A Slave

# 8217 ; s Soul Runs Deep Essay, Research Paper A Slave # 8217 ; s Soul Runs Deep The verse form # 8216 ; The Negro Speaks of Rivers # 8217 ; by Langston Hughes is about a adult male with a huge cognition and apprehension of rivers. The first two sentences of the verse form are similar, as in both Hughes provinces, # 8216 ; I # 8217 ; ve known rivers # 8217 ; . From this the reader gathers that this adult male has been around rivers and likely lived around rivers. He talks about different experiences he has had on four different rivers. For illustration he says, # 8216 ; I bathed in the Euphrates when mornings were immature # 8217 ; and this gives the feeling that he was about long ago when the river was merely get downing to organize. Another quotation mark, # 8216 ; I heard the vocalizing of the Mississippi when Abe Lincoln went down to New Orleans # 8217 ; shows a transition of clip from the first quotation mark as this historically places him in a much more modern clip frame. On an unverifiable degree I think that this is a verse form about different rivers that Hughes feels attached to for some unexplained ground. However, based on a close reading I would reason through the explication attack that this verse form can be seen in a different visible radiation. While some may reason otherwise, I believe that on an explicative degree Hughes is making a comparing between his psyche and the rivers. In taking a closer expression at many different facets such as genre, my close reading reading, and outside research I have reached a decision. I have discovered that Hughes did a fantastic occupation of depicting the slave experience as seen through his psyche and the psyches of all others who have experienced bondage. I believe that Hughes # 8217 ; verse form is unwritten. It seems to read as if he is passionately declaiming to some fictional audience. It makes sense for his presentation to be unwritten as he is depicting his history every bit good as the bondage issue, two subjects he would believe it of import for people to hear. At the same clip, Hughes writes in prose. This suggests a earnestness to his poesy which would be suiting to my reading of his verse form. While seeking to construe Hughes # 8217 ; verse form, I found that the explication procedure worked best. I sporadically went through the full verse form concentrating on possibly one line and what that meant, and so traveling to a different line. I continued this procedure until I had sufficiency of it solved to unknot the whole. I chose this attack because it worked good with the verse form. The verse form seemed to read like a narrative and this made it easy to construe one line, and so to pick up and travel to a different line. I would get down explicating my reading of Hughes # 8217 ; poem by stating that it is full of metaphors and similes. In several topographic points Hughes refers to the rivers as being old. In line two he uses the word # 8216 ; ancient # 8217 ; to depict them and once more in line 12. I originally thought that the rivers represented clip but I now believe that they represent the talker # 8217 ; s psyche. My reading of this verse form is a narrative sprinkled with similes that repeatedly make this comparis on of the rivers and the speaker’s psyche. The narrative Begins when the talker says that he ‘bathed in the Euphrates river when mornings were young’ . This could stand for his birth or a clip when he was immature or immature at bosom. Bathing is frequently associated with baptism and this normally occurs at birth. Next he remarks, ‘I built my hut near the Congo and it lulled me to sleep’ . I believe this could be a memory of his early manhood, likely at a clip when he is populating in Africa and is still asleep ( or non cognizant of ) the establishment of bondage. Then he states, ‘I looked upon the Nile and raised the Pyramids above it’ . It seems to me that he is a slave at this point, looking at his finished work that rises above the Nile. In truth, slaves really were the people who built the great Pyramids and this fact can be used to confirm my claim. Last, when he remarks, ‘I heard the vocalizing of the Mississippi when Abe Li ncoln went down to New Orleans, and I’ve seen it’s muddy bosom turn all aureate in the sunset’ I think the talker is get downing to see the first historic interrupt away from bondage. Abe Lincoln was one of the first people to acquire the ball peal and speak against bondage. The river turning muddy to aureate could theoretically be the start of hope and realisation that a better tomorrow is possible. In his last line the talker says, ‘My psyche has grown deep like the rivers’ . I am convinced that anyone holding seen and witnessed all that has been described would hold had to develop a really deep psyche. The issue of bondage played a strong function in Hughes # 8217 ; life. At an early age, Hughes was forced to come to footings with the fact that his gramps had been lynched. A quotation mark of Hughes clearly demonstrates his feelings towards this issue, # 8216 ; I swear to the Lord I still cant see, why Democracy means everybody but me. # 8217 ; In other verse forms written by Hughes the issue of bondage once more arises. For illustration, in # 8216 ; Negro # 8217 ; Hughes states that he # 8217 ; s been a slave, and reminds us of when Belgians were so barbarous to the slaves while busying the Congo. At Hughes # 8217 ; funeral the people recited # 8216 ; The Negro Speaks of Rivers # 8217 ; . This clearly demonstrates how genuinely of import the issue of bondage was to him and how his life had become symbolized by the verse form. This verse form at first seemed straightforward to me. As I read it more closely and thought about it more I began to set spots and pieces together. I think Hughes has done a fantastic occupation of depicting the slave experience, from the beginning of his narrative to the terminal, which is when he starts to recognize that a brighter hereafter might be. The manner it was written made me truly think about what it was Hughes was seeking to state. This verse form made me recognize that a great many people suffered as slaves. These people lived their whole lives in this capacity, most without hope of any alteration of position. I felt like I was seting together a saber saw mystifier and it was a good feeling when I eventually saw what I believe Hughes wanted me to see.

Capital punishment Essay Example | Topics and Well Written Essays - 500 words

Capital punishment - Essay Example Justice has been served. But this was before civilization knew about this thing called criminal justice system within a democratic government. Today, we have laws that define crimes and their penalties as well as the procedure for ascertaining the guilt or innocence of the accused. No less than the Fifth Amendment guarantees that, â€Å"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury†¦nor be deprived of life, liberty, or property, without due process of law. In this view, I submit that capital punishment should be abolished. Death as a penalty for a crime has no place in a country that prides itself as the bastion of democracy and the grand protector of life and liberty throughout the world. Killing a person is not just a crime. It is wrong. It does not matter if the killer is a deranged individual or a government intoxicated in its immense power to take the life of another person. Capital punis hment is killing.

Social Entrepreneurship Essay Example | Topics and Well Written Essays - 250 words - 4

Social Entrepreneurship - Essay Example ng an increasing trend these social enterprises are not practicing on ethical grounds and are needed to consider ethical principles while executing their decisions. People’s confidence in the integrity and honesty of these social enterprises is decreasing day by day and lack trust these enterprises consider social benefits while conducting business activities. As proposed by Rhode & Packel (2009), numerous factors impact the ethical decision making within all sorts of organizations and in order to solve the problem of rising misconduct, an in depth analysis of such factors is needed. The proposed factors include moral awareness, moral decision-making, moral intent and moral action. And individuals vary on these grounds causing cognitive biases that lead to the development of unethical behaviour. Being a part of business enterprise, the organizational culture and structure also helps in manipulating individuals’ acts and decisiveness on moral grounds. The authors also pr ovided the main areas where ethical considerations may arise in a non-profit organization such as social enterprise. These include conflicts of interests, compensations, publication & solicitation, investment policies, financial integrity, strategic management and accountability. Thus in order to encourage ethical decision making, certain guidelines provided may be followed such as ensuring effective and efficient codes of conduct as well as compliance programs, encouraging effective management of financial affairs and incorporating an ethical culture that inhibits immoral conducts. But all these measures would be ineffective if the ethical reasoning does not descend from the people occupying leading positions. The importance of ethics can’t be neglected in any sort of organization or personal decision making but its significance in non profit sector can’t be neglected as it forms the basis of societal gain and its violation may result in hurting not only the economy but also the social

Changing Identities in Cyberculture Essay Example | Topics and Well Written Essays - 750 words

Changing Identities in Cyberculture - Essay Example so that the computer mimics a real life encounter by using the facilities of the pixels instead of the human body and the voice. The important difference between direct human contact and human contact through the medium of computers is that the usual physical aspects of communication are largely missing. Visual and aural aspects are not there, and the style of the individual is expressed through a number of substitute clues, such as the choice of font, a pseudonym usually with some reference to popular culture, and sometimes an â€Å"avatar† which is a pictorial representation of the self. The advantage of these devices in contexts like Multi Media Online Roleplay Games(MMORPGs) are obvious, and provide many people of all ages with entertainment in which a small caricature of the self interacts with other players, and with artificial intelligence characters to fight goblins or track down aliens, or build castles or any amount of artificial social activities at the whim of the games designer. These social spaces provide a setting where people can operate in an artificial world, adopting the customs and cultures that develop there, and in effect creating a new identity specifically for that subculture in cyberspace. The internet offers children and adults alike to play in a carefree and anonymous way, and for many this is a much valued respite from the demands of an increasingly pressurized daily life. There are some critics who see this opportunity as something potentially dangerous, and especially for the young. (Anderson et al., 2007) Without doubt the presence of paedophiles and people who prey on under age computer users is a worry. Children identify quite closely with the characters that they play, and they need to... This essay focuses on the arrival of the internet, that has opened up a whole new dimension of communication which was inconceivable even fifty years ago. People can now not only access a world-wide store of information and communicate with contacts, but also exchange and share personal photographs online. Such possibility to post public and private messages were analyzed in the essay. It allows to develop real friendhips and relationships over time, and this is an important lifeline for many lonely or disabled people, as well as a healthy and normal development phase for young people. Although the technology that makes all this possible has changed, the process is no different than the business man donning a suit to go to work and some jeans to go out and have a barbecue with the neighbors. The persona is adjusted to suit the context that is presented to the person. The potential for the development of neuroses and extreme or abusive personalities exists in cyberculture and are disc ussed in the essay in details. However, the danger of physical harm coming to a person chatting via a computer is considerably lower than that of a person in a dangerous neighborhood, or even simply sitting in a pub or going to a rock concert. To conclude, the researcher stets that the ability to try out and maintain different internet personas is allowing people to experience a wider range of social roles and gain superior social skills, and so for this reason, cyberculture is something that we should all embrace with open arms.

Critically Evaluate Doyles Definition Marketing Essay

Critically Evaluate Doyles Definition Marketing Essay Most academics and marketing practioners consider that there are two basic approaches to marketing which are often categorised as being traditional or relationship based. The traditional approach to marketing has the acquisition of new customers as its central tenet. Indeed, Peter Drucker (1964, p. 91) suggested that a business only existed to create a customer. However, organisations have increasingly begun to recognise that customer retention is as important, if not more so, than customer acquisition. The driving force behind this change in thinking has been the ever increasing cost of acquiring new customers (Holmlund and Koch, 1996). Therefore, in contrast to traditional marketing, the basic premise of relationship marketing is the development of customer relationships with a view to cost reduction within the organisation and increased shareholder value through the creation of high levels of customer satisfaction (Perrien and Ricard, 1995). Indeed, many relationship marketing the orists summarise the difference between relationship marketing and traditional marketing as the creation of customer satisfaction rather than the creation of a customer (Perrien and Ricard, 1995). In terms of the competitive advantage dimension of Doyles definition, Porters Generic Strategies model (1980, p. 39 see Appendix I) suggests that the traditional approach to marketing relies heavily on a strategy of cost leadership and price competiveness. In contrast, relationship marketing focuses on differentiation, in terms of product and/or brand attributes, as a source of sustainable competitive advantage. It can be seen, therefore, that Doyles definition of marketing is closely allied to the relationship marketing school of thinking. However, Doyles definition does not take account of the fact that the implementation of a relationship based approach to marketing alone does not necessarily guarantee that an organisation will achieve a sustainable competitive advantage, or, therefore, a subsequent maximisation of shareholder returns. To have the potential for this, a relationship marketing programme must include attractive and relevant value propositions for customers, which should differentiate an organisations brand and/or products from those of its competitors. In addition, these differentiated value propositions should not be easy for competitors to imitate (Barney, 1991). It is critical, therefore, that an organisation establishes exactly what value its customers are seeking in order for it to be able to design and deliver the appropriate value-enhancing benefits that will facilita te the building of meaningful long-term, and mutually beneficial, customer relationships (Christopher et al, 2002, p. 22). Doyles definition refers only to valued customers suggesting that they are a homogenous group. However, not all customers are alike and Newell (2003, p. 17) articulates this when he states that Customers dont want to be treated equally. They want to be treated individually. Therefore, not only does successful relationship marketing rely on the creation of customer value propositions but also on the process of segmenting and targeting the most appropriate customers and then tailoring and positioning value propositions to appeal to the various, identified consumer segments. Furthermore, the segmentation of consumers by psychographic and behavioural attributes enables an organisation to understand the different motivational factors that influence those consumers in their purchasing behaviour towards specific brands or products, thus facilitating a more individual approach to customers. In addition, segmentation by this method provides an organisation with an insight into the specific va lue benefits that its customers, and potential customers, are seeking when they make a purchase. This, in turn, assists in the creation of desirable and differentiated brands and/or products, and enables their effective positioning for the identified segments (Dibb et al., 1997). The segmentation, targeting, and positioning process is summarised in Appendix II. Doyles definition of marketing specifically identifies developing relationships with valued customers as a means of creating a competitive advantage. However, the definition makes no reference to any other stakeholder groups that an organisation may have, and will certainly need to interact with, if it is to build and sustain a competitive advantage. The six markets stakeholder model indentifies the key stakeholder groups that require attention from any organisation that adopts a comprehensive relationship marketing approach to the achievement of its business growth and profitability objectives (Christopher et al., 2002, p. 76 see Appendix III) Whilst this model is certainly customer centric, it recognises different stakeholder groups as having the potential to engage in active relationships with the organisation and., therefore, be considered for inclusion within its marketing strategy. It is necessary for organisations to effectively manage relationships with all of these groups e specially as they have an interrelationship with each other. For example, shareholders in an organisation are members of the Influencer Markets, but may also be part of the Referral Markets and the Customer Markets. Finally, and perhaps most importantly, in terms of support for Doyles definition, research has shown that there is a direct link between the adoption of a successful relationship marketing strategy and profit (Bhote, 1996). None of this is to say, however, that traditional marketing does not have a role to play in the modern-day commercial environment. There is no doubt that many consumers have a short-term outlook, in terms of their purchasing behaviour, and are not necessarily loyal to particular brands. Indeed, such consumers may buy particular brands out of habit or they may actively search for brands regardless of whether or not they are being targeted by relationship marketing programmes (Kotler and Armstrong, 2011, p. 150). In this sense, Doyles definition does not recognise the concept or value of traditional marketing. However, the many exponents of the traditional approach to marketing regard it as a distinct and dedicated management function within an organisation that is responsible for creating transactions with certain groups of customers that satisfy their immediate needs and wants whilst, at the same time, meeting the marketing objectives set by the organisation (Grà ¶nroos, 2006). Organisations that deploy traditional marketing methods tend to view the marketing function as being responsible for the so-called four Ps, namely Product, Place (distribution), Price, and Promotion, rather than the management of customer relationships. Research has also shown that, in fact, very few organisations deploy exclusively either traditional marketing or relationship marketing. More often than not there will be a blending of the two marketing disciplines and, in terms of responsibility within an organisation, traditional marketing may be the domain of the marketing department with customer relationship management being a standalone function. In any case, the choice between using one of the two methods, and using both, should always be based on the industry in question and the needs of the customer. (Zinedlin and Philipson, 2007). However, there remains no doubt that many consumers are willing, and able, to form emotional, as well as practical, transaction-based relationships with organisations. This is particularly the case where an organisation has a recognisable brand as consumers are more likely to identify with a brand, and remain loyal to that brand, than they are to an organisation. Loyalty by customers to a brand is known to be a prime factor in the creation of sustainable competitive advantage and, therefore, business growth and profitability (Aggarwal, 2004). It is for these reasons that, according to Kotler and Armstrong (2011, p. 259), of all the assets owned by an organisation, the brand is the perhaps the most enduring and valuable in terms of its ability to generate shareholder wealth. Consequently, although Doyles definition of marketing has been seen to exclude the still relevant dimension of traditional marketing, it can be effectively applied to the creation and management of the marketing s trategy of an organisation. Even so, Doyles definition does not go far enough in its attempts to encompass the practice and value of relationship marketing as it does not specifically refer to the strategically significant role of brands in building sustainable competitive advantage. Consequently, to apply Doyles definition in a practical sense to the creation and management of an organisations marketing strategy, it is first necessary to discuss and evaluate the role that branding and brand reputation plays. As has already been shown, true relationship marketing demands that brands, and their inherent value propositions, are positioned in a differentiated and competitive sense against the various identified consumer segments. This is only the first step in the branding process and it is critical to the building of a sustainable competitive advantage that, over time, an organisation is able to build and sustain its brand reputation. Brand reputation is to do with how customers think and feel about a brand and, in order to develop brand reputation organisations need to have certain building blocks in place to enable customers to feel confident in developing meaningful relationships with the brand (Keller, 2003). These building blocks include brand salience, perfor mance, imagery, and resonance, which all impact on the judgements consumers make about a brand and, ultimately, how they will behave towards it. This process of brand reputation building is summarised in Appendix IV. If the process is followed effectively, then customers will ultimately progress from understanding, and empathising with, the brands value propositions to having a resonance with the brand and being ready to form an emotional relationship with it. To maximise the value of this potential emotional relationship, organisations have to take advantage of every available opportunity to ensure that engagement between their brand and their customers is positive. These engagements can comprise a number of so called customer touchpoints, such as direct marketing, helplines, advertising, and social media. Every time that a customer engages with a brand through a touchpoint that customers views and opinions about the brand are formulated and, ultimately, this will influence attitudes and behaviour towards the brand. Indeed, Doyle himself (1998) suggested that, by maximising the positive and integrated nature of customer engagements with their brands, organisations could enhance their overall bra nd reputations. Consumers who form emotional relationships with brands can actually become so enthusiastic about these relationships that they develop a loyalty to the brand and may even progress as far as becoming so called brand advocates, recommending the brand to friends, family, and members of their peer and reference groups (Aggarwal, 2004). If the organisation carefully nurtures these loyal customers and brand advocates, then they can become immensely valuable, in terms of future shareholder returns, and groups of them may even form themselves into brand communities on social networking sites, such as Facebook, where their influence over other customers and potential customers will be even greater. In summary and conclusion, it can be seen that the successful management of an organisations customer relationships can lead to customer loyalty and advocacy and is a key factor in an organisations ability to establish and maintain its competitive advantage, which, in itself, is a prerequisite for growth and profitability in todays globalised and highly competitive marketplace. Although Doyles definition recognises the increasingly significant role of customer relationship management within the marketing discipline, it fails to take account of the other key stakeholder groups that interact within an organisation, and with each other. Equally, certain strategically important aspects of a comprehensive relationship marketing strategy that will maximise competitive advantage and, in turn, shareholder returns, are not referred to in Doyles definition. These shortcomings include a lack of recognition of the value and role of brands in the marketing process as well as the significance of s egmentation, targeting, and positioning. In addition, Doyles definition totally excludes any reference to the important role that traditional marketing is still able to play within a successful marketing strategy Even so, although Doyles definition does fall short in certain areas, it is still a solid foundation for the framing of an organisations marketing strategy. This is because modern-day organisations have to understand that, in order to deliver the returns that their shareholders demand, a significant element of marketing practice has to be focussed on the building of long-term, mutually beneficial relationships with customers rather than on new customer acquisition. This is especially true as consumers not only have an increasingly heightened awareness of brands but also take more account of a brands reputation when making a purchasing decision. Equally, consumers are more willing to express their brand awareness by either defection from, or loyalty to, particular brands. Organisations can encourage customer loyalty to their brands by developing and communicating, at every available opportunity, consistent, relevant, and powerful brand propositions that are customised to their identif ied market segments. In this way, brands can build competitive advantage through differentiation rather than through the adoption of low pricing policies which impact negatively on profitability and, thereby on shareholder returns. -

A Modern Black Arts Movement through the Instrument of Hip-Hop Essay ex

A Modern Black Arts Movement through the Instrument of Hip-Hop Since the decade of 1920, America has been the setting for a progressive "Black Arts Movement." This African-American cultural movement has taken shape in various genres, gaining mass appeal, through multiple capitalistic markets. Even with the use of capitalism this cultural arts movement has stayed set upon its original purpose and direction, by aiding in cultural identity awareness. The knowledge of the duel-self through community awareness as it pertains to economic perceptions and other social boundaries or the metaphysical-self; what W.E.B. Du Bois coined as "twoness," or a division of one’s own identity as a African-American. (Reuben 2) A realization of the existence of two beings within one’s mental identity, where time alters attitude and identity through environmental influence of passing events. The discovery of the "New Negro" in the Harlem Renaissance marks the beginning of this essential philosophy contributing to the 1960’s Black Arts Movement and the Civil Rights Movement; continuing to be evident in current forms of black art, such as within the lyrics of hip-hop music. These revolutionary Ideals of reform have been voiced in the lyrics of many rappers of urban realism, like the New York M.C.’s Rakim, Run-D.M.C. and west coast rapper Tupac Shakur. Though this form of expression is opposed by most academic elitists and fundamental conservatives due to their vulgar expressions of sex and violence depicted within the genre of Hip-Hop; it in opposition actually presents an internal cultural conflict revealed through the redefinition of one’s own identity with poetic lyrical expressions of realism. This art form known as rap developed due to the in... ...Working Hip-Hop Chronology." Professa Rap’s Working Hip- Hop Chronology. Web. 25 Apr. 2013. . Reuben, Paul P. "PAL: Appendix F: Elements of Poetry." PAL: Perspectives in American Literature-A Research and Reference Guide. Web. 25 Apr. 2013. . Reuben, Paul P. "Chapter 9: Harlem Renaissance-An Introduction." PAL: Perspectives in American Literature-A Research and Reference Guide. Web. 25 Apr. 2013. . Salaam, Mtume ya. "The aesthetics of rap." African American Review. 29.2 (1995): 303-316. Shakur, Tupac. "Words of Wisdom." OHHLA.com. Web. 25 Apr. 2013. . Toure. "Rap-up." Rolling Stone. Apr. 1995: 78.

Canadian law: An introduction Essay

              A person that has been convicted of crime is sentenced for three main purposes; deterrence, retribution, and protection of the public. The degree to which these three objectives are achieved is subjective since incidents that make up a case are isolated and differ. In the case of Ferguson, the accused was charged with manslaughter with a firearm. According to Canadian criminal law, the minimum penalty for this offense is 4 years’ incarceration. However, the defendant in this case got 2 and a half years conditional sentence which meant that he could enjoy his freedom to a certain extent. However, the court of appeal stepped in and restored the four year incarceration sentence that is prescribed by law (R. v. Ferguson, 2008). However, this sentence only met two the sentencing goals; deterrence and protection of the public.                  With the sentence, the accused was deterred from engaging in a vice similar to the one that he had been convicted of again. Consequently, this meant that the public was protected from the perpetrator of the crime. Viewing this goal from a logical point of view, it was achieved partly. This is because the public was only protected from the perpetrator the crime and not the crime itself hence the goal achieved was a significant reduction of the threat posed to the general public. The third goal being retribution was hardly achieved. This is because the criminal was given the minimum sentence and this was after the initial ruling was overturned by the court of appeal. This creates a mindset that there is a possibility for one to be punished rather leniently for a man-slaughter.                  Another case that can be used to examine the purposes of sentencing is the case of R. v. Readhead (R. v. Readhead, 2008). In this case, the accused was sentenced to 2 and a-half years imprisonment. Again, this case makes the matter of sentencing convicted persons, with regards to the cultivation of marijuana for trafficking purposes, subjective. This is because the scale of production may vary. In this case, the sentence that the accused was given was appropriate since it served all the three sentencing purposes. It deterred further production and circulation of the drug from this specific source, consequently protecting the public, and it also aided in the retribution of the convicted individual because the sentence served was very heavy if compared to the quantity of the drug that he was found with.               In the case of R. v. Horon, The accused was a young man that was convicted for driving under the influence. Being young, the accused showed a great potential of retribution but due to the reverence of public protection with regards to drinking and driving, a sentence was deemed necessary therefore creating a state of imbalance as to the degree to which the sentencing goals were achieved (Boyd, 319-21). In the arguments presented for this case, the judges referred to the case of R, v. Gutoski January 4, 1990 where the charge was for driving while impaired and for such a case, a sentence was necessary notwithstanding the reasons for driving while impaired due to the risk posed to the general public (Boyd, 320). In this case, the case of R. v. Horon, all the three sentencing goals were achieved only that they were a little stringent on the convict as the possibility of retribution without a sentence was overlooked. Canadian Family Law                Since the 1960’s, the Canadian family law has experienced major changes that have been depicted in the cases involving family over the years. The case of Aspe v. Aspe (Aspe v. Aspe, 2010) is one that shows how some of the changes have been effected in the family laws of Canada. The main issue in this case was spousal support. Before the 1985 divorce act was passed, spousal support as well as children support was mandatory for the man. However, the spousal support was subject to change after the 1985 act. This is because the ruling on this issue was subject to consideration as section 15.2(6) states the need for economic advantages and disadvantages to be recognized, the consequences apportioned, all for the purpose of promoting self-sufficiency (Douglas, 2001). In this case, the ruling made did not alter the spousal contribution that the court had earlier prescribed. This is because it took into consideration Mr. Aspe’s financial position and at the same time examined Ms. Aspes’s financial liabilities and determined that Mr. Aspe was in no position to increase his contribution with regards to his annual income, expenses and debts as well.               In the case of Bain v. Bain (Bain v. Bain 2008), the dominant issue was the custody of the children. The appellant wanted the terms of the custody arrangement to be revised so that they could favor both parties. According to the arrangement, the appellant had been granted access, information and visiting rights while the respondent was to house the children and care for them as prescribed in the divorce act (Douglas, 2001). However, the appellant was applying for joint custody, which was not granted by the court. In this particular case, the judge took the children’s best interests into account because the children were relatively young. This meant that the best arrangement would be for the respondent, to retain most of the custody rights but at the same time grant access to the appellant as the father of the children. On the other hand, the ruling with regards to child support was necessary since the court examined the appellant’s financial capa bilities and prescribed a contribution that would not strain him.                  The Moge v. Moge (Moge v. Moge, 1992) can be compared with that of Bain v. Bain to showcase the changes made in the Canadian family law. The parties in this case were married in the mid 1950’s and separated in 1980. The court ruled that the man was to give the ex-wife a monthly contribution of $150 as spousal and child support. At some point, the woman was laid off from her place of employment and the man had to increase his support to $400 a month. However, this ruling was overturned and the man was required to pay the initial $150. This shows that prior to the 1985 act, the criterion for determining support was the means and needs, which overlooked the other criteria stated above.                  In the case of Barkley v. Barkley (Boyd, 253), the issue raised is of same sex and heterosexual marriages and how it is treated by Canadian courts. When divorce arises in a same sex marriage, the court treats the parties similar to how they treat straight couples. However, the issue is in heterosexual marriages as is seen in this case. Mr. B argued that it was not in the best interest of Lynn’s custody to be given to her mother in full due to her sexual orientation. Mr. B argued that this would influence her negatively.                   In conclusion, the family laws in Canada have experienced changes that have impacted the rulings of cases in a major way. These changes act as a guideline to be implemented in various cases depending on the facts as presented. References Aspe v. Aspe, 2010 BCCA 508. Bain v. Bain, 2008 BCCA 49. Boyd, N. (2011).  Canadian law: An introduction. Toronto: Nelson Education. Douglas, K. (27 March, 2001). Divorce Law in Canada. Moge v. Moge, [1992] 3 S.C.R. 813.R. v. Ferguson, [2008] 1 S.C.R. 96, 2008 SCC 6.R. v. Readhead, 2008 BCCA 532. Source document

Ben & Jerry’s Marketing Audit Essay

1 Executive Summary According to the American Marketing Association, â€Å"marketing is an organizational function and a set of process for creating, communicating and delivering value to customers and for managing customer relationships in ways that benefit the organization and its stakeholders† (Kerin, 2005, p.6). I have completed a marketing audit of Ben & Jerry’s Homemade, Inc. in the following categories: Market and Distribution Channels, Manufacturing, Markets and Customers, Competition, Marketing, Objectives, Strategies and Tactics, the 4P’s (product, pricing, promotion, and place), and sales. Based on my findings, there are several factors that will play a key role in Ben & Jerry’s Ice Cream becoming number one in the ice cream industry, instead of being ranked, as number 2. They are as follows: Streamlining the variety and names of the ice cream flavors Increase sales in the non target markets Sell premium ice cream in half gallon sizes Improve brand image Ben & Jerry’s ice cream currently offers consumers Super-premium ice cream flavors that are both unique and quirky. Furthermore, some of the wackiest flavors were suggested by adults. For example, some of the flavors include, Cherry Garcia, Chunky Monkey, and Chubby Hubby (www.benjerry.com). As a result of some of the outlandish names, it becomes difficult for consumers have to figure out why an ice cream would be called chunky monkey, and secondly, what does the flavor consist of. After all, Ben & Jerry’s target customers are at the high end of the consumer spending spectrum. Haagen-Daazs’ most popular ice cream flavor is simply, vanilla. Therefore, perception becomes a vital marketing concept to attain the number one  status. Although Ben & Jerry’s has been acquired by Unilever, one of the leading food companies in the world, Haagen Dazs, which has been acquired by Dreyer’s has still been able to penetrate 42% of the super-premium ice cream mark et, while Ben & Jerry’s penetrated 38%. However, Ben & Jerry’s have been able to have 100% profitability over the last nine years, while decreasing the cost of sales. Penetrating the 20% non-target market would allow revenue to continue to climb upward by becoming more visible. Advertising can be done through supermarket circulars, television commercials, and radio announcements, and offering the super-premium ice promotions such as buy one, get one free or coupons. Thus, customers and profit margins increase. Currently, Ben & Jerry’s super-premium ice cream is sold in pint size quantities. Gallon size quantities were only sold to warehouse club stores. Selling the product to the general public in gallon sizes would allow them to infiltrate the family segment of the ice cream industry. Understanding the consumer is a vital tool in successful marketing and sales. However, careful research and planning are necessary. Thus, a recommendation is being made for Ben & Jerry’s to enter the market of â€Å"micro-branding†; a trend that is becoming more successful in the ice cream industry. â€Å"Micro-branding would allow Ben & Jerry’s to partner with a compatible and recognized national brand to develop an ice cream formulation that delivers a taste experience that is related to the national brand’s product (www.qffintl.com). Some of the companies that currently co-brand are Cool Brands International/General Mills = Yoplait Frozen Breakfast Bars, Reese’s candies and Friendly’s Restaurants. Furthermore, prior to launching this new venture, Ben & Jerry’s can conduct a survey among loyal customers. Ben & Jerry’s Ice Cream is the best illustration of the 80/20 rule. They achieve 80% of the revenues in the target market and 20% in non target markets; however, to increase sales and become No.1, they will need to increase sales in non target markets while stimulating demand in target markets. Based on corporate information (www.benjerry.com), Ben & Jerry’s Ice Cream evolved when two childhood buddies, Ben Cohen and Jerry Greenfield met in a 1963 7th grade gym class in Merrick, New York. In 1977, Ben and Jerry move to Vermont and completed a $5 correspondence course in ice cream making. Afterward, a $12,000.00 investment was made, $4,000.00 of it borrowed, and they opened their first Ben and Jerry’s homemade ice cream scoop shop in a renovated gas station in Burlington, Vermont, on May 5, 1978. The company has maintained a reputation for producing gourmet ice cream and frozen treats, as well as promotions that foster an image as an independent socially conscious Vermont company. On August 3, 2000, Ben and Jerry’s were acquired by Unilever, a British-Dutch food company with distribution in 100 countries. This acquisition would allow the Ben & Jerry brand ice cream to cross over into national and international markets. The ice cream was made with fresh V ermont cream and milk, and the best and biggest chunks of nuts, fruits, candies, and cookies† (www.benjerry.com). Currently, Ben & Jerry’s sell 18 Mio gallons of ice cream per year, and more than â€Å"$200 Mio in annual sales worldwide including Europe, the Mideast, and Asia† (Kerin, 2006, p.2). This makes them one of the top maker’s of premium ice cream, matching  rivals Nestlà ©Ã¢â‚¬â„¢s Haagen-Dazs, and Godiva. Some of the first flavors included French Vanilla, Mint with Oreo Cookie, Maple Walnut, Butter Pecan, and Dastardly Mash. In order to maintain its status as a leader in the premium ice cream industry, new flavors are constantly being marketed, as well as measures to determine what the ice cream consumer wants now and in the future. The corporate vision is built around three strategic goals (missions) that support Ben & Jerry’s corporate concept of linked prosperity. These goals are: 1. The product mission: Become the leading distributor of freshly made quality ice cream, utilizing natural ingredients that do not violate the environment. 2. The economic mission: Achieve capital growth for the corporation, the stakeholders, and the employees. 3. The social mission: Be a pioneer in creating innovative business practices that make a positive impact on society nationally and internationally. 1.2 Market and Distribution Channels The company currently markets flavor ice cream, frozen yogurt and sorbet in packaged pints, for sale primarily through four channels: 1. Supermarkets, and other grocery stores 2. Convenience stores 3. Retail food outlets and in bulk primarily to restaurants. 4. Ben & Jerry’s company-owned franchised scoop shops. Ben & Jerry’s Ice Cream currently distribute their products throughout the United States primarily through independent distributors targeting certain markets including New England, New York, the Mid-Atlantic region, Florida, Texas, the West Coast and selected other major markets, including the Midwest and Denver areas. In 1999, approximately 77% of the sales of the Company’s packaged pints were attributed to these target markets (www.benjerry.com). Also, the ice cream products are also available in â€Å"non-target† markets in the United States, the United Kingdom, France, Israel, Canada, the Netherlands, Belgium, Japan, Singapore, Peru and Lebanon. 1.3 Manufacturing The company manufactures Ben & Jerry’s super premium ice cream and frozen yogurt pints at its plant in Vermont. This plant manufactures Ben & Jerry’s ice cream, frozen yogurt, frozen smoothies and sorbet in packaged pints,  12oz. and single serve containers at its St. Albans, Vermont plant. However, in 1999, the company shifted the manufacturing of its frozen novelty line of business from a company-owned plant in Springfield, Vermont, to third party co-packers to improve the company’s competitive position, gross margins and profitability. As a result of this restructuring, the company was able to write-off `assets associated with the ice cream novelty business, asset impairment charges of other manufacturing assets and costs associated with severance for those employees who do not accept the Company’s offer of relocation. The implementation of this manufacturing restructuring program resulted in a pre-tax special charge to earnings of approximately $8.6 Mio in the fourth quarter of 1999 that was primarily non-cash. The plan was executed in 2000. Thus, outsourcing its novelty business will enable the Company to introduce a wider range of novelty products in future periods. 1.4 Markets and Customers Ben & Jerry’s ice cream is packaged in pints, quarts,  ½ gallons, single serve containers and novelty products primarily through supermarkets, other grocery stores, convenience stores and other retail food outlets. The company markets ice cream, frozen yogurt and sorbet in 2  ½ gallon bulk containers primarily through franchised and company-owned Ben & Jerry’s scoop shops, through restaurants and food service accounts, such as stadiums, airports, cafeterias, and hotels. The ice cream is distributed through independent ice cream distributors; with some exceptions, only one distributor is appointed for each territory for supermarkets. In most areas, sub-distributors are used to distribute to the smaller classes of trade. Company trucks and other distributors distribute products that are sold in Vermont and upstate New York. In the late 90’s, Ben & Jerry’s redesigned its distribution network to enable more company control over sales and improve efficiency in the distribution of its products. Under the redesign, Ben & Jerry’s increased direct sales calls by its own sales force to all grocery and chain convenience stores and has a network where no distributor of Ben & Jerry’s products has a majority percentage of the Company’s distribution. In addition, a joint venture of the U.S. ice cream operations of Nestle and the Pillsbury Company distributes Ben & Jerry’s products in specified territories; the balance of domestic deliveries are distributed primarily by  Dreyer’s Grand Ice Cream. Under the redesign, no single distributor is expected to handle over 40% of Ben & Jerry’s distribution, as compared with Dreyer’s distribution activities accounting for approximately 57% of the company’s net sales in 1997 and 1998. 1.5 Competition â€Å"The ability to create innovative marketing strategies is crucial to a company’s competitiveness† (Magrath, Allan, 1992, p.1). Competition in the premium ice cream industry is fierce. Initially, Nestle, Dreyer’s, and Blue Bell were Ben & Jerry’s top three top competitors. In July of 2003, Nestle merged its operations with Dreyer’s, which makes Edy’s and Haagen-Dazs ice cream (www.dreamery.com). Other significant competitors are Columbo, Healthy Choice, and Starbucks, which are all distributed by Dreyer’s. According to research, Haagen- Dazs uses several approaches to keep the status of being number one in the ice cream industry, and they are as follows: a. Substantial visibility in more foreign markets than Ben & Jerry’s. b. More shares of the markets. c. Cookies and candies are used as a part of the ingredients. In addition to competing with the number one competitor, Dreyer/Nestle, Ben & Jerry’s also has to face competition from other players including: Berkeley Farms Blue Bell CoolBrands Dunkin Friendly Ice Cream Gifford’s Schwan’s (Competitor’s cont’d) Stewart’s Shops Stonyfield Farm YoCream 2 Marketing Ben and Jerry’s Ice-cream introduced themselves to the marketplace as unusual and comical, with the hopes of appealing to the ice cream lover’s sense of humor. Thus, allowing them to acquire a loyal following. However, many adult  consumers did not find their advertising funny, as a result market research revealed confusion. Although the packaging of the ice cream was amusing, patrons were often trying to figure out why a company, that wants to sell premium ice-cream, would come up with an ice cream flavor such as â€Å"Chunky Monkey† and â€Å"Chubby Hubby†. The playful packaging was viewed as being too juvenile to necessitate its luxury price. In 1998, the company re-launched its entire pint line. â€Å"The design of the ice cream packaging was changed to a more polished grown up design utilizing collages of illustrations, photography and textures. The polished grown up designs cleared the confusion, strengthened the brand, and matched the quality of the ice cream. A superb premium look accompanied the price, and was created without forfeiting the trademark Ben & Jerry’s eccentricity† (www.fitch.com). Changing the packaging design helped the company to be taken more serious by the premium ice cream consumer market. To sustain their brand and marketing strategy, Ben & Jerry make sure all marketing activities are aimed at building brand equity, a solid reputation for the company, and most importantly, profitable customer relationship. The company’s marketing strategy includes: 1. Emphasizing the high quality, natural ingredients in its products. 2. Highlighting commitment to social change through innovative promotional and advertising campaigns facilitating brand awareness through Public Relations, magazines, radio, TV coverage, and the internet. The company now distributes its ice cream products internationally in the United Kingdom, Israel, certain parts of Japan, Ireland, France, Canada, the Netherlands, Belgium, Singapore, Peru, and Lebanon. Furthermore, all of the scoop shops are franchised, which contributes significantly to the growth of the brand. 2.1 Objectives, Strategies and Tactics Competition in the premium ice cream industry is fierce. The company’s two principal competitor’s are the Haagen-Dazs operation of Ice Cream Partners and Dreyer’s/Edys, which introduced Dreamery. Other significant frozen dessert competitors are Columbo, Healthy Choice and Starbucks. â€Å"Haagen-Dazs is the industry leader with 42% of the super-premium business, and No.2 Ben & Jerry’s, with 38 percent† (Emert, Carol, San Francisco Chronicle,p.1)  however Ben and Jerry are looking at becoming No 1 and the 4Ps analysis below illustrate how they want to achieve that goal. 2.2 4P’s – Product The packaged ice cream industry includes economy, regular, premium, premium plus and super premium products. Super premium ice cream is generally characterized by a greater richness and density than other kinds of ice cream. This higher quality ice cream generally costs more than other kinds and is usually marketed by emphasizing quality, flavor selection, texture and brand image. Other types of ice cream are largely marketed on the basis of price (www.benjerry.com). Ben & Jerry’s Homemade makes its products at facilities in Vermont. They make over 40 different Super-premium Ice Cream flavors (www.hoovers.com) Super-premium Flavors: Brownie Batter Butter Pecan Cherry Garcia Chocolate Chip Cookie Dough Chocolate Fudge Brownie Chocolate Therapy Chubby Hubby Chunky Monkey Coffee Coffee Heath Bar Crunch Dave Matthews Brand Magic Brownies Dublin Mudslide Everything But The†¦ Fudge Central Fossil Fuel Half Baked In A Crunch Karamel Sutra Martha Martha Marshmallow Mint Chocolate Cookie New York Super Fudge Chunk Peanut Butter Me Up Phish Food Uncanny Cashew Wich Frozen Yogurt Cherry Garcia (low-fat) Chocolate Fudge Brownie Half Baked Phish Food Super Premium Ice Cream, Super Premium Frozen Yogurt, and more recently, Super Premium Sorbet have become an important part of the frozen dessert industry reaching â€Å"$3.5 billion in annual ice cream sales (Emert, Carol, p.1) Super premium ice cream is the fastest growing segment in the ice cream industry. Sales in the low-card ice cream market skyrocketed to close to $76 Mio in January of 2005. Research shows, â€Å"66% of carbohydrate conscious consumers are seeking low fat products† (www.qffintl.com). In response to the demand for lower fat and lower cholesterol products, Ben & Jerry’s introduced its own super premium low fat frozen yogurt and lactose-free and cholesterol-free sorbet, as well as a new line of low fat ice cream. 2.3 Pricing Based on information provided by Information Resources, Inc., a software and marketing information services company, the total annual U.S. sales in supermarkets at retail prices of super premium and premium plus ice cream, frozen yogurt and sorbet were approximately $572 Mio in 1999 compared with about $518 Mio in 1998. During the 2001-2003 period sales grew by 11.6% In 2004, sales were approximately $260 Mio, and 2004 sales were $272 Mio. Ben and Jerry’s product is considered an affordable luxury because of the high quality and quantity of the ingredients. However, individual retailers set their own retail pricing. A reflection of the variation of pricing depends on local market conditions, as illustrated in the table below. Retail/Grocery Store Convenience store Pathmark Shoprite WaWa CVS Ben & Jerry $3.89 $3.79 $3.99 $3.69 Dreyer/Haagen-Dazs $4.19 $3.99 $4.29 $3.89 2.4 Place Competition and consumer demand are increasing in the premium ice cream industry. Because of limited shelf space within supermarkets, visibility becomes minimal for many ice cream manufacturers. As a result, some brands have been forced out of some markets. In most supermarkets that were visited, Ben & Jerry’s have their own section of shelf space to advertise there product. This is done by having their product advertised in a separate freezer space. In markets where they do not have their own shelf space, they tend to use a seasonal adjustment strategy. 2.5 Promotion Ben & Jerry’s use community involvement to advertise their ice cream. The company hosts a yearly folk festival which has about 50,000+ attendees. Free cones are given away at this annual event. In addition, the company has guided tours of its facility in Vermont. This is a non-traditional marketing approach. Currently, the company does not advertise in retail papers, nor do  they solicit buyers in television ads. As a result, it is difficult to quantify investment and return on investment (ROI). However, being able to double profit within five years illustrates Ben & Jerry’s ability to successfully market and drive sales. 2.6 Sales Cohen and Greenfield began packing the ice cream in pints for sale in local grocery stores in 1980. The first franchise followed in 1981. The company earned national exposure that year when Time magazine hailed their product as â€Å"the best ice cream in the world.† After opening its first out-of-state franchise in Maine in 1983, Ben & Jerry’s Homemade first went public in a Vermont-only stock offering (to keep ownership local) in 1984. Sales that year surpassed $4 Mio. The fat-free mania of the 1990s prompted the ice-cream producer to introduce frozen yogurt nationally in 1992 and nonfat frozen yogurt in 1995. Stiff competition and plant expansion in 1994 caused Ben & Jerry’s to suffer its first-ever loss. In 2000, Unilever acquired the company for about $326 Mio. Since its purchase of Ben & Jerry’s, Unilever has not fully integrated the company into its freezer-full of North American ice cream brands. However the parent has plans to boost the brand into its global portfolio. While most Ben & Jerry’s is exported from Vermont, limited production of the product has begun in Europe. Since its purchase of Ben & Jerry’s, Unilever has not fully integrated the company into its freezer-full of North American ice cream brands. However the parent has plans to boost the brand into its global portfolio. While most Ben & Jerry’s is exported from Vermont, limited production of the product has begun in Europe. After a slow spell in its retail growth, Ben & Jerry’s has announced it will step up store openings around the US. To share the cost of nabbing prime retail locations, the company is partnering with its Vermont neighbor Green Mountain Coffee Roasters to add coffee and pastries to its SCOOP SHOP menu — and hopefully extend sales into times of the day when people aren’t typically eating ice cream. An analysis of net sales for the last 9 years reflects a significant growth that is a result of: A better market penetration.  A reduction of cost of sales throughout the years (operational efficiency, improved sales and marketing) Improved gross profit over the years (reflects increased efficiency) In fact, based on the above analysis, Ben & Jerry’s are in a position to beat out their number one competitors, Dreyer’s and Nestle. 3 Recommendations Based on the findings in conducting a Marketing Audit for Ben & Jerry’s Super-Premium Ice Cream, Ben & Jerry’s Ice Cream is the best example of how to turn a dream into a successful business venture. In fact, they have achieved the No.2 player in the Super- Premium Ice Cream market. Their next goal is to become No.1. To achieve their goal, Ben & Jerry’s have to address the following issues that were identified in the Marketing Audit: They have to stream – line the variety of flavors. In fact, the current offering tends to confuse the consumer especially given the associated luxury price tag. They have to increase sales in the non target markets by increased marketing as an effort to become more visible to consumers. Sample marketing and advertising channels include television commercials, supermarket circulars, and radio advertisements. In fact, Ben & Jerry’s Ice Cream is the best illustration of the 80/20 rule. They achieve 80% of the revenues in the target market and 20% in non target markets; however, to increase sales and become No.1, they will need to increase sales in non target markets while stimulating demand in target markets. References Anonymous. Ben & Jerry’s 10-405K Report. Retrieved December 28, 2005, from http://www.benjerry.com/our company/research library/fin/1999/10k.html. Anonymous. Ben & Jerry’s 10-405K Report. Retreived December 28, 2005, from http://www.benjerry.com/our company/press_center/press/press_release.cfm. Anonymous. Packaging, Brand Communications and Consumer Environment. Retrieved from http://www.fitvh.com/case-study Anonymous. (2005).USA summer ice cream scene: Novelties, Co-Branding and Something for Everyone. Retrieved December 28, 2005 from http://www/qffintl.com/pdf/july_2005/95.cfm Chevron, J, (1998). The Delphi Process: Strategic Branding Methodology, (15)3, 1-2. Retrieved December 28, 2005 from http://www.jrcanda.com?art_delphi.html Emert, Carol. (1999). Dreyer’s enters the cold war. New Dreamery line is going cone to cone with Haagen–Dazs and Ben & Jerry’s. Retrieved January 10, 2006, from http://www/sfgate.com/cgi-bin/article.cgi Kerin, Roger, Hartley, Steven.(2005) Marketing. Eighth, Retrieved December 5, 2005 from University of Phoenix database Magrath, A. (1992). Six pathways to marketing innovation. Business & Company. Resource Center. Retrieved December 10, 2005 from http://galenet.galegroup.com Murray, B. Ben & Jerry’s homemade inc. Hoovers A D&B Company. Retrieved December 12, 2005, from http://www.hoovers.com