Abortion Essay Example for Free

Abortion Essay There’s a lot of speculation going on right now about whether or not abortion is ethical. Many people believe that there should be laws against it, that it should be banned entirely. Thousands spend time protesting abortion, stating that it is a sin, and that it is the same as murdering a child. However, the majority of those who claim these things don’t have their facts quite right. When an abortion is performed, the fetus is in a very early stage of development. Most brain cells are not yet developed, and this means that the fetus cannot feel pain. The â€Å"silent screams† that those who oppose abortion often mention are nonexistent. Fetuses cannot scream, move, or feel at this point in the pregnancy. Additionally, aborting a fetus is certainly not the same as murdering a fully-developed, self-sufficient child. At this stage in a fetus’ development, it is entirely unable to survive outside of the woman’s womb. It is incapable of breathing as well as conscious thought. It is not yet a child, but merely a developing organism with the capability of becoming one. Abortion should be kept legal. While I do not think it should be used as a standard form of birth control, it definitely needs to remain an option. What if you found yourself pregnant after being a victim of rape? Just imagine trying to provide a quality life for a baby while you’re so young yourself, especially seeing as you aren’t pregnant as a result of your own decision, but because of some cruel person’s actions. Why should that child have to grow up to have a life in either a struggling one-parent household or an orphanage? If we get some of the facts out there, I believe that people might begin to see that abortion is really not such a sin. Maybe when others start to realize this, some of the laws in certain countries that do not allow abortion will be lifted. After all, is it not a terrible thing to have tons of children living their entire lives in poverty? Think about this for a second: what’s better, terminating an undeveloped, non-autonomous fetus, or watching a child slowly die due its young parent’s lack of income?

How slaves were affected Essay Example for Free

How slaves were affected Essay When the African Americans were introduced to slavery, they didnt accept what was happening to them and how they were being treated, but as time passed working for their masters, not only physical, but mental abuse took its toll and soon they began to believe the way they were living was normal and alright. Punishment played a giant role in slave life. It showed the consequences of not doing what was asked or disobeying their master thus instilling fear in every single slave the owner possessed. Charity Anderson recalls, But honey chile, all white folks warn t good to dere slaves, cause Ise seen poe niggas almos toe up by dogs, and whipped unmercifully, when dey didnt do lack de white folks say. Mary Reynolds remembers, I seed them put the men and women in the stock with they hands screwed down through holes in the board and they feets tied together and they naked behinds to the world. Solomon the [sic] overseer beat them with a big whip and massa look on. The niggers better not stop in the fields when they hear them yellin. They cut the flesh most to the bones and some they was when they taken them out of stock and put them on the beds, they never got up again. These two accounts show just what these poor slaves had to deal with. They were constantly watched, and felt that if they just as much as gave a superior a wrong look, they would be beaten, or even worse, killed. Of course slaves saw this as inhuman but had no choice to obey as their masters said. There is much evidence that shows how quick they learned to do as they were told and after a period of time, many slaves accepted the idea of being just thata slave. This transformation started with the servants becoming fearful. Surviving was a game of smarts, hard work, and willpower. In order to live, slaves would allow their masters to beat and punish them without questioning so as not to risk a painful and senseless death. Snitching on other slaves who planned to escape was a good way to show their masters how loyal they were. Many slaves went as far as calling their masters nice and sometimes even boasting about their masters to other servants on different plantations. These small acts helped many stay alive but living oppressed lives affecting their minds and emotions forced themselves to cope with their sadness. Singing was common among slaves to express themselves and their hardships. Frederick Douglass recollects, They told a tale of woe which was then altogether beyond my feeble comprehension; they were tones loud, long, and deep; they breathed the prayer and complaint of souls boiling over with the bitterest anguish. The servants shared their feelings with each other through these hymns and so it made them strong enough to have the willpower to keep living by obeying and doing as they were told. Dogs lived a better life than many slaves, We had very bad eatin. Bread, meat, water. And they fed it to us in a trough, jes like the hogs. And ah went in may [sic] shirt till I was 16, nevah had no clothes. And the flo in ouah cabin was dirt, and at night wed jes take a blanket and lay down on the flo. The dog was supeior to us; they would take him in the house. -Richard Toler. The serfs accepted that they lived worse than dogs and at this point, it becomes evident that slaves began accepting th e life of slavery. They knew escaping was a bad idea because they would have no shelter, food, or clothes. If they were caught, they would be in the worst kind of trouble so they were forced to keep living the oppressed life. Being beaten and abused had them physically and mentally feeling that they were a lower race. Being intimidated all of the time had a harmful affect and they started to see slavery as acceptable. Their owners didnt allow them to read or write so living with a roof over their head made them feel privileged. Mr. William McNeill says, The escaped slaves were always trailed down by hounds; they never got away, there were always some good slaves to tell on others. I was glad when the slaves gained their freedom, even though we had a large number and lost plenty of money. They made many people rich and got nothing but punishment as a reward. They tell that some of the masters were good but I never did see a good one. This man is one that didnt buy into slavery and kept his mind from being brainwashed like many other slaves. He knew deep down that slavery was wrong and kept the truth in his reality. Even after the slaves were freed, life for them wasnt as great as they hoped it would be and they soon realized that being freed was near as bad as being slaves. Being freed toyed with their minds; just like they became slaves and felt out of place in the beginning, they were put into another  tough position to have to readjust once again. An after, soon after when we found out that we was free, why then we was, uh, bound out to different people. Anall such people as that. An we would run away, an wouldn stay with them. Why then wed jus go an stay anywhere we could. Lay out a night in underwear. We had no home, you know. We was jus turned out like a lot of cattle. You know how they turn cattle out in a pasture? Well after freedom, you know, colored people didn have nothing. Colored people didnhave no beds when they was slaves. We always slep on the floor, pallet here, and a pallet there. Jus like, uh, lot of, uh, wild people, we didn, we didn know nothing. Didn allow you to look at no book. An there was some free-born colored people, why they had a little education, but there was very few of them, where we was. An they all had uh, what you call, I might call it now, uh, jail centers, was jus the same as we was in jail. -Fountain Hughes. This man described how, after being freed, he and his family lived the life that nomads lived. They traveled around aimlessly, trying to find any place they could possibly stay. He described themselves like cattle which was an understatement because cattle could at least count on being fed. They could eat the grass of the land but the newly freed slaves would be lucky if they could find a piece of fruit. The freed slaves had no money, no beds like Fountain said, no education, basically they had nothing to call their own. Living free was as if they were living in jail Hughes thought, and many others agreed. An my father was dead, an my mother was living, but she had three, four other little children, an she had to put them all to work for to help take care of the others. So we had what you call, worse than dogs has got it now. Dogs has got it now better than we had it when we come along. -Richard Toler. Families were torn apart when all members had to work in order for the family to be able to buy the essential necessities they needed to live. Toler said dogs have better lives now than the lives of black families after being freed which shows just how much of a mess the south was in. Many white people did not accept this idea of freeing the slaves so this had many colored people feeling insecure and out of place. Some white people would go out of their way to try and hurt the colored people like the KKK did.  Frederick Douglass talks about the idea of trust in Getting Help from Others He said he met an Irishman who felt it was a pity for Douglass to be a slave. He then told Douglass to run away to the north where he would find friends there to help him. I pretended not to be interested in what they said and treated them as if I did not understand them; for I feared they might be treacherous. White men have been known to encourage slaves to escape, and then, to get the reward, catch them and return them to their masters. Douglass had this distrust when he was a slave but these feelings were carried on even after people like Douglass were freed. They felt they could not trust anyone but their own people. This idea is seen in the Tar Baby story as well. The main purpose of this tale was to show black people that they shouldnt go out of their way to talk to others. It was better to keep their mouths shut and thoughts to themselves because opening up to white folks could only get them into trouble. Since the colored people did not fit in, they kept to themselves which didnt seem like true freedom. Douglass also said in Thoughts of Escape that he and the slaves rather bear those ills we had, than fly to others, that we knew not of. Once he and every other slave was freed, this is essentially what happened. They had to move and re-adapt to new ills and complications which challenged them as slavery had challenged them once before. The whole time being slaves, black people finally started believing that slavery was what they were meant to do and it was alright for them to be treated at a lower level. Setting them free in an unaccepting world with no help or direction forced them once again, to cope with new problems and start a new theory about what it was they were really supposed to be doing or could be doing if it wasnt working and slaving for the white man.

Doctrine of Ultra Vires Effect on Malaysian Company Law

Doctrine of Ultra Vires Effect on Malaysian Company Law Discuss the doctrine of ultra vires and its effect in Malaysian Company Law. According to s18 Contract Act 1965, every company formed should have a memorandum printed and divided into paragraph and with the date stated. In s18 (b) Contract Act 1965, it shows that the requirement of the Memorandum of Association (M/A) required a statement of object clause. The object clause can be used to describe the nature of the business such as manufacturing business, merchandising business or service business. Besides, it also show the company power, its purpose and the legal capacity of the company.[1] Furthermore, the purpose of the object of M/A should be lawful as stated in s14 (1) Company Act 1965. The consequence of unlawful purpose and incompatible to peace, welfare, security, public order, good order or morality in Malaysia will be Registrar of Company will refuse for the registration of the company as followed to s16(8)(a) Company Act 1965. As it has been stated that object of M/A function as recognize the legal capacity of the company, in the same time, it has limited the company which it require the company to act based on the statement. If the operation of the company is different with the object of M/A, ultra vires will be recognized. Ultra means â€Å"beyond† whereas vires means â€Å"power† where ultra vires happened when an act is against the object clause. Although the company want to ratify the act, the act is void at initio. This can be further explained by the common law and statue. However, if the company wants to prevent ultra vires, the company must alter the object clause. There are certain requirement as stated s28 Company Act 1965. In s28 (1) Company Act 1965, it stated that alteration can be made based on a special resolution. Besides, by holding this special resolution, members and debentures holder of the company should be given 21days of notification to the special resolution as according to s28 (2) Company Act 1965. Common Law The doctrine of ultra vires under common law refers to the rules that company must act within their objects clause that is stated in the memorandum of association. Any activity that is outside from the company capacity is void. Neither the company nor the third party could enforce this. In other words, ultra vires act is void and the contract cannot be ratified even if the company wishes to. Under common law, the company’s contract is void due to internal or external context. Externally, when a third party contracting with a company, if the contract was not fulfill the objects of company that stated in memorandum of association, then the contract was ultra vires and void. Internally, if the company and the director enter into an ultra vires contract, the company may immediately stop the act of the director and claim damages from the director who breach his fiduciary duties by entering into the contract which is outside from the company’s capacity. If the company could n ot fulfill the main object in their memorandum, then they would have to be wound up. According to Ashbury Railway Carriage Iron Company v Riche (1875) LR 7HL 653, the case stated that the company’s objects in their memorandum was to make, sell and hire railway carriages. The company entered into contract with Riche and the contract was approved by the shareholders at general meeting, then the company agreed to give Riche and his brother a loan to build a railway in Belgium. After that, the company changed their mind and refused the agreement. Riche sued the company. The court held that the construction of a railway was ultra vires, because construct a railway was not stated in their company’s memorandum of association. Thus, the contract is void because the construction of a railway is outside from the company capacity. Furthermore, since it is outside from the company capacity, so the company could not ratify the contract. Therefore, ultra vires exist and the contract is void even if all of the shareholders approved the contract. From Ashbury Railway Carriage case, we can see that the company could not sue or be sued by the third party for not performing the contract. This is because the contract is null and void. Thus, the company could avoid for not performing the contract and could not be sued by the third party because it is outside form the company’s capacity. Although it seems unfair for the other party but the object clause of a company is available at public for inspection. The other party should have checked whether the company has the capacity to enter into contract with them or not. Need to say if company itself can sue the director and SH? Shareholders pay less concerned on the corporation on how the director corporate as long as the business generates dividend to them. However this will put the creditor in high risk. This is because if the creditors credit sales the goods and services to the particular company, and the company has insolvent in later dates, the creditor could not claim any debts. Common law stated that an ultra vires act is null and void to protect the member or the creditors of the company who has invested the money into the company and expect the investment is only used for the company’s business. According to Cotman v Brougham (1918) A.C. 514, the objects clause of company contained 30 sub clauses, however, the first sub clause stated the company to develop rubber plantations. In the fourth clause, it empowered the company to deal in any shares of any company. Besides, the memorandum also stated that each sub clauses acts as the independent objects for the company. The company underwrote and had allotted to it shares in an oil company. After that, the oil company wound up and their company was on the list of contributories. The question arose is that whether this is intra vires the company’s objects. The court held that the 30 independent object clause in the rubber company’s memorandum was an independent. Hence, the power to deal with the share in an oil company was within the legal power. Therefore, the company is liable for the underwriting. From the Cotman case, the company did not clearly specify the main object where constitution of Memorandum are not limited by using plain business language. Companies could no longer avoid a contract based on the grounds that it was beyond the company objects which they have been done in the traditional ultra vires doctrine. This has increased a wider range of object clauses in the Memorandum as a result of each sub clause is independent which are not interrelated with the main clause. Hence, the object are not restricted to review on the main clause. This has rendered the companies to introduce a standard type of object clause to render almost all potential commercial objectives intra vires. Position under Companies Act 1965 According to s20 (1) of Companies Act 1965, any act or transfer of property that made by the company shall not be invalid with the reason that company dont have the power or capacity to do act. The effect for this section is transaction will become irrelevant with the fact that the company did not have the capacity to enter into it, even though a certain transaction is otherwise valid. Besides, the company can sued or be sued as acts against its object clause. In order to protect the interest of the shareholders and creditors, s20 (2) Companies Act 1965 has provided the remedies to restrain the ultra vires act. According to s20 (2) (a) Companies Act 1965, company is liable if a member of the company or the company itself has issued the debentures are available with a floating charge. The shareholders and debenture holders can sue the company for the taking any action outside the company and they can claimed the compensation from it. Besides, it also stated that the relief of s20 Companies Act 1965, the ultra vires only apply to specific person and not an outsider as refer to Pamaron Holdings Sdn Bhd v Ganda Holdings Bhd [1988] 3 MLJ 346. According to Pamaron Holdings Sdn Bhd v Ganda Holdings Bhd case, the Plaintiff and the Defendant entered into an agreement for sale and purchase of shares in a private limited company. The Defendant defaulted in the payment of the purchase price and the plaintiff applied for summary judgment against it. In opposing the application, the defendant proclaim that among the transaction was ultra vires the plaintiff company. Allowing the application, the court held that under s.20 a person other than a debenture holder or the minister may not raise ultra vires. The defendant being an outsider and not a debenture holder or the minister had no right under the section. The Defendant was liable for not being able to settle the payment of the purchase price. The Defendant also didnt purcha se any shares or debentures from the Plaintiff Company, thus it cannot raise ultra vires. Defendant should purchase the shares or debenture from the plaintiff in order for the defendant have the right to raise ultra vires. From this case, only the person that are sufficient proximate to the company can apply ultra vires. Ultra vires is an action This act will only available to the contract that has been entered, yet to be completed as refer to the Hawkesbury Development Co Ltd v Landmark Finance Pty Ltd ( 1969 ) 2 NSWR 786. According to Hawkesbury Development Co. Ltd v Ladmark Finance Pty Ltd case, Plaintiff holds all of the shares in the Landmark Finance Pty Ltd. Landmark Finance has issued two debentures to United Dominion Corp (UDC). A request has been sent to court by Plaintiff about declaring both debentures to be invalid due that it is a company object ultra vires. Plaintiff also request that the court to prohibit the enforcement of UDC of the debentures. However, application that request by the plaintiff is rejected and the approval of court to void the declaration of the UDC had failed to be obtained. Due that the plaintiffs are the shareholders of the Landmark Finance, the application should make to Landmark Finance instead of UDC is a third party. If the company is make the act of ultra vires by issuing the debentures to the outsiders, the shareholders or debenture holders have the right to sue the company. However, s20 (2) (a) Companies Act 1965 does not given its protection to debentures holders that secured by float charge and creditors who did not have any charge. According to s20 (2) (b) Companies Act 1965, officers are personally liable for any action taken by member of the company or the company itself. The shareholders or the company itself can sue the officers either former or current that who committed any Ultra Vires transactions which must be completed and realized. However, if any law suit against the officer will not affect the validity as stated in s20 (1) CA 1965, the act will be valid to the ground. According to s20 (2) (c) Companies Act 1965, any petition that may conducted by the Minister to the court to wind up the company that had committed ultra vires actions. The court will conducted its discretion when the company has changed the business totally from its original business. According to s20 (3) Companies Act, if any party has suffered any damage or loss due to the unauthorized act or transfer is yet to be performed and to be restrained under s20 (2) Companies Act 1965, the parties who have sustained the damage can be compensated. By comparing the common law and Companies Act 1965, under the doctrine of ultra vires, it is prefer to go for common law. This is because, under common law, the act of ultra vires is null and void, so the company could avoid for not performing the contract which is outside from their capacity. Besides, the company could not sue or be sued by others party just because they did not perform the contract. However, under the Companies Act 1965, it provides completed transactions remain valid as between the company and the third party and both of the party may sue each other. Let’s compare the case of Ashbury Railway Carriage Iron Company v Riche under common law and the case of Hawkesbury Development Co Ltd v Landmark Finance Pty Ltd under Companies Act 1965, we can see that under Ashbury case, the ultra vires are meant to protect the company by voiding the contract because it is outside the company’s capacity. The other party could not sue the company although they had ent ered into the contract because ultra vires exist. Whereas, under the Hawkesbury case, the plaintiff failed to declare the debentures to the third party although it is a company object ultra vires because the plantiff are the shareholders of the Landmark Finance and it should make declaration to Landmark Finance instead of the third party. Conclusion For under the common law, the contract entered by the director of the company or the company itself is ultra vires, the contract is considered void due that it is beyond the companys capacity to perform it. If the contract made by the company with the third party is not fulfill the objects of the company that stated in memorandum of association also considered as ultra vires thus become void. When the contract has become void, the company could not sue or be sued by the third party for not performing the contract. For under the Companies Act 1965, any act that made by the company cannot be declared as invalid by using incapable to perform the act as an excuse. The transactions still remain valid between both the company and the third party that they may able to sue or be sued by each other. Thus, both companies and the third party should consider the capabilities of the company to perform the any act from the contract in order to avoid any ultra vires that may happen and cause the loss to the creditors, shareholders, debenture holders or any related parties. [1] Pg 205 principle of business law and corporation

Essay --

At the age of two years old, Hannah Warren has been through multiple medical treatments. Hannah was born without a windpipe and currently has a new one developed from her own stem cells. Hannah is known as the youngest individual in the entire world to have this particular stem cell treatment. From birth, Hannah could not eat or drink, breathe, or swallow anything due to being born without a windpipe. Hannah has spent her whole life in the hospital. Various physicians informed Hannah’s parents that there was little hope for her to live. Hannah’s parents heard of Doctor Paolo Macchiarini and his work with stem cell developed tracheas. Yet, due to Macchiarini’s institution being located in Stockholm, Sweden; they could not afford to go. The Children’s Clinic prearranged for Doctor Macchiarini to travel to Peoria, Illinois to make the stem cell operation. The stem cells used in this process were from Hannah’s bone marrow. In less than a week, plent y of cells reproduced to create a new windpipe. Throughout the nine-hour procedure, Dr. Macchiarini successfully inserted a three-inch pi...

Metaphysical Poetry - the flea + sune rising Essay -- essays research

Metaphysical poets use startling juxtapositions in their poetry to create a greater significance in their arguments and intended meanings throughout the poem. John Donne is said to be the unsurpassed metaphysical poet, metaphysical poetry being poetry relating to a group of 17-century English poets whose verse is typified by an intellectually arduous style, admitting extended metaphors and comparing very disparate things. In 17th century England new discoveries were being made and social customs such as men being the dominant over women still applied. Through Donne’s poetry we can see that he is goaded and confused by the new discoveries and the social customs avert him from reaching his desires. This is incalculably recognized in his two poems, â€Å"The Sunne Rising† and â€Å"The Flea† where Donne’s arguments challenge some beliefs of the 17th century England. Through â€Å"The Sunne Rising† we gain a sense of meaning that Donne is irritated and perplexed with new discoveries and that he believes his love is everything in the whole world. In â€Å"The Flea† we can see Donne challenging the social costumes of the 17th century, such as chastity of women, his tremendous persistence to sexually unite with the woman and the overall dominance presented over the woman. In both of these poems Donne uses vividly striking differences in the argument to emphasize the overall meaning of the poem. These dramatic contrasts include conceit, binary opposition, imagery, specific words and the movement of the poem, which are additionally affirmed by poetic devices. The â€Å"Sunne Rising† implies that when a couple unearths perfect love together they become one, shaping a world of their own, which has no need for the outside world. He suggests that even the physical laws of the universe must defer to those persons caught up in the larger universe of infatuation. We also see Donne is going through a struggle of the old and new during the poem. In the â€Å"Sunne Rising† Donne uses a number of dramatic contrasts; a contrast of old and new things, beautiful and stunning imagery reflected on his lover, and the movement of the poem to help shape his meaning. In the very first line of the poem, using direct address, Donne states â€Å"Busie old foole, unruly Sunne,† this first line begins one of the meanings presented in the poem; the struggle between old and new things. This struggle is heavily displayed in t... ...elps us to see just how determined Donne is. Another way in which Donne accentuates his meaning is through the poetic devices, rhythm and rhyme. The poem has irregular lines of iambic tetrameter and pentameter. Through the poem Donne varies the rhythm to highlight particular words or phrases, â€Å"mark but this flea, and mark in this† instead of opening with an unstressed syllable as in iambic form; Donne strains the word, â€Å"mark†. This is important in accentuating his argument. The poem follows the aabbbccddd rhyme scheme. This constant pattern mirrors the speaker’s persistence as he proceeds with his demands for intimacy throughout the poem. The dramatic movement and specific poetic devices in this poem successfully help to shape Donne’s meanings and altering arguments. Through both â€Å"The Sunne Rising† and â€Å"The Flea†, the reader can see how Donne has ingeniously employed Dramatic contrasts to shape his meanings and accentuate his arguments. These Dramatic contrasts give the reader an enhanced feeling of place, time and what Donne is feeling. Through each startling juxtaposition, the readers’ attention is renewed and obtained, leading them to find out Donne’s intentions for the poem.

Jury Nullification and Its Effects on Black America Essay -- Criminal

Jury Nullification and Its Effects on Black America   Ã‚  Ã‚  Ã‚  Ã‚  It is obvious that significant improvements have been made in the way that the criminal justice system deals with Blacks during the history of the United States. Blacks have not always been afforded a right to trial, not to mention a fair one. Additionally, for years, Blacks were unable to serve on juries, clearly affecting the way both Blacks and whites were tried. Much of this improvement has been achieved through various court decisions, and other improvements have been made through federal and state legislatures. Despite these facts, the development of the legal system with regard to race seems to have become stagnant.   Ã‚  Ã‚  Ã‚  Ã‚  Few in this country would argue with the fact that the United States criminal justice system possesses discrepancies which adversely affect Blacks in this country. Numerous studies and articles have been composed on the many facets in which discrimination, or at least disparity, is obvious. Even whites are forced to admit that statistics indicate that the Black community is disproportionately affected by the American legal system. Controversy arises when the issue of possible causes of, and also solutions to, these variations are discussed.   Ã‚  Ã‚  Ã‚  Ã‚  Although numerous articles and books have been published devising means by which to reduce variance within the system, the most recent, and probably most contentious, is that of Paul Butler, Associate Professor of Law, George Washington University Law School, and former Special Assistant United States Attorney in the District of Columbia. Butler's thesis, published in an article in the Yale Law Journal, is that "for pragmatic and political reasons, the black community is better off when some nonviolent lawbreakers remain in the community rather than go to prison. The decision as to what kind of conduct by African- Americans ought to be punished is better made by African-Americans themselves."1 The means by which Butler proposes for Blacks to implement these decisions is termed jury nullification. By placing the race of the defendant above the facts of the case, and thus producing either an acquittal or a hung jury, Butler hopes that Blacks will be able to keep a large portion of Black males out of prison.   Ã‚  Ã‚  Ã‚  Ã‚  Although several commentators have voiced criticisms with the ideas of Professor Butler, most ... ...11 See Coramae Richey Mann, Unequal Justice (1993) at 202-3. 12 Morris, supra note 3. 13 Morris, supra note 3. 14 Butler, supra note 1. 15 Michael R. Gottfredson and Travis Hirschi, A General Theory of Crime (1990), at 152. 16 Butler, supra note 1. 17 See William Julius Wilson, The Truly Disadvantaged: the inner city, the underclass, and public policy (1990), at 91. 18 See Kate Stith, The Government Interest in Criminal Law: Whose Interest Is It, Anyway?, Public Values in Constitutional Law (Stephen E. Gottlieb ed., 1993), at 137, 158 19 Randall Kennedy, The State, Criminal Law, and Racial Discrimination: A Comment, 107 Harvard Law Review (1994), at 1262. 20 Morris, supra note 3. 21 Morris, supra note 3. 22 See Douglas S. Massey, America's Apartheid and the Urban Underclass, Social Service Review (December 1994), at 480. 23 Butler, supra note 1. 24 Michael Vitiello, Reconsidering Rehabilitation, 65 Tulane Law Review (1991). 25 Benjamin A. Holden, Laurie P. Cohen, and Eleena De Lisser, Does Race Affect Juries? Injustice with Verdicts, Chicago Sun-Times (October 8, 1995) at 28. 26 Butler, supra note 1. 27 Butler, supra note 1.

Eurodisney Business Case Essay

1) How could the company have erred so badly in its estimates of spending patterns of European customers? * The idea was market Euro Disney as a complete holiday package and encouraging people to stay in the hotels and eat all meats in the complex. * While setting prices the Company was unable to estimate spending patterns of European consumers and competitors price alternatives. Due to the location advantage and incredible accomodation prices consumers prefer to stay in the city center. * Travel time to Paris city center from Euro Disney is only 35 minutes and cost of accomodation in Disneyland is as much expensive as a best hotel in Paris. People prefer to stay overnight in the city center instead of staying in the park. * At the end of 1992, it became clear that the numbers were not being met – there was a recession and people were bringing their own food and not staying in the hotels for many nights. Park admission prices were also very high ($42.25US for adults) * Skimming Pricing: is relatively high pricing strategy. It is tempting where product is highly differentiated. Setting prices assuming that demand will not be determined by price and therefore the price can be high with large profit margins. It assumes inelastic demad curve, which sales will not affected by prices. * Penetration Pricing: Setting prices assuming that demand will increase with lower prices and decrease with higher prices and therefore there are limitations on your profit margin. Elastic demand curve assumption. * Eurodisney saw itself in a monopoly position, and positioned itself in a relatively inelastic demand curve with attracting customers regardless of higher prices. As a result of skimming pricing policy high prices, visitors shortened their stay, avoided hotels abd brought their own food and drink. Many visitors arrived early in the morning, staying late at night or check out early in the morning. 2) Could a better reading of the impact of cultural differences on revenues have been achieved? There were a few cultural blunders made: * A no alcohol policy (wine is customary for lunch and dinner in France) and this discouraged visitors * It made mistakes with predicting the peak periods and had to lay off a number of staff when there were fewer visitors, but France has very strict labour laws so they found this to be very difficult * Disney failed to predict demand for breakfast. They told that Europeans dont take breakfast however demand for breakfast is 10 times more than capacity * Tour bus drivers were not catered for properly, so tour companies did not recommend visiting Euro Disney as much as they would have * In America there is a well-established theme park culture. In planning Euro Disney there do not seem to have been many contingency plans established. The attitude towards customer habits was very complacent, assuming that there would be so many customers every day, each staying an average number of nights spending an average amount of money (for America that might be the case). * Leftist demonstrators against to American culture. They called the Park an American cultural abomination. * Disney management failed to research the culture thoroughly enough 3) What suggestions do you have for fostering a climate of sensitivity and goodwill in corporate dealings with the French? * Cultural differences need to be addressed and not just assume that the foreign country will adopt domestic views. The way Europeans took holidays, bought souvenirs, took transport and ate, all affected Euro Disney’s performance * Disney did not understand the differences in the United States compared to European Labor Laws. This resulted in a waste of funding because labor costs in Europe were significantly higher than in the United States 4) How do you account for the great success of Tokyo Disneyland and the problems of Euro Disney? What are the key contributory differences? Euro Disney contrasted Tokyo in a number of ways. * Disney invested heavily in the Euro initiative while it never invested any funds in the Tokyo Park since the Tokyo Disneyland was owned and operated by the Oriental Land Company. * Tokyo Disneyland was a major success with a turnover of over 16 million in 1991 as compared to the low turnover in the Euro Disney. * An increasing trend in Japan towards leisure along with increasing appetite for the American food as opposed to the French who never valued the American foods contributed a lot to the success of Disney land in Tokyo. 5) Do you believe that Euro Disney might have done better if located elsewhere in Europe rather than just outside Paris? Why or why not? * With change of location to be somewhere else in Europe other than Paris, Euro Disney could have not done any better. This is because people in the Europe follow relatively similar cultural norms. It was not only the French who had problems with them, but also others. In Spain where they thought of at first had no adequate space for the establishment of the facility. The master spirit on the sides of the Americans could also not allow them to work in any environment. Moreover a general wave of recession and economic downturn all over the Europe, did not allow such capital intensive project. 6) â€Å"Mickey Mouse and the Disney Park are an American cultural abonimination†. Evaluate this critical statement. * Although European public acceptance of the theme park itself has not been a problem for Euro Disneyland there has been a different type of cultural clash. Most Europeans believe there is cultural imperialism * â€Å"Mickey Mouse and the Disney Park are an American cultural abomination† This is a statement connected to the hard line taken by the French Leftist who never accepted the American people to erode their culture. They claimed the pollution on their country’s cultural ambience was due to the arrival of Mickey Mouse and the company. They wanted to see more European culture in the park than the American culture. 7) Consider how a strong marketing approach might be made to both European consumers and middlemen, such as travel agents, tour guides, even bus drivers. * The strategy was very greedy in buying all the surrounding land so no one else could benefit from the project. This is not going to promote any local support and isolates the project from and other business support. The scale of the investment also isolated them more in the case of a failure. * The idea was to market the Disney as a complete holiday encouraging people to stay in the hotels and eat all meals in the park. * The travel time to Paris was 35 minutes from Euro disney and the hotel Disney cost as much as the best hotel in Paris, many people may prefer to stay overnight in the city center. * High competition in tourism industry. People passing through the area may decide to take the more traditional visit to Paris instead. * Marketing approach is very strong local partnership is important. In planning, Disney were more interested in the moneymaking ventures than the fundamental details such as providing enough restrooms for coach drivers. Inpatient drivers resulted a decrease in the number of visitors. * Tour guides have direct communication with customers. 8) Discuss the desirability of raising admission prices at the very time when attendance is static, profits are nonexistent, and new attractions are months and several years in the future.   * Skimming Pricing: is relatively high pricing strategy. It is tempting where product is highly differentiated. Setting prices assuming that demand will not be determined by price and therefore the price can be high with large profit margins. It assumes inelastic demad curve, which sales will not affected by prices. * Eurodisney saw itself in a monopoly position, and positioned itself in a relatively inelastic demand curve with attracting customers regardless of higher prices. As a result of skimming pricing policy high prices, visitors shortened their stay, avoided hotels abd brought their own food and drink. Many visitors arrived early in the morning, staying late at night or check out early in the morning.