Treatment plan

Mrs. Bargas Case Study

• Client-Mrs. Bargas

Problems definition

• In the case study, the major problems that need to be addressed are;
• Bargas is facing difficulties such as lack of money to pay the bills due to unemployment
• Bargas's daughter is suffering from depression and anxiety
• Bargas's husband is suffering from stroke and the wife cannot afford money for the husband to attend speech therapy

How to identify and prioritize problems

 The first step in identifying the client's problems is to build a relationship. The latter will promote communication and through the conversation, the client will mention her own needs and as a social worker, I will use my knowledge to identify the major areas of needs and addition problems Alio P. (Amina, 2017). Face-to-face interaction will help the client develop a sense of autonomy and she will gain courage and express herself.  After identifying the social problems through conversation, the next step is to prioritize the problems. Note that we may identify many problems through interaction and it is important to address the problem that needs immediate solutions or in other words, urgent problem. Some problems may require a short time frame while others may require long term frame and so I would evaluate all the highlighted problems to identify those that put the client in immediate danger (Amina, 2017).  Based on the identified problems, the short term need is obtaining health insurance so that the husband can attend speech therapy. The second need is finding an appropriate job for Mrs. Bargas and enrolling her family in assistance program so that the family's basic needs can be met. The third need that can take long term basis is addressing Amy's behavioral issues (Mrs. Bragas's daughter). Note that Mrs. Bargas says that her daughter does not speak to anyone, she is not attending classes, she is failing academically, and she loses her temper, among other behavioral problems. Her issue is very important but focusing on Maslow's hierarchy of needs, it is important to follow the protocol and ensure that the emergences are addressed first. Using the Maslow's hierarchy of needs and in the context of the case study, I would follow the protocol of addressing the basic needs and in this cases, access of speech therapy is a top priority. Second, I would address the physiological need which is employment, and third is helping the daughter cope with stressful situations and develop positive behaviors.

How to utilize a client's strengths when selecting a strategy for intervention

 Note that when identifying and prioritizing problems, I would use my knowledge and skills to label some problems as a top priority and other as non-urgent.  However, it is important to use a strength-based approach to allow the client to select the problems that she feel are the top priority. The client may employ some underlying factors and it is important to respect her decision. The strength-based practice is very important as it will promote collaboration and clients will act as a co-producer of support (Manthey, 2011). Also, utilizing the client's strength will help implement the best intervention and achieve better outcomes. As a social worker, I believe that the client has strengths and she can resolve difficulties. To identify the strengths, I would employ the talk therapy and create a collaborative environment where we will identify problems, find a solution, find the best resources, select meaningful choices, and set goals (Manthey, 2011). For instance, I would assess the client's assets, resources, and knowledge and pay attention to the client's current ability toward solving the problems. Since the client says that she can work in an office, I would sport her decision and build motivation to ensure that she achieves her goals.

 Treatment plan goals and objectives

• will gain employment and live a sober lifestyle
• The measurable objective to meet the above goal is to take Mrs. Bargas to the career counselor so that he may guide the client in choosing a profession. I will also connect Mrs. Bargas to community resources and family assistance program to ensure that her family's basic needs are met.
• To achieve the objective, I will employ the family therapy. The family therapy approach will help build strong engagement with the parent, employ a strength-based approach to evaluate her strengths, and motivate the clients to overcome the problems (Tuerk et al, 2012). Family therapy is the best approach to identify the client's social skills, interest, problem-solving ability, financial resources, among other potential strengths.

• Amy will cope with stress and create a positive-self-image
• The measurable objective to meet the above goal is to engage the client in recreational programs so that she may improve interpersonal relationships with other people including her parent.
• To achieve the above objective, I will employ cognitive-behavioral therapy.  From the research literature, Rasing et al (2017) assert that adolescents suffer from depression and anxiety and symptoms include a decrease in social relations, poor academic performance, and other mental health problems.  The authors find that to prevent the incidence of these conditions it is important to implement prevention strategies. The best strategy is cognitive-behavioral therapy since it provides an immediate solution, especially to the at-risk groups.  CBT provides the client with positive reinforcement and as a result, the client can manage depression.

 In a treatment plan, the information that is most important to document is the client's goal for treatment, and measurable steps to achieve the goals. The information is important in that it improves the client's outcomes, it motivates both the client and the social owner to work hard toward achieving the goals.

References

 Alio P. Amina.  (2017). IDENTIFYING, PRIORITIZING AND ADDRESSING CLIENT NEEDS: STRATEGIES FOR HOME VISITORS. University of Rochester Medical Center, NYS Maternal & Infant Health Center of Excellence. Retrieved from: https://www.urmc.rochester.edu/MediaLibraries/URMCMedia/finger-lakes-regional-perinatal/documents/Prioritization-Report_April2017.pdf

Manthey, T. J., Knowles, B., Asher, D., & Wahab, S. (2011). Strengths-based practice and

motivational interviewing. Advances in Social Work, 12(2), 126-151.

Tuerk, E. H., McCart, M. R., & Henggeler, S. W. (2012). Collaboration in family

therapy. Journal of clinical psychology, 68(2), 168-178.

Rasing, S., Creemers, D. H., Janssens, J. M., & Scholte, R. H. (2017). Depression and anxiety

prevention based on cognitive behavioral therapy for at-risk adolescents: a meta-analytic

review. Frontiers in psychology, 8, 1066.

Strategic human resource and leadership

Part 1

 Theoretical framework

Introduction

According to the case study context, the oil and gas sector is evolving, and efficiency and improvements are needed to steer growth and productivity. The department of human resources is an essential part of the industry since it is responsible for implementing innovative strategies, manage internal activities and handle the challenges facing the sector. The major areas that human resource practices are needed include; recruiting, retaining workers, create organizational structures and cultures, implement technology and digital tools, maximize efficiency, and reduce turnover, offer training and development among many other roles. It is important to understand that HR role in the oil and gas industry is different compared with other industries since workers work in a harsh environment and poor working conditions.  Skilled human resources are also needed in order to work in oil and gas reservoirs. Despite these demanding roles, human resources management is facing challenges in trying to improve and maintain better management. They are experiencing a shortage of engineers, scarce resources and qualified applicants, and lack of local talent pools. With reference to the case study context, the main areas of HR activity that need further attention are:

 Areas that need further attention

 Recruitment

 According to the case study, the oil and gas industry demands a high skilled workforce who can tolerate the hostile working environment. Today, human resource managers experience challenges in selecting and recruiting suitable workers. In the oil and gas industry, human resources managers are responsible for selecting employees with valuable experiences, skills, and ability for them to work in the sector (O’Meara & Petzall, 2013, p. 6). Since technology is changing, the human resource team should conduct planning and analysis to determine the tasks and responsibilities, and the knowledge and skills needed in the sector. They should also evaluate the current qualified workers in order to determine the number of workforces required. It is important to understand that there is high competition since there is very few highly skilled workforce. In addition, individuals have many job opportunities and this means that employees have more power to compare wages and working arrangements and the best job to apply (O’Meara & Petzall, 2013, p. 6). Thus, the human resource team should ensure positive communication and consider cultural sensitivity in order to attract workers and sustain growth.

 Training and development

 According to the case study context, emerging technology has transformed the oil and gas industry. For example, Remotely Operated Vehicles (ROVs) have been implemented in the industry to support in drilling, subsea construction, and deep-water exploration. To operate the ROV technology, employees require problem-solving skills, technical skills, teamwork skills, and communication skills (O’Meara & Petzall, 2013, p. 285 2013).Thus, the human resources managers should offer training to the workforce for them to acquire the skills and abilities needed to operate the new technology.  Managers should not only recruit and retain but they should also allow them to learn and develop knowledge applicable in the actual work situation.

Capacity building and motivation

 According to the case study context, oil and gas industries are associated with many challenges such as challenging reservoirs and harsher environments. Thus, human resources managers should focus on rewarding workers for them to improve performance while in the midst of the challenges. Note that workers may lack commitment and lose morale regardless of the higher salary rates. To create a long-term relationship, commitment, and higher performance, HR manager should motivate workforce through providing them with skills needed, tools and resources, ensure safety environment, maximize their well-being, provide insurance and provide reward and recognition (O’Meara & Petzall, 2013, p. 30).

Part 2

Proposed Strategy

 Today, the oil and gas industry is experiencing changes and challenges that demand industrial skills in order to enhance performance and increase productivity.  According to the case study context, oil and gas industry operate globally and their goal is to achieve sustainable development. For the workforce and managers to achieve sustainable development,   improve performance and move the company to the next level, they require both hard skills and soft skills (Dhopte & Sinha, 2017. p. 121). Hard skills are technical skills gained through education and soft skills are the skills gained through experience.  In the oil and gas industry, the combination of these skills will give amazing results since managers will have the ability to deal with the diverse workforce and organization managers. With soft skills, they will contribute to organization accomplishment by providing effective practices in promotion, training and development, and recruiting workers.  Hard skills will also enable the managers to manage the industrial operations by implementing proper corrective actions, and tools and resources for the completion of the projects (Dhopte & Sinha, 2017. p. 122).

 However, knowledge and skills are not only applicable to the human resources managers but the workforce should also be qualified for them to execute industrial operations effectively.  Note that employee plays the most important role in the organization since they are responsible for managing the business, and growing the organization through improving performance and increasing profitability. Thus, Employees need soft skills such as good communication, decision-making skills, problem-solving skill, time management, and teamwork (Robles, 2012, p. 457). Soft skills will enable the workers to promote respectful interaction, collaboration, adhere to work ethics and portray a positive attitude. In addition, the workforce should possess hard skills for them to solve industrial problems and monitor equipment. Today, technological advances are demanding technical skills such as project management, programming, software proficiency, and big data analysis in order to perform both technical and nontechnical tasks (Robles, 2012, p. 458). Human resource managers should ensure that the workforce have the required aptitude and knowledge to perform the task.

To ensure that the workforce in the oil and workforce industry have the essential skills, the human resource managers need a strategic role or in other words, they should develop programs designed to provide training. The latter will help the workforce improve both soft and hard skills and as a result, they will increase performance. The managers should also encourage teamwork so that workers can share knowledge, make decisions and solve problems (Robles, 2012, p. 458). Mentoring and coaching should be an integral element to enable the workforce to overcome obstacles, improve skills and perform the task effectively. 

 Conclusion

 Technology and innovation have improved the oil and gas industry thereby promoting reliable operations. However, the industries are suffering from skills shortage since the current workforce are unable to apply technical and managerial skills in carrying out their daily operations.   Several factors such as aging workforce and inexperienced workers are causing the skill shortage and the human resource managers should address these challenges in order to move the company to the next level. There is a need for proactive role aimed at supporting the workforce through the provision of training and development for them to drive future growth. Human resources managers should also employ talented workers, offer career development, good working conditions, ensure satisfaction and morale and reduce employee turnover through reward and recognition. These strategies will not only increase job performance but the qualified workforce will make difference in the oil and gas industry.

References

Dhopte, S. and Sinha, M. (2017) ‘A Study of Essential Components of Corporate Skills’, Journal

of Commerce & Management Thought, 8(1), pp. 120–135. doi: 10.5958/0976-

478X.2017.00006.4.

Robles, M. M. (2012) ‘Executive Perceptions of the Top 10 Soft Skills Needed in Today’s

Workplace’, Business Communication Quarterly, 75(4), pp. 453–465. doi:

10.1177/1080569912460400.

O’Meara, B. and Petzall, S. B. (2013) Handbook of Strategic Recruitment and Selection : A

Systems Approach. United Kingdom: Emerald Group Publishing Limited. Available at:

http://search.ebscohost.com/login.aspx?direct=true&db=nlebk&AN=683413&site

=ehost-live (Accessed: 30 January 2019).

                                    Part A: Bio-Psycho-Social Assessment

                        Working with the homeless population: The case of Diane

1. Demographic information- Diane is a Caucasian girl aged 15 years. She was born in the year 2003. Although she is freshman at her current high school, it is only three weeks remaining for the semester to end since she was first enrolled.
2. Presenting issue- initially, Diana’s teacher had acknowledged her psychosocial problem and regarded it a clear indication that she was having difficulties adjusting or adopting the conditions of her new school. As a result of that, the teacher decided to refer her to me. Being part of the school’s study team, I have been given the responsibility of handling social evaluations on students so as to be in the position of assessing how they function from the bio-psychosocial viewpoint.
3. Current living situation- Currently, being a homeless child, her area of residence is the shelter provided by their local church for homeless families. Despite that, at the shelter provided by their local church, she informed me that it was hard for her to shower. The reason for that is because of the little time given to bath and other individuals do consumer a lot of time during bathing.
4. Birth and developmental history- Diana was born and raised by a single mother before seeking refuge at the local church. The first time I meet with Diana, I realized that her hair might have not been kept tidy for some time and the clothes she worn were wrinkled. Eager to develop a relationship with her, I decided first to introduce myself to her before explaining the duties I handle with the school’s study team. During my first encounter with her, she appeared quiet as always with her eyes downcast, a clear impression that she was depressed. As I continued assessing her, I noticed that she always offered one-word answer to any question that I asked her.
5. School and social relationship- As Diane informed me, she always feel embarrassed because of her appearance. Once I realized that I was not establishing a good rapport with her, I decided to inquire from her how she was feeling. The only thing she said is that she was feeling awful. In the process of asking her about the cause of this feeling; she started crying and inventoried all that kept on upsetting her.
6. Family members and relationships- currently, the only family member she has is her mother and other mother of the local church. As Diane explained, she always confuses her classes, have no friends, and her mother always shades tears just because of their current living conditions. Furthermore, she also informed me that she had always witnessed her mother being abused severally hence deteriorating the relationship they had with the people of their initial area of residence.
7. Health and medical issues- As a homeless child, sitting with her head down and quiet at class are some of the factors indicating she has some psychosocial problems. Although I noticed that she had many issues to discuss with me, I felt grateful for her to take her time to explain her plight to me the first time we met. Since I recognized that these were some of the basic needs, the option I had is to first handle Diane’s physiological needs. The idea was to offer her with some sort of relief before addressing a number of other concerns, for instance, academic issues, sense of belonging, and safety.
8. Spiritual development- As I continued to assess her situation, Diane explained that her spiritual development mainly depends on the relationship she has with the other members of their local church. At school, she does not associate with other students to enhance her spiritual development just because of the embarrassment she feel about her situation.
9. Social, community, and recreational activities- as far as social, community, and recreational activities are concerned, Diana explained that the only part she engages in was bible reading and art work during weekends.
10. Client strengths, capacities, and resources- During lunch time, she did not have food to eat because of lack of money. Therefore, I ordered food for her from the cafeteria. As she was eating, I realized that she was willing to develop a plan for rejuvenating her situation. What I decided to do was to draw a large circle as well as placing her personal details in the free lunch program.

                                                Part B: Analysis of Assessment

• Explain the challenges faced by the client(s)—for example, drug addiction, lack of basic needs, victim of abuse, new school environment, etc.

            Due to the fact that Diane was too thin, coming from a family with myriad background issues, being part of the social economic class, and having speech impairment, it implies that all these factors are enough to marginalize an adolescent or child in this category. The reason for that is because it is the one which aid in placing one of them outside the margins of the expectations of their community. This is to imply that when an adolescent or a child like Diane is marginalized, the truth is that they end up experiencing several consequences for instance, poor academic performances, low self-esteem, feeling anxious or depressed, and so on.

• Analyze how the social environment affects the client.

            As a social worker, in order to be in the position of facilitating positive change for such a client, there is the need of first understanding some of the issues which have the potential of affecting their healthy development. The reason for that is because there are various social environmental issues or factors that serve as the basis for replacing her outside the margins of the community (Plummer et al., 2014). An example of this is the abuse she witnessed her mother went through as well as the embarrassment she feels about herself. In so doing, it is important to integrate it with explanations regarding the manner in which such issues could impact her societal development from infancy through adolescence.  Because of that, there is the need of explaining what, as the psychosocial instructor, could have been done differently in order to enhance her social wellbeing.

• Identify which human behavior or social theories may guide your practice with this individual and explain how these theories inform your assessment.

            Taking into account the intervention to be given, the bio-psychosocial model (BPSM) indicate that it was important to consider all the problems that she had already represented. Basically, to be in the position of doing all that, it was recommended that we had to start with the client’s physiological requirements (Plummer et al., 2014). As a result of that, I dedicated my time giving her information regarding the free lunchtime program. The reason for that was to ensure that other students are not aware that she had been enrolled in such a program. To boost that, there was the need of ensuring that Diane have been provided with special identical card that she could be swiping at the cafeteria as the other students.

• Explain how you would use this assessment to develop mutually agreed-upon goals to be met in order to address the presenting issue and challenges face by the client.

            After school, the second option I had was to ensure that I have given her the opportunity of bathing in the girls’ locker room. However, this strategy demanded that I could have negotiated with other entities, especially her mother, the organization of the local church shelter, and the school administration. We decided to draw other circles around the main circle so as to have the ability of showing her all the interactions that she needed so as to boost that strategy. So as to be able to monitor our progress, it was important for us to ensure that each goal has been achieved. To do so, our study team came up with weekly meetings aimed at addressing as well as fine-tuning these issues.

• Explain how you would use the identified strengths of the client(s) in a treatment plan.

            As the following month continued to unfold, I realized that Diane was becoming more relaxed while coming to our weekly meetings. Other than being enrolled in her normal lunch program, she was able to shower in the other girls’ locker room after attending the gymnasium classes. In the process of ensuring that her physiological needs have been met, I realized Diane’s academic grades had tremendously improved too.  It is because of these competencies that that I felt that there was the need of addressing her emotional and social issues, for instance recuperating from the abuse she witnessed her mother went through as well as developing friendships.

            As time went by, I realized that she developed an interest in painting. Because of that, I approached our art club association that always works in our school studio to organize her trips of attending art galleries and museums. Since she was ready to attend, I understood that it was a good opportunity for her to meet and make potential friends. Despite that, in the process of explaining to her the importance of personal counseling, I realized that she somehow became anxious. The only option I had was to give her the location and the hotline number of the local domestic violence authority.

• Explain how you would use evidence-based practice when working with this client and recommend specific intervention strategies (skills, knowledge, etc.) to address the presenting issue.

            As time went by, I realized that she frequently visited my office.  Lately, after six months, Diana acknowledged to me that the agency I recommended to her made her to feel empowered and excited to make remarkable difference for others undergoing the same problem. As a result of that, she told me that her next strategy was to volunteer enrolling at the local domestic organization. Her motive entailed painting various murals in their art healing class. As time went by, she had the ability of recruiting her colleague to join the art club. The reason for that was to ensure that she could have the opportunity of receiving free counseling services and other creative art remedies that will enable her to improve her painting skills as one of the expressions for her progress or healing (Plummer et al., 2014). I dedicated my time to encourage her to link with that organization so as to be able inquire about their services as well as attend their art healing classes.  

• Analyze the ethical issues present in the case. Explain how you will address them

            In order to be in the position of achieving these goals, it is important to ensure that the needs of their family have been met. To do so, careful considerations ought to be given to the assessment process to be implemented. Conventionally, it should be kept in mind that the evaluation of the homeless families that was utilized initially used to take into account some of the driven approaches in which health care providers get concerned about some of the referrals or services available (Plummer et al., 2014). Conversely, considering the case of Diane, by not being in the position of screening some of the unknown risk factors impacting her family, it will be difficult for her to attain residential stability.

            Taking into account the rising number of homeless teenagers as well as understanding the adverse impacts that they have on children development like Diane, comprehensive evaluations are required. The reason for that is because it is the one which will assist linking her family with housing services offered to her. This strategy will take into account child development, depression, and maternal development needs.

            In most cases, bio-psychosocial assessment to be provided will ultimately depend on the work to be done with such a homeless family. In order to be in the position of providing the best assessment services possible, it is important to first determine what the client’s family requires. Ethically, when this process is executed too narrowly, it implies that the assessment to be given will only have the capacity of capturing the smallest pieces of the large puzzle (Plummer et al., 2014). Moreover, in case her bio-psychosocial assessment was to be done so broadly, it means that the assessment to be given will not have been reliable and accurate in capturing all the information required in guiding effective practice.

• Describe the issues will you need to address around cultural competence.

            Considering the cultural competence of the client, it means that the assessment to be provided will have to follow a certain protocol.  This framework or model needs to be based on the available evidence regarding the individual to be assessed. Taking into account the client and the issues to be addressed, the whole process can be long or short as well as involving structured interviews with the client. Typically, the standard evaluation will necessitate that in the process of conducting such an assessment, it is important to use the same format in collecting information.

                                                            Reference

Plummer, S.-B., Makris, S., & Brocksen S. M. (Eds.). (2014). Social work case studies: Foundation year. Baltimore, MD: Laureate International Universities Publishing

                                                VF BRANDS CASE STUDY

Abstract

The essence of this case is basically to examine the supply chain strategies made by the VF Brands. Historically, the VF have been combining both conventional arms-length and in-house sourcing arrangements. During the time of this case, the management authority used to take into consideration the third approach to their supplier relations which entail fostering more cooperation and partnership. The objective of this ‘third way’ method involved assisting the company in creating a sourcing relationship which takes into consideration some of the vertical incorporation virtues which in return streamlines the sourcing process.  It is these sourcing arrangements which are continuously examined in the operation literatures and in other day-to-day business operating practices. This then means that there is the need of doing an in-depth examination of all the arrangements made by the company as well as developing a clear understanding of some of the trade-offs which are involved (Gary & Pamela, 2009).

Background

VF Brands is one of the largest publically owned clothing business organization in the world. The company mainly markets its commodities under brands explicitly, Timberland, Wrangler, North Face, Nautica, Lee, and so on. The company mainly sells its merchandizes to departmental stores, specialty stores, mass merchants, and national chains. Conversely, the marketing of its products is done through other direct-to-customer channels which consist of VF internet sites and other operated stores. The centralized world supply chain organizations of the company have the responsibility of manufacturing, procuring, as well as delivering goods to its customers. The VF Brands not only outsources its production activities but also takes the opportunity of in-housing their production involved (Gary & Pamela, 2009).

Nevertheless, the company mainly operates production facilities in several countries such as in South and Central America, Mexico, Europe, Caribbean, and United States. A large percentage of occupational apparels and denim bottoms are produced in these plants. These plants also manufacture footwear and other products but in small percentage. The general combination of the VF contracted and owned production together with the cost structures and geographic regions is the one which have been assisting the company to have a flexible and a well-balanced approach to product outsourcing. Despite the challenges that the company is facing currently, the intention of the management authority is to continue managing its supply chains international perspective. This is also concerned with the need of adjusting its supply chain approaches in the world production environment involved (Gary & Pamela, 2009).

Issues

Regardless of its continued production and marketing strategies, the company is currently facing a lot of issues which the potential of threatening its day-to-day operation. One of the issues the company is encountering is the implementation of the ‘third way’ approach. Basically, the cold reception from the existing suppliers is an obstacle for implementing this approach since the majority of the experienced suppliers are not willing to share information concerning the short-term contracts that they receive. Another issue is that garment production is a labor intensive activity. other than completion resulting from the absence of barriers of entry into the industry, quotas and the ever changing tariffs is another issue which have been hampering the production activities of the company involved (Gary & Pamela, 2009).

Analysis

The production process of the company, including, seeking suppliers, designing of products, and so on, is what have been making the lead time difficulty. This is also coupled with the absence of trust and coordination between apparel companies and suppliers hence resulting to higher inventory and longer lead time.  This is what has compelled the company to come up with other means of reducing costs and its lead time in the modern competitive clothing market. Other than the challenges concerning the company’s ‘third way’ approach, and the lack of trust and corporation, it should be noted that production of apparels is a labor intensive activity which offers few production scale advantages. The reason for that is because there are only few barriers of entry into the industry hence increasing the level of competition. The apparel production in the clothing industry is also subjected to ever changing and complex quotas and tariffs. The effect of this is that the company keeps of incurring huge production expenses (Gary & Pamela, 2009).

 Recommendations

In order to improve the line of production, the management authority should ensure that they have made an agreement with suppliers for specific line as well as committing to volume forecast for a duration of years. Such an agreement will also involve coming to terms with suppliers so as to ensure that they are not producing similar products. Suppliers can also decide to dedicate their production lines to the VF Brands’ products as well as investing in other business such as machinery, building and so on (Jay et al., 2014).

Labor supervision, equipment management, administrative infrastructure, and are also some of the strategies the company can use in managing its production and marketing activities. The company and suppliers should also ensure that they have developed joint production schedules so as to assist in meeting the needs of each partner.  There is also the need of sharing engineering resources so as enable the company to enhance its manufacturing process. Suppliers should be in the position of passing a portion of some of the savings obtained to the company (Jay et al., 2014).

Conclusion

To sum up, it is clear that the company have the opportunity of improving its garment manufacturing activities. This is coupled with the need of making extra investments in specialized equipment as well as acquiring more capital when need arises while suppliers owns equipment and the factory. Consequently, this will be aligned with the need of utilizing the company’s purchasing capacity so as to enable suppliers to acquire raw materials at cheaper price. The company can also take this opportunity through buying back some of the unexploited raw materials.

                                                            References

Gary, P & Pamela, A. (2009). VF Brands. Global Supply Chain Strategy. Harvard Business School Publishing.

Jay, H, Barry, R, & Chuck, M. (2014). O P E R AT I O N S MANAGEMENT: Sustainability and Supply Chain Management. Pearson Education Press

Case study

The case involves an employee who decides to venture into his own business (Gentle) of manufacturing mattresses based on the broad knowledge he acquired in employment. He intended that the workers he employed at the business be familiar with important financial ratios so as that they could review the business performance and set goals.

There are various positive aspects in the financial data that the employee could obtained and these involves growth in revenue , higher demand for material and labor in comparison with the entire industry. The higher revenues and productivity serves as an indicator to employees that the business is performing well, which would encourage a positive attitude across the organization. This could be an indication of future growth even when other firms in the industry are experiencing negative growth. Such growth puts employees in a better position for possible personal growth, career wise and professionally which acts as a motivating factor. Generally, most talented employees want to advance in their career, increase their knowledge and improve on skills in an organization in which they are working (Hawawini & Viallet, 2011). Growth prospects in this business in comparison to the entire industry are an indication that employees look forward to a bright future.

The employees should be concerned with the profitability of the business in terms of Gross profits, the profitability ratios and current ratios.  The profitability of the business remains well below the level of profits in the industry, with a -7% growth. This could indicate that the business is experiencing higher costs than other firms or the level of sales has not grown enough to maintain the industrial profitability.  Moreover, the return on investment ratio is quite low, at 6.6 % as compared to the 22 % average ratio of the industry. This indicates that the firm has a long way to go to attain the sustainable returns.  The current ratio of the firm is another aspect that the employees should be concerned about. The current ratio is below 1 percent, 0.9 %, which presents a problem for the business in repaying its obligations over the short-term. The average ratio for the other firms is above 1 % which indicates their improved capacity to pay creditors.  The longer collection period may indicate a potential problem for bad debts in future.

Additional necessary information includes growth in market share and sales over the period the firm has been in operations.  The market share in this case represents both volume and value, so that the market share of the firm out of the business out of the overall sales in the segment can be assessed. Market share is important since it measures the preference of customers for the mattresses over others offered by rival firms. A significant growth in market share indicates better sales and that the products of the firm are of the desired market quality (Hawawini & Viallet, 2011). An increase in market share would allow the business to improve its operations, productivity and thus, profitability.

 The recommendation for the business includes a focus on improving the profitability through high quality and customer focused production and marketing efforts in order achieve better higher market share. In order to improve profitability, the firm should focus on cost reduction strategies without compromising on quality of the products. Cost reduction can be achieved through lean production, which will increase revenue and thus make the business more profitable. Lean production aims at reducing or eliminates waste that is related to the process of manufacturing (Stojanovic & Radojevic, 2006). Waste involves anything that will not add value the consumers. The reduction of collection period would also prevent cases of bad debts.

References

Hawawini, G. A., & Viallet, C. (2011). Finance for executives: Managing for value creation. Mason, Ohio: South-Western Cengage Learning.

Stojanovic, D., & Radojevic, Z. (2006). Accounting characteristics in lean manufacturing. International Scientific Days, 1146-1151.

Analysis of a Case Fact Situation

Introduction

As Bill with his friends passed by a bar Paul who was leaving the bar uttered an atrocity that was directed to them due to their loud talks as they were a bit intoxicated. Even though Paul attempted to get away Bill caught up with him leading to a punch in the quest of trying to get answers from him as to why he decided to get swore to them. Bill’s friends encouraged him to fight which resulted in another punch that left him unconsciousness as he lay on the traffic road not moving. The group took off after panicking leaving him there where a truck ran him over and died instantly. It is evident that given that the action of Bill led to the death of Paul he committed a homicide crime. Manslaughter charges are applicable in the case. This is because from the facts the death of Paul was not an intentional one since the streets were poorly lighted and the truck driver did not see him while on the other hand, Paul left him in that state without intentions as his only motive was to get answers.

Would a charge of manslaughter be appropriate in this case?

Homicide refers to the death of an individual that results from unappropriated actions from another person (Allen, 2015). In this context, a manslaughter charge is only suitable in instances when homicide fails to fit within a murder level. On this ground even though manslaughter is a severe crime, the penalties are less than when equated to those of murder (Monaghan, 2016). This, therefore, shows that a manslaughter charge is suitable for this case because it was not the intention of the driver to kill Paul and Bill never aimed for Paul’s death as his actions were grounded on getting a response. The death of Paul resulted from the fact that Bill left him unconscious which implies that even when the car was approaching she was unable to respond. On the other hand, it is evident that the driver acted with no kind of motive as the street had poor lighting which prevented him from seeing Paul. This case best demonstrates a voluntary manslaughter. This is the case of an intentional killing derived from recklessness. In that Bill being the perpetrator participated in an illegal operation that involved beating up Paul that led to his death. The case demonstrates high levels of recklessness because even though Bill never intended to kill Paul he understood quite well that his actions were immoral and law infringing.

This is a voluntary manslaughter because it is a killing that reveals some levels of knowledge and intent but does not fit within murder charges because it was mitigated by the notion that it was conducted in the heat of desire (Monaghan, 2016). In that Bill was overcome by emotions of anger in the situation based on the sudden situation after Paul had been verbally offending thus losing his judgment ability thus leading to him punching Paul severally leaving him unconscious at the traffic lane where he met his unfortunate death. However, in order for Bill’s charges to be reduced to manslaughter he must fully demonstrate that he was strongly triggered by Paul in getting into the act as the victim had created a scenario that resulted in him being distressed and overcome to the level that it can be fully understood even though the offense is one that cannot be exempted, but would result in fair and informed judgment.

In making a case for manslaughter it is fundamental that the offender holds the Actus Reus for the killing but zero Mens Rea for the killing. This means that in terms of evidence it is obvious that they hold the responsibility of the victim’s death but held no intention that can be identified. In that, it is a voluntary manslaughter in the case when an individual killed with Mens Rea which is a motive to kill or cause harm. In other words, Mens Rea refers to an individual’s familiarity with the fact that their actions are not only dangerous but unjustified. From the facts of the case, both Mens Rea and Actus Reus can be established (Monaghan, 2016). This is because Bill acted because he was provoked by Paul who uttered some offensive terms and his intention when he confronted him was to understand why he got swore to him and his friends. In this case, the Mens Rea is that he wanted to get answers while on the other hand, it is evidentially obvious that his actions led to Paul’s death. It is possible to establish causation from the case. Causation offers ways through which actions can be equated with the resulting outcomes mainly an injury. In Criminal provisions, it is best described as an action or Actus Reus from which certain damages were created in a combination of Mens Rea in cooperating the component of responsibility (Monaghan, 2016).

There are some causation rules that are applicable in the case, to begin with, it is easy to demonstrate the association amid actions and outcomes. In that, Paul provoked Bill who acted in response leading to him punching the victim and leaving him on the ground which exposed him to his death. In addition, the rule human errors are associated with a receding effect are also applicable. This is because Bill was not sober and the fact that he had been provoked and was unable to control his reactions. He made the wrong decision of making aggressive confrontations which were influenced by the encouragements he acquired from his friends to fight Bill. He punched him so hard that he became motionless and after panicking they left him in the traffic lane. In this context, bill and his friends all failed to act and show responsibility for their actions by moving Paul from the road to act in the duty of care and ensure that he is not exposed to the risks of death. The fact that there were some major violations does not imply that that is the major cause of the offense but the fact that negligence played part makes it a felony (Crump, 2015). 

Could Bill Raise Any Defenses?

Bill has the grounding of raising strong defenses even though he cannot avoid the fact that he is responsible for Paul’s death. To begin with, he can raise the argument that he acted on the influence of alcohol and the fact that Paul had provoked him. In this context, bill having not offended Paul in any form the victim created an undesirable situation that leads to emotional hurt which triggered the fight. On this ground, Bill never acted because he had the motive of causing any physical injury or death but on the ground that he sought to get responses on why Paul had decided on getting swore against them. The crime is not, however, relevant to a murder charge on the ground that it was driven by anger. Due to the provocation that Bill acquired from Paul’s utterances this di not only impair his judgment of the situation but also lost sensibility of the situation. On the ground that he was a bit intoxicated he had not reasonability which forced him to act in such a rush style after losing control of the situation. Even though he believed that causing him pain would force him to give him answers he had no intentions of killing him but the victim was overcome by the blows which left him motionless and scared the group.

From such defenses to be considered feasible, Bill must justify his actions beyond any hesitation that his actions were never intentional. On the other hand, this can best be demonstrated that the fact that he was drunk and angry hindered him from making reasonable choices and opted to confront the victim as the easiest method (Stubbs, 2016). These facts are relevant and easy to identify the case. This is because Paul came from the bar while bill and his friends were slightly intoxicated which is well indicated by the fact that they talked loudly and his friends encouraged him to engage in a fight which he did not resist because he was not reasonable. This means that he was not only unable to act reasonably but also failed to account for his actions and the associated threats which he was supposed to do. It is evident that a reasonable person would never turn blindly to killing another on the ground that they are verbally offensive (Stubbs, 2016). This is because most people when drunk can be unreasonable and such situations are expected. However, for Bill, he was unable to overcome these challenges since he was drunk as well which hindered his reasoning abilities.

Overall Discussion

In summing up, the case is associated with some controversies but the facts are rather clear. In my opinion, I believe that Bill is likely to get a conviction because the offense is one that cannot be exempted. Even though, he was not intending to kill Paul his actions and negligence resulted in death. However, the most probable charge is that of manslaughter on the ground that he never pursued to kill but caused severe injuries to the victim which in turn led to his death. I believe that the Mens Rea of the case is a traceable one along with the Actus Reus. This is because the defendant cannot deny that by attacking the victim he had exposed him to dangers even though his intention was to understand why Paul was bitter. Paul provoked the defendant thus forcing him to aggressively attack him due to anger. The defendant did not demonstrate any duty of care because the victim was left on the road which was dangerous and since he was in a critical condition he was run over by a passing truck. In paying for such an offense, Bill is likely to acquire a manslaughter conviction for the death of Paul on the account of negligence and law violation.

References

Allen, M. J. (2015). Textbook on criminal law. Oxford, United Kingdom: Oxford University        Press.

Crump, D. (2015). Assaultive Felony Murder: Homicide with Intent to Cause Serious Injury. Santa Clara L. Rev., 55, 247.

Monaghan, N. (2016). Criminal law. Oxford University Press.

Stubbs, J. (2016). Murder, manslaughter and domestic violence. Homicide, Gender and Responsibility: An International Perspective, 25, 36.

Case studies

Assignment 1

Foster Pharmaceuticals: case review receivable management
With respect to the data collected and recorded in the excel spreadsheet; the first issue that can be acknowledged is that the customers have been paying slowly. Despite that, it can be depicted that the average collection period is relatively shorter in the second quarter. The reason for that is because of the fluctuation in sales. Since aging schedules somehow provides incorrect signals, it implies that in case sales fluctuates or show seasonality, it is important to compare the first quarter of the previous year with that of the following year (Khan & Jain, 2004).  The assumption here is that the first quarter will always display the same trend or seasonality.
In comparing the uncollected balances as of the end of March and June for the first and second year, it is important to consider using receivable to sales ratio. This is because it is the best one when sales keeps on varying. In this case, differences between sales are brought about by sales and not the rate of payment when comparing payment patterns of each month. For example, in case the sales are kept steady, the increase in receivable to sales ratio during the month of March and July implies that the consumers are settling their debts slowly (Shim & Siegel, 2008). For instance, in case the ratio obtained at the end of June is 80%, it implies that payments are made much faster. Despite that, this is too odd because it doesn’t add up to 100%. Considering the quarterly carrying cost of the receivables for each customer, it means that any value which is above 100% suggests that the business offers liberal payment period. Also for the value which is below 100% it means that the business has been experiencing shorter payment period. 

When the gross profit margin for any receivables is lower, it means that the carrying costs will be higher. Equally, depending on the firm’s receivable collection time and sales mix, different clients produce varying carrying costs. Thus, this implies that the Large Retail Chain 2 doesn’t produce the slowest payment pattern or the highest sales percentage, but by combining the two is what will be the highest (Salek, 2005).  To the management authority of this organization, it implies that the driving force is not the client with the maximum forecast of sales i.e. (Larger Retail Chain 1) or the one which with the lowest collection time (Regional Drug Store).  This illustrates that what matters most is the combination of sales and the upcoming collection period.

Nonetheless, always business organizations want their clients to settle their debts fast. Equally, the customers do prefer to make payment slowly or when they are able to do so. Therefore, considering the data in the excel spreadsheet; there are various strategies that they can implement. One of this is that the business can decide to increase or offer discounts for those customers who make earlier payments. The impact of this technique will be depending on the amount of discount to be offered. Secondly, the management can equally decide to tighten its current credit policy through demanding minimum payment period or shortening it (Khan & Jain, 2004). 

Furthermore, the hospital needs to take into consideration the existing value of the revenue and the existing value of their cost. In case the firm’s outstanding debt balances are with few and significant clients, it can opt to take into consideration the impacts of upsetting them through changing the cash flow speed. With the increase in sales, the receivables collected will also differ (Shim & Siegel, 2008).

Despite the fact that a large percentage of the receivable management of the firms is computerized, each individual has his or her own system. This is what compels the health care professionals to employ complex computerized systems. Similarly, the physicians will be forced to have to be in the position of maintaining a large number of specialists to assist in operating the systems. With such a systematic change to this organization, it will be advantageous because it will enable the management authority to tie its economics and investments together (Salek, 2005)

As from the above illustrations, it is clear that carrying costs of the accounts receivables increases with the increase in the interest rates. Because of that, it is important for the management authority of Foster to ensure that they tightened its credit policy so as to encourage customers to make faster payments. For slow payments, it means this strategy will give the firm the ability of reducing pressure brought by inflation since its rate of spending or buying will be low. Despite that, the firm will also experience the reduction of profit because of decline in sales as the slow paying customers opt to leave (Khan & Jain, 2004). 

Finally, based on the data collected, there are various things which can be taken into consideration. First, sales fluctuations and seasonality should not be depended upon because it cannot offer a clear picture regarding the aging schedules and the average collection period.  Therefore, in the process of analyzing, for instance, sensitivity analysis, it is important for the management authority to take into consideration fluctuation in sales and perhaps smooth sales. This is important because it gives enough time in scrutinizing other issue regarding receivable policy (Shim & Siegel, 2008). With Foster, it is imperative to take into account the impacts of its two large retail chains and not the smaller ones. Lastly, the firm should take into consideration all the challenges it will face when using aggressive collection approaches including the community and patient relations.

Assignment 2
Methods of cost controls in health care reimbursement models and how the methods have affected the availability of services.
1.    Describe the methods reviewed.

1. a) Capitation – refers to a form of payment arrangement made for various health care services professionals, such as, nurse practitioners, physician, and so on. With it, group of physician or an individual physician is paid a certain amount of cash for each and every enrolled person they are assigned to, for certain duration, whether he or she is seeking health care or not (Liddy et al., 2014). The health care providers are usually contracted by the independence practice associations (IPA). These organizations assist in enlisting the health care professionals to care for health maintenance (HMO) enrolled patients. The remuneration for each physician is generally based on the anticipated health care utilization by the patient regardless of whether the patient visits made are more or less. Despite that, greater payments are made by patient/s with significant clinical history.

Moreover, per member per month (PMPM) approach is used to assist in assigning the patients to health care professionals depending on their lifestyle, sex, race, age, and so on. Similarly, with this model, it is paramount for health care professionals to ensure that they have assisted the patient or patients they serve to avoid costly tests and procedures. This has the potential of making them maximize their reimbursement. This implies that specified services are the ones which are paid for on the basis of capitation (Liddy et al., 2014).

Aggregated caps _ this refers to the amount which is set by the Centers for Medicare and Medicaid Services (CMS) each year to assist in figuring, in aggregate, the maximum amount which the hospital will be compensated for the Medicare hospice services. Moreover, this model assists in limiting the total aggregate payments any hospital can get each year. In this case the number of health care beneficiaries for a specific hospital’s cap year is determined through totaling the fractional or whole share of the individual beneficiary who received it (D.H.H.S, 2016).
2.    How have the methods affected the availability of services?

With capitation, one of the effects it has is that it ends up creating conflicts of interest between incomes of physicians and the expectations of patients as far as their treatment is concerned, particularly to those who are chronically ill. Health care providers have also realized that this model have the potential of making them resent their clients because of various financial reasons. Likewise, the loss of satisfaction and trust makes patients to their physicians to the loss of confidence in the services provided (Liddy et al., 2014). On the same note, capitation results to reduced office visits as well as long waiting time for those patients who had booked appointments with concerned doctors. The impact of this is that it increases patient switching from one hospital to another.

Conversely, aggregated caps end up restricting the amount of payments that hospital collects from Medicare after the end of twelve months. Additionally, despite of the manner in which this model assists a large percentage of patients, the truth is that the manner in which the aggregated cap is computed and the risks associated with the repayment period incentivizes hospitals coming closer when the cap is ceiling. At this point, existing patients get discharged before the cap year has ended (D.H.H.S, 2016).

References

DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services. (2016). Hospice Payment System. Retrieved 3 December 2017, from: https://www.cms.gov/Outreach-and-Education/Medicare-Learning-Network-MLN/MLNProducts/downloads/hospice_pay_sys_fs.pdf

Khan, M. Y., & Jain, P. K. (2004). Financial management ; Text, problems and cases. New Delhi: Tata McGraw-Hill.

Liddy, C., Singh, J., Kelly, R., Dahrouge, S., Taljaard, M., & Younger, J. (2014). What is the impact of primary care model type on specialist referral rates? A cross-sectional study. BMC Family Practice, 15(1), 22. doi:10.1186/1471-2296-15-22

Salek, J. G. (2005). Accounts receivable management best practices. Hoboken, N.J: John Wiley & Sons.

Shim, J. K., & Siegel, J. G. (2008). Financial management. Hauppauge, N.Y: Barron's Educational Series.

Under Armor Case

 Competitive forces in Under Armor Inc have provided the ability to compete in the market.  Even though rivals such as Nike and Adidas are presents in the competitive market with a strong power, Under Armor competitive forces have increased growth.  In 2015, Nike and Adidas had $30.6 and $18.8 sales respectively while Under Armor had $3.9 (McFatter, 2017). This show that rival sellers in sports apparel and footwear industry have a strong power  which allows them to sustain their competitive edge in the market or in other words, Under Armor  success is hindered by the  rival of sellers. However, Under Ramous is doing well in the competitive market and this is a result of implementing the strategy of brand image and developing external market (McFatter, 2017).  Even though Nike and Adidas have the economies of scale, Ander Armors is in a good position since it has growth opportunities in future. The porter’s five forces are shaping the Ander Amours competitive position in these ways;

Threat of new entry

  New entrants have brought a big challenge to the market since technology has given giving them an opportunity to participate. New entrants have also created a strong loyalty though they need long-term strategy to be able to compete with big companies (McFatter, 2017). However, Under Armors is able to put barrier to new entrants through product differentiation and unique innovative performance. The company also minimizes switching cost in product differentiation.

 Threats of substitutes

 There is a high growth of threat of substitute and the root cause of this is   the technology and segmentation of market in globe.  Foot ware, sports and athletic apparel are segmented all over the world where they are using technology to recreate products. However, these companies do not produce quality products as they fails to conduct research and development (McFatter, 2017). Thus, Under Armor is able to compete with other big companies by conducting research and producing high tech products demanded in the market. Under Armors sell quality products to the right customers while   informing the customers the technology the use (McFatter, 2017).

 Supplier power

 There is a low bargaining power of suppliers in the Ander Armor since it has limited suppliers who work with a common goal in using the advanced technology and multi-level manufacturing. The suppliers and company work together with a high standard of conduct while using low costs (McFatter, 2017).

 Buyer power

  Buyers in Ander Armor have a moderate bargaining power. The company maintains its customer through implementing marketing effort, brand loyalty, unique brand image, product differentiation and technology. The company is able to increase the operating costs in meeting the customers’ demand.

  Under Armor   have core competencies which provide power and strength of achieving a competitive advantage and maintaining the competitive edge (McFatter, 2017). The company has created a global presence through selling high quality products which align with the advanced technology. The companies sell unique products that other big companies are unable to manufacture. For example, athletes access quality, lighter, comfortable and favorable footwear (McFatter, 2017). Athletes can wear the footwear during all seasons such during hotter temperature, colder environment and normal condition.  Under Armor also value ethics and this allows the business be committed and to produce high quality products. The company also show core competency on marketing strategies, its quality products are highly demanded globally due to the company’s logo. The company uses innovative synthetic, marketing; research and development to ensure those customers’ needs are met with high quality products (McFatter, 2017).

     Even though big companies in modern markets have core competence, Ander Armor’s core competency looks distinctive. This is because; the company is able to use the advanced technology to increase growth. In addition, it uses new technology to improve the product line, market visibility on research and development and brand exposure in the competitive market.  Technology provides the strength to offer quality products, maintaining competitive price despite the higher demand. The core competencies and strength which make the company achieve a competitive advantage and provide high quality unique products are unique brand image, high standards and commitment, multiple product line- designed to meet needs of customer globally, financial stability-growth development and a stable competitive position (McFatter, 2017). However, the company has some weaknesses that will hinder success. For example, there are limited production facilities and man power where it has outsources business and this is hindered its ability to meet the high demand.  

 In financial performance, Under Armor has increased its net revenue by 170% in from 2011-2015, and net income which have been brought by high production and high cost (McFatter, 2017). The substantial investment has increased the total return on assets and more important, the company does not need to borrow to sustain growth money given that it has a low debt to assets ratio. Financial performance is promoted by celebrity endorsement where individuals advertise brand to athletes. Cash and company values are high due to the rise in stockholder’s equity and assets (McFatter, 2017).

Recommendations

 Kelvin Plank, the CEO in Under Armor should try and achieve the possibilities of business growth in the globe. In other words, he should take a step outside the normal limit and think of expanding the business with specialty items with the help of advanced technology, research and development (McFatter, 2017). While expanding globally, Kelvin Plank should value women or family in general. Give women an opportunity to purchase quality products   for their family.

In strategic plan, Ander Armor should focus on growth strategy through product and market development. Second, the promoting strategies such as product presentation will give customers the opportunity to value and purchase products.  Given that the company has 17,000 retail facilities, it should look for distribution strategy such as wholesale, product licensing and more (McFatter, 2017). To main the competitive edge, the company should implement product design strategy. In addition, it should maintain a quality assurance by looking for additional sources and inventory management.

Reference

McFatter Constance. (2017). Case 8 Under Armour’s Strategy in 2016 – How Big a Factor Can the

Company Become in the $250 Billion Global Market for Sports Apparel and Footwear?

Case Study 2: I Pledge Allegiance to the Flag

Introduction

America owns a loyalty pledge that is usually recited during national gatherings as well as different gatherings in the learning institutions. Politics and religious conviction have been major fuels for sensitive and worthy discussions in the society today. Recitation of the loyalty pledge normally strengthens allegiance in regard to the republic of America as well as the national flag. The initial pledge enactment occurred in 1922 but was later modified after a period of 30 years in order to incorporate the slogan under God (Ankeney, 2011). Although the loyalty pledge as grown to be a significant part of today’s American populace over the last years it has generated controversies in compound events in regard to the significance and necessity for the recitation of the pledge. Despite, the presence of several sentiments in regard to the American pledge its relevance is highly questioned by some individuals (Ankeney, 2011). In regard to Elk Grove Unified School District v. Newdow, the American Supreme Court was subjected to a major question in the quest of establishing where the necessity to loyalty pledge recitation was constitutional. In addition, the court was objected on determining whether the slogan Under God was in any way constitutional (Jurinski, 2004). This paper will, therefore, examine the United States allegiance pledge via the eyes of the Supreme Court’s ruling in regard to the case of Elk Grove Unified School District v. Newdow

Summary of Salient Points

The American Supreme Court held a hearing for a case of Elk Grove Unified School District v. Newdow in 2004 (Jurinski, 2004). The petitioner in this case Mr. Newdow was challenging the policy regarding school districts on the recital of the national pledge and the court sought to determine whether the policy was violating America’s first amendment. After the examination, the court refuted the general observation by the federal court in relation to the domestic issues as presented by Newdow given that a prevail had already been made by a family court in regard to protecting Newdow's child legal privileges (Jurinski, 2004). Elk Grove Unified School’s board, an educational institution in California had provided compulsory requirements for all learners attending elementary learning to generally recite daily the allegiance pledge (Jurinski, 2004). A young girl from the elementary institution whose father was the petitioner by the name Newdow was motivated by his religious beliefs as an atheist. Based on his religious affiliation, he had an issue with the general incorporation of the term Under God in the American allegiance pledge.

Newdow asserted that including the term in the loyalty pledge and the mandatory necessity of daily recitation by students violates individual’s religious privileges. He stated that the mandatory operation in which his child participated voluntarily constitutes of religion based indoctrination of the innocent child (Jurinski, 2004). On this basis, he had filed a case on behalf of his child acting as ‘’next friend’’ in California’s federal district court. Newdow held that the inclusion of the phrase primarily violated the American first amendment (Jurinski, 2004). However, the magistrate ruled that the pledge was constitutionally supported a statement that was embraced by the district court thus dismissing the petition. The case was reversed by the Supreme Court stating that the defendant was acting as the child’s parent in challenging the practice that interfered with the direct privileges of the child’s religious learning and that the policy of the institution violated the Clause's establishment (Jurinski, 2004). However, the child’s mother filed a contradicting case in dismissing the declaration holding that she held limited lawful custody under a court ruling and therefore as the single custodian, she felt that it was against the interest of the child to engage in the law suit filed by the father. However, the custody did not limit Newdow as based on Article III he held the right of exposing his child to his specified religious beliefs even though they opposed the mother’s view (Jurinski, 2004). However, reciting the pledge in a compulsory nature can be interpreted as a limitation to certain persons with different religious beliefs. In this case, it is apparent that despite the fact that the allegiance pledge reciting is not a religious matter it affects religious privileges but it is more of a patriotism matter.

Levels of the Court for the Case

The initial court level for the case is the California’s district court which was ruled by the magistrate by summing that the allegiance pledge was supported constitutionally and discharged the case. The respondent later headed to the Ninth Circuit in search of the District Court’s ruling reversal (Jurinski, 2004). The ninth circuit concluded that Newdow as the father had the right to challenge the pledge recitation based on his religious faith. Under the law observation, he had the right to expose the child to his religious faith as the father. However, based on the opposition suit by the mother as the sole custodian the case was moved to the Supreme Court. The court ruled against Newdow under the statement that he held no right to perform as the lawful representative of the child even as the father (Jurinski, 2004). 

Supreme Court’s Decision

After the case went through the mentioned court levels, the case was accommodated by the Supreme Court. However, based on the lawful custody of the child the court held that Newdow did not possess any privilege to perform as the Next Friend for the child (Bishop, 2007). In that as parents they held mutual child’s custody by that of the mother was more in regard to rights and raising the child (Bishop, 2007). Given that the mother was not against the pledge of allegiance recitation at the child’s school and the Under God terminology it was established that the father did not own the right to challenging the child’s deliberate participation in recitation (Bishop, 2007). The usage of the phrase which the defendant held to be a religious issue was established to be constitutional given that the use of the term is not strategic but as a symbol of patriotism.

Fundamental Impact That the Court Decision On American Society

The court’s decision in the case impacted the American society significantly. In that prior to the progression of the case, there were concerns in regard to a mandatory recitation in national ceremonies and in learning facilities which are still present (Marzilli, 2003). However, this case transformed the perception of most given that the pledge proved to be a patriotic issue rather than a religious one. The constitution respects every individual’s faith and for those that do not believe in God, it seems to violate this privilege (Maclure & Taylor, 2011). In this context, it creates concern on the interference of individual’s faith where most individuals tend to believe that the reciting in schools should be eliminated given that it violates the American first amendment. On the other hand, there are those that are not affected. The pledge should not be viewed through religious eyes but as a respect and patriotic symbol for America where unity is of the essence (Maclure & Taylor, 2011).

Whether Recitation of the Pledge of Allegiance Is a Religious Issue or a Sign of Respect for the United States

I believe that reciting the allegiance pledge is not a religious matter but it is a major sign of respect for America as a nation. In that, the terminology Under God which is perceived by most as a symbol of religious prayer is insufficient as such given that it does not make any specifications. In other words, the phrase can best be categorized as a ceremonial or national observation for respect.  The pledge seeks to increase unity and affirms patriotism given that the American land is for all its citizens and therefore, it necessitates some respect (Maclure & Taylor, 2011).

Whether Public Schools Should Be Permitted To Recite the American Allegiance Pledge

    In my opinion, I do believe that public schools in the United States should be permitted to recounting the allegiance pledge. This is because despite the religious and political debates question the significance of the practice the pledge is objected to affirm individual’s loyalty to the nation as well as paying respect to the individuals involved in the fight to acquiring liberation. The pledge is a demonstration of patriotism as well as commitment for the American citizens (Brady et al, 2012). More so, it does not violates individual’s rights given that it seeks to enlighten and create a sense of incorporation.  In addition, it is a national peace, harmony as well as freedom symbol. It therefore seeks to strengthen the beliefs of the citizen in the Supreme Being as the founder of the universe. It does not therefore seek to alter individual’s belief rather it is a symbol of unity and respect for religion and supreme God. However, the pledge reciting particularly in the learning institutions should not be made mandatory given that it disrupts persons with distinct religious beliefs (Brady et al, 2012). Therefore, mandatory reciting violates individual’s privileges in regard to religious faith.

ReferencesTop of Form

Bottom of Form

Ankeney, K., & National Center for History in the Schools (U.S.). (2011). Bring history alive!: A             sourcebook for teaching United States history. University of California.

Bishop, R. (2007). Taking on the Pledge of Allegiance: The news media and Michael Newdow's Constitutional challenge. Albany: State University of New York Press.

Brady, K. P., Brown, F., Cattaro, G. M., Donahoo, S., Eakle, A. J., Eckes, S., Hunter, R. C., ... Thro, W. E. (2012). Debating issues in American education: A Sage reference set. Los Angeles: SAGE reference.

Jurinski, J. J. (2004). Religion on trial: A handbook with cases, laws, and documents. Santa Barbara, Calif: ABC-Clio.

Maclure, J., & Taylor, C. (2011). Secularism and freedom of conscience. Cambridge, Mass: Harvard University Press.

Marzilli, A. (2003). Religion in Public Schools. New York: Infobase Pub.

            Case Study on Moral Status

            Introduction

Technological advancement has led to the possibility of detecting health abnormalities prior to the birth of a child which generates rather challenging decisions, particularly for the medics and parents given that the decisions are rather severe ones (Healy, 2014). There are several theories that can be utilized in reference to the moral nature of the fetus that can be implemented when making respective decisions after the discovery of the abnormalities. In the present case, Jessica, Maria, Wilson the Doctor and Marco all hold varying views in regard to the most suitable action to apply in reference to the different moral status theories. As parents, Marco and Jessica are required to decide on whether they agree or not to terminate the fetus in regard to the detected abnormalities.

Moral status can best be described as the means of specifying aspects based on individual’s beliefs in reference to moral obligations (Healy, 2014). The decision is to be grounded on the rationale whether or not the fetus is connected to any moral status while weighing with the recommendation as a moral act (Healy, 2014). This can thus be broken into several theories which are a moral agency, relationships, cognitive aspects and human aspects. Jessica is tangled amid her desire to acquire financial steadiness and belief for life’s value. To her, she holds the belief that life is particularly sacred and therefore as the mother, she has the obligation to offer support which illustrates the association with relationship theory. Her religious religion confuses her even further given that her religion does not support abortion. In this context, she acts as a moral mediator in that she is mainly acting for her independence in ensuring that she makes the most appropriate decision. This additionally, connects with the theory of moral agency given that she is directly related to the fetus and therefore should act for the general wellness of both.

On the other hand, Marco perceives that having an abnormal child as a psychological and financial burden for both which demonstrates that he believes in financial stability over the fetus. However, despite his beliefs, he states that he is ready to support any decision that Jessica makes. Despite the fact that he is particularly concerned with the burden that the abnormality of the child will present he is certain about offering the needed support to Jessica. In this context, it is apparent that the moral nature of the child is bound to change based on Jessica’s decision. The moral status mainly drives the abortion decision given that the fetus, although not born, has the capability of acquiring pain (Erin & Ost, 2007). therefore the mother is highly obligated to taking care and protecting the child without forgetting that she also has an obligation to God given that one should never destroy life.

Dr. Wilson has fulfilled his responsibility by giving the family the existing alternatives but seems to mainly hold a belief in abortion based on his health knowledge regarding children disabilities and the general psychological and monetary burdens to the family in general.  In this context, Doctor Wilson utilizes the cognitive properties theory, this holds that in having the moral nature one is fully necessitated to fully demonstrate an increased level of rationality and consciousness in which the fetus lacks. In this context, the fetus is considered to be lacking the moral obligation to decide and therefore the mother is responsible (Scott, 2017).

Under the cognitive properties theory, the fetus lacks the moral nature which makes it right to conduct an abortion. On the other hand, Maria is involved in begging Jessica to account for her obligations as the mother which means that she should respect God’s mission.  This additionally fits within the relationship theory. In that since Jessica should sustain his relationship with God which implies that performing the abortion is not right. This also relates to the divine theory which holds that God should be respected at all times and holds the right in regard to deciding in reference to ethics (Scott, 2017). In regard to a moral agency it is apparent that the fetus does not possess any moral knowledge and therefore the decision made by the parents is to be accounted as the most suitable. In that, it mainly relies on the individual’s beliefs which are different but objected to making the most suitable alternative.

Conclusion

From the case study, it is apparent that the four persons and the author possessed differing values in regard to human life. Based on Christian beliefs the author holds that abortion acts against Christ’s teaching and is therefore immoral. However, the practitioner’s religious or cultural beliefs should not at any given period drive the patient’s decision. In this context, the physician is obligated to providing unbiased information which seeks to safeguard the wellness of the patient while upholding healthcare safety and quality. In this case, the decision depends on Jessica given that as the mother she is directly connected to the fetus.

References

Erin, C. A., & Ost, S. (2007). The criminal justice system and health care. Oxford: Oxford University Press.

Healy, K. (2014). Social work theories in context: Creating frameworks for practice. Hamsphire.

Scott, P. A. (2017). Key concepts and issues in nursing ethics. Springer.

Case Study 4: Joran van der Sloot

A sexual deviant is an individual who is capable of finding pleasure in sexual activity that is abusive, unnatural or rather abnormal (Clinard & Meier, 2011). This, in other words, is an individual who acquires pleasure by enjoying pain as the excitement. From this rationale, it is apparent that sexual deviant is an accurate term that best describes Van Der Sloot. In that, despite the fact that he was literally causing pain to others he would, in turn, establish pleasure in his violate sexual activity based on the hurting of others.  This is an abnormal behavior which is against the socially accepted conducts.

Joran Van Der Sloot turning point into the deviant behavior can be acquired from several grounds based on his conduct both in Peru and Aruba. However, despite the several points, one major one that influenced his engaged in the deviant actions was the fact that he was a privileged child. He was allowed to spend 5,000 dollars as his credit allowance under his father’s name and authority. This offered him the opportunity where he would spend without any kind of limitation. Being privileged implied that he was entitled to almost every right and this separated him from the actual world where he never got to understand about others feelings. The presence of momentary and freedom allowed allows one to act without any consideration of moral or even legal consequences (Helfgott, 2008). In addition, from an unknown source, the police were informed that he had acquired the reputation for raping girls after slipping drugs in their drinks to enable him to take advantage sexually. The third point was after he had posted messages on the online platform asserting that he was Holloway Natalee’s killer. The horrific details that he gave regarding Stephany Ramirez and Natalee’s murder denotes an additional turning point. He claimed of killing Ramirez on the ground that she had established some murder tying details in his regard.

I believe that Joran’s privilege of birth permitted a murderer to walk free amongst other citizens. This is because based on his privileges he was well connected and therefore he was being guarded against facing any legal consequences for any of his deviant actions. Sexual deviant offenders based on research shares some similar characteristics that can be essential in understanding their actions (Clinard & Meier, 2011). The two sexual deviant characteristics that suit Joran are the lack of empathy to the victims and poor self-management and coping capabilities. Joran as a sexual deviant and murderer demonstrated empathy shortages. This concept normally incorporates putting oneself in a different person’s position in literal speaking or the general capability to sense what the victims might be feeling. Joran lacked the empathic ability in general, as he acquired pleasure in their own suffering and failed to account for their feelings. It is rather abnormal for an individual to acquire pleasure from sexual abuse which demonstrates his lack of empathy.

In addition, when looking at his actions it is apparent that he lacked healthy coping skills. In that, he had difficulties in the appropriate management of emotions. Individuals that are highly impulsive and have the tendency of not thinking carefully in regard to the consequences of their actions prior to acting and had difficulties in resisting their sexual urges and defies people sexual on several occasions (Ward, Laws & Hudson, 2003). His proper coping skills and the thoughtless conduct led to him killing victims of his sexual deviance without accounting for their well-being or his actions. Based on the warning signs that were demonstrated in his behaviors and through parental supervision Joran would have acquired clinical intervention which would have prevented the predominance of deviant and his life’s legal outcome.

The two major reasons that are contributing to societal attitude transformation in reference to the sexual behaviors that are deemed as acceptable include lifestyle changes and the influence of modernity. Due to the changes of lifestyle individuals now exists on individualism rather than communal basis and thus personal choices are no longer judged based on societal norms. Based on modernity which is associated with sexual orientation every individual based on the constitutional ground is entitled to sexual choice without being judged by either cultural, social or even religious standard. These changes have resulted in the general rise of sexual crime based on the freedom of choice and the shortage of moral guidelines. Legal freedom offers justification to various behaviors that were previously considered as deviant (Laws & O'Donohue, 2008). In this context, the rate of sexual deviance in the United States is rapidly increasing.

Conclusion

Sexual deviance is a crime because it is an action that is against both legal as well as social standard. However, socio-economic and legal privileges are the major contributions to the rise of the behavior which has, in turn, led to the change of attitude held by the public. Joran lacked empathy and coping skills which who have been resolved medically before the behavior become a dominant one.

References

Clinard, M. B., & Meier, R. F. (2011). Sociology of deviant behavior. Belmont, CA: Wadsworth Cengage Learning.

Helfgott, J. B. (2008). Criminal behavior: Theories, typologies, and criminal justice. Los Angeles: SAGE.

Laws, D. R., & O'Donohue, W. T. (2008). Sexual deviance: Theory, assessment, and treatment. New York: Guilford Press.

Ward, T., Laws, D. R., & Hudson, S. M. (2003). Sexual deviance: Issues and contreversies. Thousand Oaks: Sage Publications.

Starbuck case

Conclusion

The transformations adopted by Starbuck Corporations were informed by the need to improve performance of the company and to deal with different challenges in the dynamic and competitive market. The firm adopted strategic planning and decision making that introduced changes on overall performance, employee engagement and leadership culture. After adopting these changes that involved product diversifications, the management hoped to gain the ability to increase income generation at a rate that is higher than revenue generation. The achievement of this capacity seems to indicate that the company has attained consistency in delivering good results. While it seemed like the firm had succeeded in attaining an effective winning strategy, questions abound relating to whether the company can utilize its strategies to counteract the slowing of its major U.S coffee shop business. The other issue is whether the company can manage to face of a growing number of competitors in the industry whose products are more customers focused.

To address these issues the company should not wait take reactionary measures like before after performance was affected. To address the declining U.S coffee shop business, the company should implement proactive strategies aimed reversing the declining business through arresting the situation before it gets out of hand. To do this the firm should conduct market survey to determine the reason for the decline in its coffee market demand and come up with real time solutions that will improve its position by increasing market share. Achieving the desired goals requires management to carry perform a qualitative measure on customer satisfaction and use the results for corrective decisions (Jakhotiya, 2013). To deal with the growing number of competitors, the business should use the various strategic tools and planning it adopted to gain competitive advantage through customer satisfaction.

Reference

Jakhotiya, G. P. (2013). Strategic Planning, Execution, and Measurement (SPEM): A Powerful Tool for CEOs. CRC Press.21-27