, William. (2006). â€Å"Theory of Reliability.† Research Methods Knowledge Base. Available at http://www.socialresearchmethods.net/kb/reliablt.php. (31 January 2007).         

Tuesday, January 7, 2020

Learn Your Options If Youre Kicked out of College

Being kicked out of college happens more often than many people think. Students are dismissed for many reasons, including cheating, plagiarism, poor grades, addictions, and inappropriate behavior. What should you do if you find yourself holding a dismissal letter? Know the Reason(s) for Your Dismissal Chances are your letter of dismissal was sent after a long series of negative interactions with professors,  staff, or other students,  so you probably have a pretty good idea of what went wrong. However, its still important to be sure your assumptions are correct. Were you kicked out of college because you failed your classes? Because of your behavior? Be clear about the reasons for your dismissal so youll know what your options are in the future. Its easier to ask questions and make sure you understand the reasons now than it will be one, two, or even five years in the future. Know What, If Any, Conditions There Are for Your Return First and foremost, confirm if youll be allowed back at the institution. And if you will be permitted to return, be clear about what youll need to do to be eligible to enroll again. Sometimes colleges need letters or reports from doctors or therapists to avoid the possibility of the same issues arising for the second time. Figure out What Went Wrong Did you not go to class? Act in a way that you regret now? Spend too much time on the party scene? Beyond awareness of the actions that resulted in your dismissal, its important to know what caused those actions and why you made the choices you did. Really understanding what led up to and resulted in being kicked out is perhaps the most important step you can take toward learning from the experience. Make Productive Use of Your Time Afterward Being kicked out of college is a serious black mark on your record. How can you turn a negative into a positive? Start by learning from your mistakes and bettering yourself and your situation. Get a job to show youre responsible; take a class at another school to show you can handle the workload; get counseling to show you no longer will make unhealthy choices with drugs and alcohol. Doing something productive with your time will help indicate to prospective employers or colleges that being kicked out of college was an unusual speed bump in your life, not your normal pattern. Move On Being kicked out of college can be hard on your pride, but know that people make mistakes of all kinds  and that the strongest people learn from them. Acknowledge what you did wrong, pick yourself up, and move on. Being extra harsh on yourself can sometimes keep you stuck in the mistake. Focus on whats next in your life and what you can do to get there.

Monday, December 30, 2019

Tata and Fiat Jv - 1014 Words

Case: Fiat’s Strategic Alliance with Tata. IB-Sec A amp;C. Please use the following questions as guideline to prepare the case: (Follow instructions in outline except those mentioned below.. 1. Given that, Fiat existed and operated in India for long why did it decide to form a strategic alliance with Tata? * Frequent bottlenecks with earlier smaller JV partner(premier) * felt the need for bigger player- with financial and management compatibility * Long term approach * Respected name and trust on â€Å"TATA† brand * Strong foothold of TATA in promotion, distribution and dealership across India. * Seriously challenged with the problems unique to India. Did not have a clue how to solve them on their own e.g†¦show more content†¦Important aspects to focus on: i. Partner selection 1. Earlier partner – premier – small player ,did not match up to fiats requirements for capital commitments 2. Tatas had – brand ,long term commitment, excellent domestic and international reputation 3. Both parties had elaborate meetings to communicate strategic priorities and interests in working together c. Alliance structure ii. GM- Fiat alliance did not completely guard against the risk of opportunism by the partner. In this case fiat got the better out of GM. iii. Exit clauses were dealt thoroughly: 4. Right of both companies in case one company exited 5. Continuity of other contracts if JV is terminated iv. During negotiation â€Å"business issues† took the centre stage and legal issues were to be addressed later. It shows mutual trust and focus on goals. d. Management of the alliance v. Cultural differences at different layers needs sensitisation 6. Country cultures – Italian and indian 7. Corporate cultures – Fiat (autonomy of decisions) tata(centralisation) e. Nature of resources available f. Degree of market uncertainty g. Level of competition in the market h. Types of synergies vi. Modular vii. Sequential viii. reciprocal 5. Which aspects of the JV negotiation, according to the group, areShow MoreRelatedSwot Analysis of Tata Motors1456 Words   |  6 PagesAUTOMOBILE INDUSTRY [pic] TATA MOTORS SWOT ANALYSIS REPORT PREPARED BY: [pic] INTRODUCTION Tata Motors Limited, formerly known as TELCO (TATA Engineering and Locomotive Company), was formed in 1954. It is the only fully integrated automobile manufacturer that now stands as Indias largest and the world’s 5th largest passenger automobile and commercial vehicle manufacturing company with a product range designed to meet national andRead MoreKai S Write Up For Fiat And Tata Essay787 Words   |  4 Pagesï » ¿Kai Jiang Case – HBS: Fiat -- Tata Case questions: 1 What is Fiat’s current situation in India? Fiat is an Italian automobile manufacturer based in Turin. Fiat India in Indian car market is facing the dilemma of poor sales. It had a very small market share in India comparing to other existing automobile competitors. There was a good and long relationship with Tata Motors in Indian so Fiat and Tata were going to have a joint venture (JV) to manufacture passenger cars, engines and transmissionsRead MoreTata Motors International Acquisition Strategy2148 Words   |  9 PagesPGP-09-179 | ï  ¶ Company Profile TATA Motors is the flagship company of the TATA group is Indias largest automobile player with consolidated revenues of USD 14 billion in 2008-09. It is the leader in commercial vehicles in each segment, and among the top three in passenger vehicles with winning products in the compact, midsize car and utility vehicle segments. TATA Motors was listed on the New York Stock Exchange in 2004. Established in 1945; over 4 million Tata vehicles ply on Indian roads, sinceRead MoreTata Fiat1340 Words   |  6 PagesTata Motors and the Fiat Auto: Joining Forces Tata Motors (TM) and Fiat Auto S.p.A (Fiat) are large auto manufacturers. It is described as the transformation of TM from a commercial vehicle manufacturing company to a leading passenger car company in India, and its forays into global markets. The case details the growth of Fiat, the problems the company faced, and the strategies it adopted to tackle these problems. It discusses the alliance between the two companies, and the benefits and costs fromRead MoreManagement Information System Tata Motor3694 Words   |  15 PagesInformationof Tata Motors INTRODUCTION Tata Motors is Indias largest automobile company, with consolidated revenues of Rs1,65,654 crore (USD32.5 billion) in 2011-12. Through subsidiaries and associate companies, Tata Motors has operations in the UK, South Korea, Thailand, Spain and South Africa. Among them is Jaguar Land Rover, the business comprising the two iconic British brands. Following a strategic alliance with Fiat in 2005, it has set up an industrial joint venture with Fiat Group AutomobilesRead MoreInternational Business Case Study7015 Words   |  29 PagesThe Association of Business Executives QCF International Business Case Study Fiat Automobiles S.p.A Tuesday 4 June 2013, Afternoon This is an open-book examination, and you may consult any previously prepared written material or texts during the examination. Only answers that are written during the examination in the answer book supplied by the examination centre will be marked. 6IBCS0613  © ABE 2013 J/601/2793 Notes l As in real life, anomalies may be found in this Case StudyRead MoreTata International Strategy11355 Words   |  46 Pagesand Information Technology Tata Motors is India s largest automobile company, with consolidated revenues of Rs 92,519 crore ($20 billion) in 2009-10. Tata Motors Limited is an Indian multinational automotive corporation headquartered in Mumbai, India. Part of the Tata Group, it was formerly known as TELCO (TATA Engineering and Locomotive Company). Its products include passenger cars, trucks, vans and coaches. Through subsidiaries and associate companies, Tata Motors has operations in the UKRead MoreTata Motors Case4360 Words   |  18 PagesCase Analysis, Tata Motors International Business and Economics Amsterdam Business School, 2010 Introduction Tata Motors is an automotive company to take notice of. Representing the evolving Indian population and growing economy of one of the world’s key emerging markets, it is a market leader for commercial vehicles and third for passenger vehicles in the Indian market. It shocked the world by introducing the $2000 Nano in 2009 and also by growing its portfolio by purchasing Jaguar LandRead MoreIndia Automobile Industry4634 Words   |  19 Pagesstrongly focus on exterior design and frequent introduction of new models and on products with good quality and strong technology. One of the main reasons for India’s automobile industry to prosper is because of its steel industry such as Mittal Steel and Tata Steel. Indian manufacturing sector has been readjusting its structure from labor-intensive manufacturing to assembly-type production activities. Based on the analysis of the report, it can be concluded that joint venture and in some case, export canRead MoreMercedes Benz - Co rporate Strategy in Emerging Markets6322 Words   |  26 Pages MERCEDES-BENZ – CORPORATE STRATEGY IN EMERGING MARKETS 2. MERCEDES-BENZ IN INDIA First Mover Advantage – Mercedes-Benz was the first luxury car maker to enter the Indian market in 1994, as a joint-venture between Daimler-Benz AG and Telco (presently Tata Motors). After Daimler merged with Chrysler, the Indian company was renamed as DaimlerChrysler India Private Ltd. In 2007, when Daimler sold out its shares in Chrysler, the company was renamed Mercedes-Benz India. Daimler-Benz India started its manufacturing